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HomeMy WebLinkAbout99-05459iry t d L :i 17 I II.1119c"PL lnL 1:79PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. JACOB N. FEALTMAN and LORIE L. FEALTMAN No. _q?-=,5yLff ACTION IN MORTGAGE FORECLOSURE NOTICE TO DEFEND 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 other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4' Floor Carlisle, PA 17013 Phone No. (717) 240-6200 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de ]as quejas expuestas en las paginas siguientes debe tomar accion dentro de veinte (20) dtas a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita en persona o por abogado y presenter en la Corte por escrito sus defensas o sus objections a las demandas en su contra. Se le avisa que si no se defiende el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cuaiquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO VAYA O LLAME A LA OFICINA EN LA DIRECCI6N ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4t' Floor Carlisle, PA 17013 Telefono No. (717) 240-6200 8I.1119 M MJI 03M 1:10 PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL NATIONAL MORTGAGE ) ASSOCIATION ) VS. ) JACOB N. FEALTMAN and ) LORIE L. FEALTMAN ) No. ACTION IN MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is Federal National Mortgage Association, a corporation with offices at 510 Walnut Street-] 6th Floor, Philadelphia, Pennsylvania 19106-3687. 2. Defendant Jacob N. Fealtman is an individual whose last known residence or last known whereabouts is 4626 Enola Road, Newville, Pennsylvania, 17241. 3. Defendant Lorie L. Fealtman, is an individual whose last known residence or last known whereabouts is 20 Carlisle Road, Apartment 3, Newville, Pennsylvania, 17241. 4. Defendants are the Mortgagors and real owners of a certain premises situate 524 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania, 17241. 5. On January 6, 1994, Defendants, as Mortgagors, made, executed, and delivered a Mortgage (the Mortgage) upon the aforesaid premises unto Blue Ball National Bank (herein referred to as Blue Ball), as Mortgagee, which Mortgage is recorded in the Cumberland County Recorder's Office in Mortgage Book 1191, Page 320, a copy of which is attached hereto as Exhibit "A" and is made part hereof, for the purpose of securing the payment of the sum of Sixty-Seven Thousand Four Hundred ($67,400.00) Dollars, with interest at the rate of 6.875% $1-1139C" PLH AMM 1:79 PM Percent per annum, as provided in the Mortgage Note (the Mortgage Note), executed and delivered by Defendants to Blue Ball simultaneously with the said Mortgage, a copy of which Mortgage Note is attached hereto as Exhibit "B" and is made a part hereof. 6. The premises (the Mortgaged Premises) subject to the said Mortgage is described as follows: ALL THAT CERTAIN lot or tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan entitled "Subdivision for Charles L. Bear" prepared by Larry V. Neidlinger, P.E., which said Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County Plan Book 41, Page 24, as follows: BEGINNING at a point marked by an iron pin at the edge of dedicated right-of- way line of public road known and designated as Township Route T-412, said point being common corner of Lots 13 and 14 on the within mentioned plan; thence along common boundary line of Lots 13 and 14, South sixty-five (65) degrees twenty (20) minutes West, two hundred (200) feet to an iron pin at common corner of Lot 13 and 14 and in line of other lands of the grantors; thence along lands of the grantors, North twenty-four (24) degrees forty (40) minutes West, one hundred sixty (160) feet to an iron pin at the edge of a right-of-way leading from other lands of the grantors to Township Route T412; thence along the edge of the aforesaid right-of- way, North sixty-five (65) degrees twenty (20) minutes East, two hundred (200) feet to an iron pin in the edge of dedicated right-of-way line of the aforementioned Township Route T-412; thence along the edge of dedicated right-of-way line of Township Route T412, South twenty- four (24) degrees forty (40) minutes East, one hundred sixty (160) feet to an iron pin to the point and place of BEGINNING. CONTAINING: 32,000 square feet. BEING all of Lot No. 14 on the aforementioned subdivision plan. BEING THE SAME PREMISES which Jacob N. Fealtman, by deed dated April 24, 1991 and recorded May 1, 1991 in the Recorder's Office in and for Cumberland County, Pennsylvania in Record Book B, Volume 35, page 1092, granted and conveyed unto Jacob N. Fealtman and Lorie L. Fealtman, husband and wife. UNDER AND SUBJECT TO any restrictions or easements that may appear of record. 7. Under the terms of a certain Mortgage Assignment dated February 16, 1994 (the Mortgage Assignment), a true and correct copy of which is attached hereto as Exhibit "C" and is 81.1119 CPR PLH V23M 1:10 PM incorporated herein and made a part hereof, Blue Ball National Bank assigned all right, title, and interest in the Mortgage and the Mortgage Note, to Plaintiff, Blue Ball having retained the obligation to service the Mortgage Note and the Mortgage and, therefore, being authorized to act on behalf of Plaintiff as agent in foreclosing the Mortgage. 8. Under the terms of the Mortgage Note and the Mortgage, Defendants are obligated to make biweekly payments to Plaintiff, as Blue Ball's assignee, every fourteen days in the amount of Two Hundred Twenty-One and 39/100 ($221.39) Dollars, payments to be applied fast to the payment of interest and the balance for the reduction of principal, plus reasonable escrow payments for periodic payment of applicable real estate taxes and insurance premiums, which Plaintiff has determined to be Ninety-Seven and 22/100 ($97.22) Dollars per month, resulting in a total bi-weekly payment being due in the amount of Two Hundred Seventy ($270.00) Dollars; payments are to be made to Blue Ball, as agent of Plaintiff, responsible for servicing the obligation. 9. Defendants are in substantial default of their obligations under the Mortgage Note and the Mortgage, as Defendants have failed to make biweekly payments when due for all payments due since May 11, 1999. 10. Plaintiff has provided Defendants with notice of Homeowners' Emergency Mortgage Assistance Act of 1983 as required by Act of 1983, December 23, P.L. 385, No. 91 (35 P.S. §1680.401c et seq.), and Defendants have not sought relief under said Act. 11. Plaintiff is not required to provide Defendants with Notice of Intention to Foreclose as required by the Act of 1974, January 30, P.L. 13, No. 6, §403 (41 P.S. §403), as the original principal balance of the obligation exceeded $50,000.00. Plaintiff has provided Defendants with written notice of default, demand for payment, and notice of cure rights, a true and correct copy PI.I I3P CR PLH 943M 1:30 PM of which is attached hereto as Exhibit "D" and is made a part hereof, as required under the terms of the Mortgage. 12. Under the terms of the Mortgage Note and the Mortgage, Plaintiff has elected to declare the entire balance of the Mortgage immediately due and owing. 13. The following amounts are now due on said Mortgage and the Mortgage Note which it secures: Principal balance $60,452.93 Interest through 8/31/99 1,844.65 Late charges ....................................................... 99.54 Total ................................................................................. $62,397.12 14. Interest continues to accrue at the rate of 6.875% Percent per annum from August 31, 1999, and all interest, costs, and other charges collectible under the Mortgage and the Mortgage Note which it secures are claimed in addition to the above amount, including any maintenance costs or taxes which Plaintiff is required to expend on the premises. 15. Under the terms of the Mortgage, Plaintiff is entitled to collect reasonable counsel fees for collection, and such counsel fees are claimed. Plaintiff believes, and therefore avers, that, in the event that this matter is not contested, reasonable counsel fees in this matter would be Three Thousand Twenty-Two and 65/100 ($3,022.65) Dollars, which amount is collectable under the terms of the Mortgage Note and the Mortgage and which amount is claimed in addition to the above sums in the event that this matter is not contested; Plaintiff reserves the right to claim additional reasonable counsel fees in the event that the matter is contested. 16. Despite demand, Defendants have refused to make payment of the sums properly due Plaintiff. 17. Defendants are not in the military service of the United States within the meaning of 91.1119 CPT PUN MY" 1:10 PM the Soldiers and Sailors Civil Relief Act, as amended. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in the amount of Sixty-two Thousand Three Hundred Ninety-Seven and 12/100 ($62,397.12) Dollars, as set forth above, and for reasonable counsel fees, the minimum being Three Thousand Twenty-Two and 65/100 ($3,022.65) Dollars, for a total judgment of Sixty-Five Thousand Four Hundred Nineteen and 77/100 ($65,419.77) Dollars, and for foreclosure and sale of the mortgaged property, and for additional interest at the rate of 6.875% per annum from August 31, 1999, together with all costs of this proceeding and together with any charges or expenses collectible under the Mortgage and the Mortgage Note which it secures. WENTZ AVER & KLING, LLP By: 0,_ Robert K. Weaver, Esquire Attorney for Plaintiff Supreme Court No. 19529 132 West Main Street New Holland, PA 17557 Telephone No. 717-354-4456 11.1159 CPT PI w3m I:M1 PM I verify that the statements made in this Complaint are true and correct. I further verify that I am the Loan Counselor for Blue Ball National Bank and that in such capacity I am authorized to execute this verification on behalf of Blue Ball National Bank, as servicing agent for Federal National Mortgage Corporation. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Donald A. Ffodgen, Lo&Counselor ,.' IbS6-P. 94 Jfifj Rn 10 50 Lao.. Ar.•7a l r. II on.l LOAN NO. 5044780 MURTGA(' THIS MORTGAGE ('Security lau,unent•) is gtven on JANUARY 6 The mert[e[or is JACOB N "ALTMAN AND LORIE L PEALTMAN , 19 94 11" Security Inhumeat is given to BLUR BALL NATIONAL BANX, ('Borrower'). which Ls "Pelted and "1111011 under the laws of THE UNITED STATES address is 854 N. MAIN ST., and whom NEW HOLLAND, PA 17557 Borrower own lender the principal sum of ('Lend"'). SIXTY-SEVEN THOUSAND POUR HUNDRED AND 00/100 (U.S. $ 67, 400.00 ). This debt is evidenced by Borrower's note doted the IMnN Security Instrument ('Note'), which provides for monthly payroents, with the full debt, if not d earler. 'tee and a able on OCTOBER 4, 2017 psi nder: (a) due the and payable the debt evidenced by the Note, with interest, and all renewals, extensions end modifcationsofof the Note; (b) the repayment pay other sums, with interest, advanced under paragraph 7 to protect the security of this Security Ltetmment; and c payment Irof all cu other Sorrower's covenants sod agreements under this Security Interment and the Note. For this purpose, () the a doesa of ??R. grant sod convey to Lander the following described property located in Barrow" does here by BLAND County. Pennsylvania; " SEE ATTACHED LEGAL DESCRIPTION " which has the Address of 524 SEED RD NEIFVZLLB Pennsylvania 17241 ls'n'rt try rw ('Property Address*); (earl T'OoEITfER WITH all the improvements now or hereafter erected on the propedy, ended a ..to appurteoaom, and fixmro now or hereafter a put of the property. All repimeinents and addidow shall elm be eovemd by Ibis Lvtroment. NI of the foregoing is alerted m in this Security Intmment " the -property . Security BORROWER COVENANT'S aw Borrower is lawfully mired of the cram hereby canveyad and has the right to morW[e• [rant ad convey the Property and (hot the property is unnumbered, "capt for encumbrances of record. Borrower warrants and win defend generally the tide to the property against dl claim and demands, mbjeet to any eocumbnnces of record. PENNSYLVANIA•Shpt.Fite -Fannie MwrFmd"MaoUNIFORM INSTRUMENT ra .Y . avaa4 ce,. sw* G.. M. IBM assaaes Pass 1x19 000 Form 3039 9190 InNWa: ITT rasa IM h00A 1191 FACE 320 Exhibit "A" THIS SECURITY INTMUMENTcomhines uniformcovenats fornalional aces and nor ••eiforascoveoaots with limited variations by jurisdiction to mandating a uniform s ity instrument covering real Emparty. UNIFORM tOV ENANTS. Borrower and Lander covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay who due the principal of and Interest an the debt evidenced by the Note and my prepayment and late charges due under the Note. 2. Funds for Touna and Iruunnca. Subject to applicable law or to a written waiver by Lander, Borrower shall pay in Under on the day monthly payments aro due under the Note, until the Note is paid in full, a sum ('Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leanhold payments or ground rents an the Property, if any; (c) yearly harsrd or property insurance premiums; (d) yearly good insurance premiums, if my; (e) yearly mortgage insurance premiums, if any; and (f) any runs payable by Borrower to Under, in accordance with the provisions of paragraph 8, in lieu of the payment of mongage insurance premiums. Than items am called'Faerow Items'. Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum Amount a lender for a federally related mortgage loan nay require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1914 as amended from time to tune, 12 U.S.C. 12601 a esq. ('RESPA% unless mother law that applies to the Funds sets a laser amount. If so, Lander may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Under may estimate the amount of Funds due on the buie of current data and reasonable estimates of expenditures of future Facrow Items or otherwise in Accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instmmenuliry, or entity (including Under, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Fxrow Items. Lender my not charge Borrower for holding and applying the Funds, annually Analyzing the escrow account, or verifying the Farrow Items, unless Under pays Borrower Internet on the Funds ad applicable law permits Lender to make such a charge, However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lander in connection with this loan, unless applicable law provides otherwise. Unless an agreement is nude or applicable law requires interest to be paid, Lander shall not be required to pay Borrower my interest or earnings on the Funds. Borrower sad Lander may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, a Samuel Accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made, The Foods are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Under exceed the amounts permitted to be held by applicable law, Lander shall account to Bonwer for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Under at any time is not sufficient to pay the Escrow Vertu when due, Under may so notify Borrower in writing, and, in such can Borrower shall pay to Under the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Under shall promptly refund to Borrower any Funds held by Under. If, under paragraph 21, Under shall acquire or sail the Property, Under, prior to the acquisition or sale of the Property, shall apply my Funds held by Lander at the time of acquisition or sale as a credit against the sum secured by this Security Instrument. 3. Application or Payments. Union applicable law provides otherwise, all payments received by Lander under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to my late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground cents, if any. Borrower shall pay than obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Under all notices of amounts to be paid under this paragraph. If Borrower makes the" payments directly. Borrower shall promptly famish to Lander receipts evidencing the payments. Borrower shall promptly discharge any lien which hspriority over this Security Instrument unlem Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in s manner acceptable to Lander; (b) contests in good faith the lien by, or defends against enforeetsseot of the line in, legal proceedings which in the Under's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien m agreement satisfactory to Lander subordinating the lien to this Security Instrument. If Lander determines that any pan of the Properly is subject to a lien which my attain priority over this Security Instrument, Leader rdy give Borrower a notice identifying the lien. Borrower shall satisfy the lien or Lake one or =in of the Actions set forth above within 10 days of the giving of notice. S. Hanard or Property Insurance. Borrower shall keep the improvements now existing or hereafter created an the Property insured against lose by fire, banns included within the term 'extended coverage' and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that leader requires. The insurance carrier pmviding the insurance shall be chosen by Borrower subject to Lander's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Under may, at Lander's option, obtain coverage to protons Lander's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be mccpuble to Lander and shall include a standard mortgage clause. Lander shall have the right to hold the policies and renewals. If Lander requires, Borrower shall proly give to Lender all receipts of paid SNOM Femay FsenM MWFndd4 Ms UNIFORM INSTRUMENT tV Rev. gM0 Ppe 2 of a InI1Lab' LOT vac rate bOOK 1191 pace 321 promiuma and raoewal miicp. In he ev^t of loan, Borrower shall give prompt notice tr'?o insurance carrier and Leader. Leader may make proof of Ion if not made pr dy by Borrower. Unless Lender and Borrower Otherwise Agra in writing, insurance proceeds shall be applied to enlantion or repair of the rreep?r Is not economically feaible or Lender isecurity wmoudlbeflessened. he Lender's epproceeds shall be applied to the ro iuams secured by this Security Instmaeot, whether or not then due, with any excess paid to Borrower. If Borrower Abandons the Property, or does oat answer within 30 days a notice from Lander that the inmrmca carrier has offered to settle a alum, them Lender may oallegl the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sumo secured by this Security tostmmmi, whadism or not taboo dec. The 20-dAy period will begin when the nail" Is given. Unless Lender and Borrower otherwise Agra in writing, any application of proceeds to principal shall not extend or postpone the duo dale of the monthly psymm a referred to in paragraphs I and 2 or change the amount of the payment. If under paragraph 21 the Property Is Acquired by Lender. Borrower's right to my insurance policies and proceeds resulting from damage to the Property prior to the Acquisition shall pan to Lender to the extent of the surer secured by this Security Instrument immediately prior to the acquisition. 6, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leatcholds. Borrower hall occupy, establish, and use the Property As Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to Occupy the Property a Borrower's principal residence for At least one year after the date of Occupancy, union Lander otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating clrcumnmw exist which are beyond Borrower'a control. Borrower shall not destroy, damage or impair the Property, allow the Property, todeteriante, orcommitwalteon the Property. Borrower shall be in default ifany forfeiture action orprocetding,whether civil or criminal, is hope that in Lender's good faith judgment could vault in forfeiture of the Property or otherwise materially impair the lien crated by We Security fnnmete tr or fender's security interest. Borrower may cure such • default and minstale, a provided in paragraph 18. by causing the Action or proceeding to be dismissed with a ruling that, in Leader's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairroeot of he dim crated by this Security Instrument or Lender's security internat. Borrower shall also be in default If Borower, during the loan application procw, gave materially false or inaccurate information or statements to Lender (or failed to provide lender with my material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's Occupancy of the Property a a principal residence. If this Security Instrument is on a lessehold, Borrower shall comply with all the provisions of the lease. If Borrower Acquires fee title to the Property, the lanhold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lendtr's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such As a proceeding in bmkmptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's action may include paying my mma secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' face and entering on the Property to make mpain. Although Lender ray take =lion under this paragraph 7. Lender does not have to do an. Any amounts disbursed by Leader under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Leader agree to other terms of payment, these amounts shall bear interest from he date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting paymem. 8. Mortgage Insurance. If Lender required mortgage insurance As a condition of making the loan sauced by this Security Instrument, Borrower shall pay the premium required to maintain the mortgage insurance in effect. If, for my reason, the mortgage insurance coverage required by Lender lapses or canes to be in effect. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender cach month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain than payments u a loss maerve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay he premium required to maintain mortgage insurance in effect, or to provide ¦ Ion reserve, until the requirement for mortgage insurance ends in Accordance with my written agreement between Borrower and Lender or applicable law, 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at he time of or prior to an inspection specifying reneable cause for he inspection. 10. Condemttation. The proceeds of my award or claim for damages, direct or consequential, in connection with any condemnation or other taking of my pan of the Property, or for conveyance in lieu or condemnation, are hereby Assigned and shall be paid to Leader. In he event of a InW taking of he Property, the proceeds shall be applied to the sums =need by this Security Instrument. whether or not than due, with my excen paid to Borrower. In the event of a partial taking of the Property in which he fair market value of the Property immediately before the taking is equal to or greater than the amount of he an= secured by this Security Instrument immediately before he tskiog, unless; Borrower and lender otherwise spree in writing, lhR sums secured by this Slnpl. Fm,ay • FmnI. MWFeddM M. UNIFORM INSTRUMENT pG5 5 - Rev. erne Pee. 2 of a WIWI.• riz;E ufT vr. 1e1 6o0gi1S1 PAGE 322 Seaurlty lastrom et shall be reduced by ts• amount of the proceeds multiplied by the folly $as totting: (a) the tow amount of the sums Muted Immedlaely before the W , divided by (b) the fair market value of thv, ..oporly Immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair tray km value of the Property immediately before the taking Is lea than the amount of the sums secured immediately before the taking, unlace Borrower and Leader otherwise agree In writing or unless applicable law otherwise provides, the proceeds shall be applied to the sutra secured by this Security Instrument whether or not the sums an then due. If the Property is abandoned by Borrower, or if, after notice by Lander to Borrower that the condemnor often to nuke an award or settle a claim for damages. Borrower fails to respond to Lander within 30 days altar the dam the notice is given, Leader is wthorind to eallm and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Imtmment, whether or not then due. Unless Leader and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or chase the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for psymeat or modification of motorization of the sums muted by this Security Instrument granted by lender to goy successor in interest of Borrower shall not operate to slew the liability of the original Borrower or Borrower's mccesson in interest. Lander shall not be required to commence proceedings against my successor in interest or refuse to extend time for payment or otherwise modify amortization of the suns secured by this Security htstmment by reason of my demand code by the original Borrower or Borrower's succession in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of my right or remedy. 12. Suceerore and Assigns Bound; Joint and Several Liability; Cosigners. The covenants and agreements of this Security Instrument shall bind and benefit the successor and mwigat of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who cosign this Security lastrumeat but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowar's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and my other Borrower may agree to extend, modify, forbear or make my acenmmodaliom with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted an that the interest or other low charges colleected or to be collected in connection with the low exceed the permitted limits, then: (a) my such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) my sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lander guy choose to make this refund by reducing the principal owed under the Note or by nuking a direct payment to Borrower. Ita refund reduces principal, the reduction will be treated ass a partial prepayment without my prepayment charge under the Note. 14. Notice. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by trailing it by first class mail unless applicable law requires use of mother method. The notice shall be directed to the Property Addresm or my other address Borrower designates by notice to Lander. Any notice to Lender shall be given by first elms mail to Lender's address sated herein or my other address Lender designates by notice to Borrower. Any notice provided for in this Security Imtmment shall be deemed to have been given to Borrower or Leader when given u provided in this paragraph. 15. Governing Law; Seveetbility. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that my provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note ma declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Inurement. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all at my pan of the Property or my interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lander guy, at its option, require immediate payment in full of all sums secured by this Security lastmmeat• However, this option shall not be exercised by Lender if exercise is prohibited by federal law at of the date of this security tmtmment• If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Iw than 30 days from the date the notice is delivered or nailed within which Borrower must pay all ems secured by this Security Instrument. If Burrower fails to pay these suns prior to the expiration of this period, Lender nay invoke my remedies permitted by this Security Innrumeot without further notice or demand on Borrower. 18. Barrowees Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at my time prior to the earlier of. (a) S days (or much other period as applicable law may specify for reinstatement) before sale of the Property pursuant to my power of sale contained in this Security Instrument, or (b) entry of a judgment =forcing this Security Instrument. now conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note u if no acceleration had occurred; (b) curve my default of my other covensum or agreements; (c) pays all mpeaum incurred in enforcing this Security Instrument, including, but not limited to, reuansble attorneys' face; cod (d) takes much action as Leader may reasonably require to mature that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Wtruaant shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations hen y? l remain fully effective Single Fw*- Fannie MWFndd6 Mw UNIFORM INSTRUMENT Rev. 9190 Pape 4 of 9 Inid, AP, WVa. teal BOOR I IOf PAGE 323 r as if no acceleration had oecurred. How--r, this fight to mimlate shall not apply in the •w of acceleration under Paragraph 17. 19. Sale of Note; Change of Loan S ear. The Note or a partial interest in the Nu._ ogether with this Security Instmm t) my be sold cap or mom limes without prior notice to Borrower. A $ale may result in a change in the amity (known as the 'I.osn Smicer') that collects Imslhly payments due under the Note and Oda security instrument. There also may be ove or mom changes of the Leon Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be gives written notice of the chaste in accordance with paragraph 14 above and applicable law. The notice will state the was, and address of the use, Loan Servicer and the ddmn to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, swing or mlease of my Hasaedaus Substances on or in the Property. Borrower shall not do, not allow anyone elm to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small qumtitia of Hazardous Substances that am generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any govemmenW or regulatory agency or private parry involving the Property and any Haardous Substance or Environmental Law of which Borrower bat actual knowledge. If Borrower lams, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shell promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Hazardous Substances' am than substances defined as toxic or hazardous substances by EnvironmenW law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvau, materials containing asbestos or fomuldehyde, and radioactive materials. As used in this paragraph 20, 'Envimememud law' means federal laws and laws of the jurisdiction where the Property is located that miate to health, safety or enviromomed protection. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (hut not prior to acceleration under paragraph 17 roles applicable law provides otherwise). Lender shall Rattly Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default most be cured; and (d) that failure to cure the default at specified may mull in acceleration of the stuns secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to mere in the foreclasure proceeding the non<xislenm of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured ns specified, Lender at its option may require immediate payment in full of all suns secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender, shall be entitled to collect all expemes incurred in pursuing the resnedia provided in this paragraph 21, including, but not fnfited to, attorneys' rte and costs or title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums soured by this Security lustmment, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay my recordation casts. 23. Waiver. Borrower, to the extent permitted by applicable law, waives and releases my error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of my present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Botrower's time to minstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sberiffa sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If my of the debt soured by this Security Instrument is tent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA • Single FamiN . Fannie Mw/N ddie Mee UNIFORM INSTRUMENT //?? Fares m» 8190 Pepe 5 of a Inltlas UFT asoae tlaa e.+ss ean,e sww a., see. teat usease 1:00K I M I PAU 32 1 24. Riders to Inds Security Imtr ImL If one or more rider sue, executed b)' lrmwu and recorded together with this Security Iastrumen6 the oovanaots and mcomets of emb such rider shall be incorpore -into rod WWI amend sod supplement the covenants and asto meats of Ws Security Instrument u If the rider(s) were • pan of this Socority Imam ent. (Check applicable box(a)l ? Adjustable Rate Rider ? Graduated payment Rider ? Balloon Rider ? Other(s) (m«Ibl ? Condominium Rider ? Plamed Unit Development Rider ? Rats Improvement Rider ? 14 penally Rider t? Biweekly Payment Rider ? Second Horne Rider BY SIGNING BELOW, Borrower aecepts and agrees to the ler us and covenants contained in this Security lrytmment and in soy rider(s) executed by Borrower and recorded with it. Witnesses: (Sad) Iw,aww v v IIW V (Sea) LORIE L Social Security Number 179-50-7033 (Sul) a.e.w.. Said Security Number Soria Security Number (Sad) eemww TN, Ub Fr aWVwlod wj COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, the 6TH day of JANOARY 19 94 , before me the undersigned officer, personally appeared JACOB N FEALTMAN AND LORIR L FEALTMAN known to me (or satisfactorily proven) to be the person whom name THEY subscribed to the within instrument and acknowledged that THEY executed the same for the purposes herein contained. IN WITNESS WHEREOF, 1 hereunto tat my hand and official sul. My Comminioo expires: So LODW2%ND"PU* ky"'bme hicirEVInaSrpt"as,iWF u PENNSYLVANIA • Bogle Funny • Frmb MWFnddM Mao UNIFORM INSTRUMENT ? F. 7030 9100 awp F- 11 a* Co, I,w. 1=1 Nessus Fps a el 0 IMWa: n?T =161191 bOOKII81 Pw 325 ALL THAT CERTAIN lot or tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan entitled "Subdivision for Charles L. Bear" prepared by Larry V. Neidlinger, P.E., which said subdivision Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County Plan Book 41, Page 24, as follows: BEGINNING at a poiof t marked by an iron pin at the edge or dedicated right- Route Tf412y sline aid public road known and designated as Township point being common corner of Lots 13 and 14 on the within mentioned plan; thence along common boundary line of Lots 13 and 14, South sixty-five (65) degrees twenty (20) minutes Neat, two hundred (200) feet to an iron pin at common corner of Lot 13 and 14 and in line of other lands of the grantors; thence along lands of the grantors, North twenty-four (24) degrees forty (40) minutes west, one hundred sixty (160) feet to an iron pin at the edge of a right-of-way leading from other lands of the grantors to Township Route T-412; thence along the edge of the aforesaid right-of-way, North sixty-five (65) degrees twenty (20) minutes East, two hundred (200) feet to an iron pin in the edge of dedicated right-of-way line of the aforementioned Township Route T-412; thence along the edge of dedicated right-of-way line of Township Route T-412, South twenty-four (24) degrees forty (40) minutes East, one hundred sixty (160) feet to an iron pin to the point and place of BEGINNING. I,AEING all of Lot No. 14 on the aforementioned subdivision plan. BEING THE SAME PREMISES which Jacob N. Fealtmen, married man, conveyed unto Jacob N. Fealtman and Lorie L. Fealtman, husband and wife by deed dated April 24, 1991 and recorded May 1, 1991 in the Recorder a Office in and for Cumberland County, Pa. in Record Book B, Volume 35, Page 1092. 600A 1191 P!c( 329 R1.XEKT.Y PAYMENT Rmk.A LOAN NO. 5044780 (noted Rate • Without Convention) TfDG BIWEEKLY PAYMENT RIDE( Is made this GTE dry of JAIMAEY . l9 94 , and is incorporated low and shell be deemed to wend and supplement the Mortgage, Deed of Trust or Security Deed (the 'Security Instrument') of the wants data given by the undersigned (the 'Borrower') to mum Borrower's Nob (the 'Nbte') to BLUR BALL* NATIONAL BANK of the came data and covering the property described in the Security Instrument and looted et: (the 'Leader') 524 SHED RD NEKVILLE, PA 17241 Inae,nr AaeawI ADDITIONAL COVENANTS, In addition to the covenants and agreements nude in the Security hutruotot, Borrower and Lender further envenaal and agree as follows: A. BIWEEKLY PAYMENTS The Note providn for the Borrower's biweekly loan payments u follows: 3. PAYMENTS (A) Time ward Nee or Payments 1 will pay principal and interest by making payments every fourteen days (the'biwookly paymwts'), beginning on FEBRUARY 23 19 94. 1 will make the biweekly payments every fourteen days will I have paid all of the principal ad Internet and my other charger dnmbod below that I my owe under this Note. My biweekly paymeou will be applied to interest before principal. If, on OCTOBER 4 2017. 1 still owa amountsunder this Nate, I will pay those amounts in full on that dam, which is called the 'maturity date'. 1 will make my biweekly payments in BLUE BALL NATIONAL HANK (B) Amount of Biweekly or at a different place it required by the Nom Holder. y Payments My biweekly payment will be in the amount of U.S. $ 221.39 (C) Manner of Payment My biweekly payerrots will be made by an autematic deduction from an account 1 will maintain with the Nom Holder, or with a different entity specified by the Note Holder. 1 will keep sufficient roads in the account to pay the full amount of each biweekly payment on the data it is due. 1 understand that the Note Holder, or an entity acting for the Note Holder, may deduct the amount of my biweekly payment from the account to pay the Note Holder for each biweekly payment on the date it is due until I have paid all amounts owed under this Note. B. BIWEEKLY PAYMENT AMENDMENTS TO THE SECURITY INSTRUMENT The Security Instrument is succeeded as follows: (1) The word 'monthly' is changed to 'biweekly' in the Security Instrument wherever 'monthly' appears. (2) In Uniform Covenant 2 of the Security Iutmmnt ('Funds for Tun and Inntrsoee'), the word 'twelve' is changed to 'twenty-six'. BY SIGNING BELOW, Borrower accepts and agrees to the terms and vents contained in this Biweekly Payment Rider. (Seel) J OB N RAL .see..,. (?) L IR L P (Sad) a.e.n., (Seel) MULTISTATE BIWEEKLY PAYMENT IImEn IFIx d Ratal • Sines FamiN - Fannie Mae Unit.. lnsm., Ferro 3178 SM tax FeW. IFUar Neese to nnnm of Pennsylvania 1 •rr: of Cunberland J SS r A in the office for the recording of Deeds B aild I4 mberlantl Court 8 VdrPage '?•s myhan Mofo W 1 J)? Rewr or booklt9T PACE 327 iVU'11: is a as and oorraat Copy (Biweekly paymmWFixed Rate-Without Con W, LOAN N0. 5044780 by d tlxgz t Agent Auth. Sign. JANUARY 6 .19 94 NEN HOLLAND PA Iopl awl 524 3RED RD NENVILLEr PA 17241 IF .1 Aa.w.t 1. BORROWER'S PROMISE, TO PAY In return for a Imen that I have received, I promise to pay U.S. f 67,400.00 (this amount is Wled 'principal'), plus interest, to the order of the Lander. The Lander is BLUE BALL NATIONAL BANK that the Lander may transfer this Note. The Lender or anyone who takes this Note by transfer and who is satilled to receive understand under this Note Is called the 'Note Holder'.. Payments 2. INTEREST Intermit will be charged on unpaid principal until the full amount of 6.875 % of principal has been paid. I will pay interest at a yearly ate . The interest ate required by this Section 2 is the rate 1 will pay both before and after my default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Flaw of Payments 1 will pay principal and interest by makers payments every fourteen days (the 'biweekly payments'), beginning on FEBRUARY 23 19 94 . I will make the biweekly payments every fourteen days until I have paid an of the principal and interest and my other charsw described balm that 1 may owe under this Note. My biweekly payments will be applied to interest before principal. If, on OCTOBER 4 2017 , I still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the 'maturity date'. 1 will make my biweekly payments at BLUE BALL NATIONAL BANK or At a different place if required by the Note Holder. (B) Amount of Biweekly Payments My biweekly payment will be in the amount of U.S. f 221.39 (C) Manna or Payment My biweekly payments will be made by an automatic deduction from an uwunt I will maintain with the Note Holder, or with a different entity specified by the Note Holder. 1 will keep sufficient funds in the account to pay the full amount of each biwakly payment on the data it is due. I understand that the Note Holder, or an entity acting for the Note Holder, may deduct the amount of my biweekly payment from the mount to pay the Note Holder for each biweekly payment on the date it Is due will I have paid all amounts owed under this Note. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known u ¦ 'prepayment'. When 1 make a prepayment, I will tell the Note Holder in writing that I am doing w. 1 nay truce a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that 1 owe under this Nom. If 1 make a partial prepaymw6 them will be too changes in the due date or in the amount of my biweekly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loam and which sets maximum loan charges, is finally interpreted so that the interest or other loam charges collated or to be collated in conration with this loan exceed the permitted limits, then: (i) any such loam charge shall be reduced by the amount awasury to reduce the charge to the permitted limit; and (ii) any sums already collated frees me that exceeded permitted limits will be refunded to me. The Nola Holder pay choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepay. rent. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Orerdue Payments If the Note Holden has het received the full amount of any biweekly payment by the end of 14 calendar days after the data it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.000 R of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each Into payment. (B) Default If I do not pay the full arnotua of each biweekly payment on the date it is due. I will be in default. 1 also will be in default if 1 do not maintain the account 1 w required to maintain under Section 3(C) above. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if 1 do not cure the default by a certain date, the Note Holder may require ma to pay immediately the full amount of principal that has not been paid and all the interest that 1 owe an that amount. That due must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waives By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay imroediataly in full u described above, the Note Holder will still have the right to do so if 1 am in default at a later time. MULTISTATE MULTISTATE BIWEEKLY FIXED RATE NOTE sisal. F. f.nrt. atse um r feinn t asae 2rta W. amt WEE papa I ol2 Initi.l.: 2062/at WT sales Exhibit "B" (E) Caymmt of Note Holder's u u and Expense If the Now Holder her required me to pay immediately in shit as describod above, the Note Holder will have the right to be paid back by me for all of its cats and expenses in enforcing this Note to the extent not prohibited by applicable law. Thew expenses include, for example, reasonable attorneys' feu. 7. GIVING OF NOTICES Unites aQplicable law requires a different method, soy notice that must be given to met under this Nom will be given by deliv. Bring it or by o cling it by first elm mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first elm mail to the Note Holder at the address sated in Section 3(q above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promise made in this Note, including the protein to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any pawn who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is aim obligated to keep all of the promises made in this Note. The Nom Holder may mferce its righis under this Note against each person individually or agalmet all of us together. TWO means that any one of us may be required to pay all of the amounts owed under this Now. 9. WAIVERS I and any other pawn who her obligations under this Note waive the rights of presentment and notice of dishonor. 'Present. went' mans the right to require the Note Holder to demand payment of amounts due. 'Notice of dishonor' moor the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Dad of Trust or Security Deed (the "Security Instrument'), dated the saxes date as this Note, protests the Note Holder from possible loata that might resettle if I do not keep the promise that I make in this Note. That Security Instrument describes how and under what conditions 1 rosy, be required to make Immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrow". If all or my part of the Property or my interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without lender's prior written consent, Lender may, at its option, require immediate payment in full of all sun secured by this Security Instrument. However, this option shall not be exercised by lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exemim this option, lender shall give Borrower notice of acceleration. The notice shall provide a period of not Im than 30 days from the date the notice is delivered or mailed within which Borrower must pay dl sums accused by this Security instrument. If Borrower fails to pay those rums prior to the expiration of this period, lender may invoke my remedies permitted by this Security Instrument without further notice or demand an Borrower. *OE WITNTH HA ND(S) AND SEAL(S) OP THE UND/, COB ! P (Seat , O SocialSecurityNumber 202-52-8145 Social Security Number [Sign Original Only] MULTISTATE BIWEEKLY FIXED RATE NOTE . Ssa Famltr . Fanny Mr Un 1 Fenn 3246 201 2aee, h a..1000144&3515 Pass 2 of 2 IM w err 42a 1091 Social Security Number 179-SO.7033 Social Security MORTGAGE ASSIGNMENT THIS INDENTURE WITNESSETH, That Blue Ball National Bank, a national banking corporation authorized to do buainesa in the State of Pennsylvania having its principal office in East Earl Township. County of Lancaster, and State of Pennsylvania, party of the first part, in consideration of the sum of Two OR MOVE DOLLARS, the receipt whereof is hereby acknowledged, hereby sells, assigns and transfers unto, FEDERAL NATIONAL MORTGAGE ASSOCIATION 510 Walnut Street - 16th Floor Philadelphia, PA 19106.0G07 party of the second part, a certain INDENTURE OF MORTGAGE dated the 6th day of January. 1994, A.D., signed by Jacob N. Fea eman Lorie L. ea man conveying to Blue Ball National Bank as mortgagee, the following described premises, to wit: 524 shed Rd.. ftewvil le PA 172a1 and further sells, assigns and transfers unto said party of the second part and debt secured by said mortgage and all of said mortgagee's right, title and interest in and to the Premises herainabove described, said mortgage is recorded in the office of the Recorder of Deeds for the County of Cumberland, State of Pennsylvania in Book Page , as Document Nu. IN WITNESS WHEREOF, said party of the first part has caused this instrument to be signed by its vice President and its Vice President, with its seal hereto affixed, this 1st day of £ebruarv. 1994. A.D. ATTEST Prepared by and returned to: Blue Ball National Bank 1060 Main Street Blue Ball, PA 17506 STATE OF PENNSYLVANIA COUNTY OF LANCASTER: SS I, the undersigned officer, a Notary Public in and for the County of Lancaster in the State of Pennsylvania, do hereby certify that John P. Moquin/vice President and Carl weaver/vice President of Blue Ball National Bank, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice Presidents appeared before me this day in person and acknowledge that they signed, sealed and dPlivoepd said instrument as their free and voluntary act and as the free and voluntary act of said Blue Ball National Bank for the uses and purposed therein set forth and caused its seal to be thereto attached. Given under my hdnd and Notarial Seal this In day of February. 1994, A.D. COMMISSION STAMP NxeW aM eWe K P?. Not" PAt NP. ?+eleE al,. We::r W Cameem crpp wl 21.19 1997 ,o. a.erywAUO?o, r,wa /. LA, Notary Public Exhibit "C" W3W Blue Batt National Bank Sabildiary of PtmRuk Fiaanriat Senic, Corp. June 1, 1999 Jacob N. Fealtman 4626 Enola Road Newville, PA 17241 Re: Mortgage upon premises at 524 Shed Road, Newville, Cumberland County, PA 17241. Dear Mr. Fealtman; The MORTGAGE held by Blue Ball National Bank (hereafter we, us or ours) on your property located at 524 Shed Road, Newville, Cumberland County, PA 17241, is IN SERIOUS DEFAULT, because You have not paid the monthly pavments for A. months of April and May. 1999. Late charges (and other charges) have also accrued to this date in the amount of $33.18. The total amount now required to cure this default, or in other words get caught up on your payments, as of the date of this letter, is $1,653.18. You may cure this default within THIRTY (30) DAY of the ' - of is letter, by paving to us the above amount of $1.653.18 plus an y additional monthly pavments and late charges which may fall due during this period Such payment must be made either by cash, cashier's check or money order, and made at P.O. Box 580, Blue Ball, PA, 17506. If you do not cure the default within THIRTY (30) DAYS, You are advised that the en 're obligation shall he immediately accelerated and that entire al deb rig har..art, TO YOU. This means that whatever is owing on the original 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 TEN (10) DAYS, Blue Ball National Bank will instruct it's attomev to ararf a t {ySUtt t0 foreclose your mortgaged rp operty. If the mortgage is for rln?„d yomr mn>Mna_a,a Property will be sold by a Sheriff to may off he me?ea a debt Any attorney's fees will be added to whatever is owed the bank, which may include it's reasonable costs. The bank may also sue you personally for the unpaid mortgage balance and all sums due under the mortgage. P.O. Box 580 • 1060 Main Street • Blue Ball, PA 17506 • 717-354.4541 • www.bbob.com Exhibit "0" EBBNB Blue Ball National Bank Sukidiary of POMRock Financial Servittf Corp. If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale You may do so by paving the total amount of the unpaid monthly principal payments plus accrued interest and 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 muirements under the rta e 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 us at the following number: (717) 354-4541. This payment must be in cash, cashier's check or certified check and made payable to as 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. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. Being so advised, govern your action accordingly. Sincerely, kEld A. Hodgen Loan Counselor P.O. Box 580 • 1060 Main Street • Blue Ball, PA 17506 • 717-3544541 • www.bbnb.com EBBNB Ball National Bank Suk1d1aryo1PeMRack Fta 141 Services Corp. June 1, 1999 Lorie L. Fealtman 20 Carlisle Road Apt. 3 Newville, PA 17241 Re: Mortgage upon premises at 524 Shed Road, Newville, Cumberland County, PA 17241. Dear Mrs. Fealtman; The MORTGAGE held by Blue Ball National Bank (hereafter we, us or ours) on your property located at 524 Shed Road, Newville, Cumberland County, PA 17241, is IN SERIOUS DEFAULT, because You have not paid the monthly payments for the months of April and May, 1999. Late charges (and other charges) have also accrued to this date in the amount of $33.18. The total amount now required to cure this default, or in other words get caught up on your payments, as of the date of this letter, is $1,653.18. You may cure this default within THIRTY (30) DAYS of the date of this letter, by Ravin o_ to us the above amount of $1.653.18, plus any additional monthly payments and late charges which may fall due during this period Such payment must be made either by cash, cashier's check or money order, and made at P.O. Box 580, Blue Ball, PA, 17506. If you do not cure the default within THIRTY (30) DAYS, You are advised that the entire obligation shall be immediately accelerated and that entire principal debt, together with accrued interest shall be immediately due and payable WITHOUT FURTHER NOTICE TO YOU. This means that whatever is owing on the original borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If fill payment of the amount of default is not made within TEN (10) DAYS, Blue Ball National Bank will instruct it's attomev to start a lawsuit to foreclose Your mortgaged property. If the mortgage is fore closed your mortgaged oroperty will be sold by the Sheriff to pay off the mortgage debt Any attorney's fees will be added to whatever is owed the bank, which may include it's reasonable costs. The bank may also sue you personally for the unpaid mortgage balance and all sums due under the mortgage. P.O. Box 580 • 1060 Main Street • Blue Ball, PA 17506 • 717-354-4541 • www.bbab.com Blue Ball National Bank Sabsidlaryo/PennRock Ai cial Services Corp. If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale You may do c by Paving the total amount of the unoaid monthly Principal payments plus accrued interest and any late or other chases then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and Perform any other requirements under the morteage). 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 us at the following number: (717) 3544541. This payment must be in cash, cashier's check or certified check 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 Sheriffs sale, a lawsuit could be started to evict you. If you cure the default, the mortgage will be restored to the same Position as if no default had occurred. Being so advised, govern your action accordingly. Sincerely, Do A. Ho g en Loan Counselor P.O. Box 580 • 1060 Main Street • Blue Ball. PA 17506 - 717-354-4541 • www.bbnb.com N V Ql- 0 z w ?wj N «7 C1. W ( 7 C -1 N (7 z . F 01 z 7,+'1 O? z 7 p '• a0 z E V m.- . J EF £p 6F f'" W iYi ? r Oz3 Ub¢ H ¢F £a F W H p F+7 x z of ya C) j . .1 o °c> > w a ma W.By zco dco wa p 3H 5 JJ?? ZD .3 F z z H V >, Q ? w o a OG jx 0L W ,'_ UWU 6 co C wE¢ w 6a PO z x v a Cl t + .0 4J W o Q NOU r. . • t% ! , SHERIFF'S RETURN - REGULAR % CASE NO: 1999-05459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS. FEALTMAN JACOB N ET AL CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FEALTMAN JACOB N the defendant, at 16:41 HOURS, on the 9th day of September 1999 at 4626 ENOLA ROAD NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to JOANN VARNER (MOTHER) a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answeL Docketing 1.00 Service 6.82 Affidavit .00 Surcharge 8.00 omas ine, eri 2 WENTZ,1WEAVER & KLING 09/10/999 G by pu y 5 eri Sworn and subscribed t before me this /o 1' day of w[?, 199 A.D.Ap,? otY-io` ?o?ary ,?7 SHERIFF'S RETURN - REGULAR CASE NO: 1999-05459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS. FEALTMAN JACOB N ET AL CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FEALTMAN LORIE L the defendant, at 17:17 HOURS, on the 9th day of September 1999 at 20 CARLISLE ROAD APT 3 NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to HEATHER WARNER (ROOMATE) a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's gSo ans Docketing Costs: 6.00 i/ Service 6.82 Affidavit .00 Surcharge 8.00 omas xne, erx. 0ENTZ, WEAVER && KLING by / l f/,Df'cL Sworn and subscribed o before me this /QT= day of 19A.?D. FEDERAL NATIONAL MORTGAGE ) ASSOCIATION ) VS. ) JACOB N. FEALTMAN and ) LORIE L. FEALTMAN ) PRAECIPE In the Court of Common Pleas of Cumberland County, Pa. No. 99-5459 Please enter judgment in the above captioned matter against Defendants, Jacob N. Fealtman and Lorie L. Fealtman, jointly and severally, and in favor of Plaintiff for failure to respond within ten (10) days to a Notice of Intention to File Default Judgment, in the amount set forth below, together with all costs of this proceeding and interest at the rate of 6.875% per annum from and after October 11, 1999, and for foreclosure and sale of the mortgaged property as described in Plaintiffs Complaint: Principal balance $60,452.93 Interest accrued through 10/11/99 2,311.51 Late fees 132.72 Tax escrow unpaid 445.79 Attorney fee 3.022.65 TOTAL $66,365.60 The undersigned attorney certifies that he mailed a Notice to Intention to File Default Judgment, copy attached by regular mail, on September 29, 1999, to Defendants, Jacob N. Fealtman and Lorie L. Fealtman. To: Curtis R. Long, Prothonotary Date: October 11, 1999 WENT EAVER & KLING, LLP By: Robert K. Weaver, Esquire Supreme Court I.D. #19529 132 West Main Street. New Holland, PA 17557 717-354-4456 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL NATIONAL MORTGAGE ) ASSOCIATION ) VS. ) No. 99-5459 JACOB N. FEALTMAN and ) ACTION IN MORTGAGE LORIE L.FEALTMAN ) FORECLOSURE TO: Jacob N. Fealtman 4626 Enola Road Newville, PA 17241 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE. TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone No. (717) 249-3166 or 1-800-990-9108 Date: September 29, 1999 WENTZ, WEAVER & KLING, LLP BY: Cam' Robert K. Weaver, Esquire Supreme Court No. 19529 132 West Main Street New Holland, PA 17557 Telephone No. 717-354-4456 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL NATIONAL MORTGAGE ASSOCIATION ) VS. ) No. 99-5459 1 JACOB N. FEALTMAN and ) ACTION IN MORTGAGE LORIE L. FEALTMAN ) FORECLOSURE TO: Lorie L. Fealtman 20 Carlisle Road Apartment 3 Newville, PA 17241 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone No. (717) 249-3166 or 1-800-990-9108 Date: September 29, 1999 WENTZ, VER & KLING, LLP BY: ZIA X Robert .Weaver, Esquire Supreme Court No. 19529 132 West Main Street New Holland, PA 17557 Telephone No. 717-35411456 Iy 1 _ iJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL NATIONAL MORTGAGE ASSOCIATION VS. JACOB N. FEALTMAN and LORIE L. FEALTMAN No. 99-5459 ACTION IN MORTGAGE FORECLOSURE PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONOTARY: Please withdraw the appearance of Robert K. Weaver, Esquire and Wentz, Weaver & Kling, LLP, and enter the appearance of Bradford J. Harris, Esquire and Wentz, Weaver, Kling, Good & Harris, LLP on behalf of Plaintiff, Federal National Mortgage Association in the above-captioned action. WENTZ, WEAVER & KLING, LLP By: Robert K. Weaver, Esquire Supreme Court I.D. No. 19529 132 West Main Street New Holland, PA 17557 717-354-4456 WENTZ, E VER, KLING, GOOD & HARRIS, LLP December 30, 1999 By: Bradfor J. ris. Esquire Supreme Court I.D. No. 34393 132 West Main Street New Holland, PA 17557 717-354-4456 --? ;; ,? , Office of Prothonotary of Court of Common?Pleas oF"tT?1d59SA1 ?C?Sy3?y pa,• NOTICE OF ENTRY OF JUDGMENT Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified that judgment was entered against you in this offi a 7t?oday in 19 9y_ (r) Confessed Judment Docket at #- Bank _intheamountof$??+y6•SN tz m gg )• favor of B1neB311 National _- (3), Plaintiff/s, on confession of judgment contained in a Wind,. Mote. lease, install Went Pur ase corytract or other document which you signed. ' Dated: n ` - r PROTHONOTARY To: U, I.1. J?I?J Name: r , complete 1 61 1 post .facob N. Feal than office adorn. :: 4626 Enola Road New:•,lte, PA 17241 L Defendant/s J Plaintiff must furnish to ii form In duplicate, with blank, at (1), (2), (3) 6 (e) filled in, to Prothonotary aeCom. panying document COntal0ing confession on which judgment is t0 be entered, r l f ti Office of Prothonotary of Court of Common Pleas o(f" ki!flunty Pa NOTICE OF ENTRY OF JUDGMENT f Pursuant to requirements of Penna Civil Procedural Rule #236, you are notified that judgment. was entered against you in this office today in 19 r'o (1)Confessed Judgment Docket at #_ I -- in the amount of 66.365,5( 1 t2) $_ m favor of==! ue_L71 _Na t. i.r nJ a7 . Bank (3), Plaintiff/s, on confession of judgment contained in a bond,' note, lease, installment purchase, or other document which you signed. r Dated:l PROTHONOTARY To: Name: r Complete (411 .i I aostoffice Lorie L. Fealtrnan 20 Carlisle Road Apartment 3 Newvi.lle, PA 17241 Defendants -J L Plaintiff must furnish this form In duplicate, with blanks at (1), (2), (3) i (4) filled in, to Prothonotary accom• Panying document containing confession on which judgment is to be entered. i I. f i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA FEDERAL NATIONAL MORTGAGE ASSOCIATION V. JACOB N FEALTMAN and J,ORIE L. FEALTMAN Address: 4626 Enola Road Newville PA 17241 20 Carlisle Road Apartment 3 Newville PA 17241 Judgment-Execution No. CI-99-5459 PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, against Jacob N. Fealtman and Lorie L. Fealtman, Defendants, and direct the Sheriff to levy on real property situate at 524 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania, being more particularly described in Exhibit "A", attached hereto and made a part hereof. Amount due ...................$66,365.50 V Interest accrued from 10/12/99 - 12/10/99........ 683.20 Late fees ........................ 55.30 Total $67,104.00, Plus costs , WVER & KLING, LLP Dated: December 10, 1999 WEN Robert K. Weaver, Esquire Supreme Court I.D. No. 19529 Attorney for Plaintiff 132 West Main Street New Holland, PA 17557 (717) 354-4456 11.1 I39 3129NM PL111314999:53 AM ALL THAT CERTAIN lot or tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan entitled "Subdivision for Charles L. Bear" prepared by Larry V. Neidlinger, P.E., which said Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County Plan Book 41, Page 24, as follows: BEGINNING at a point marked by an iron pin at the edge of dedicated right-of- way line of public road known and designated as Township Route T-412, said point being common corner of Lots 13 and 14 on the within mentioned plan; thence along common boundary line of Lots 13 and 14, South sixty-five (65) degrees twenty (20) minutes West, two hundred (200) feet to an iron pin at common corner of Lot 13 and 14 and in line of other lands of the grantors; thence along lands of the grantors, North twenty-four (24) degrees forty (40) minutes West, one hundred sixty (160) feet to an iron pin at the edge of a right-of-way leading from other lands of the grantors to Township Route T-412; thence along the edge of the aforesaid right-of- way, North sixty-five (65) degrees twenty (20) minutes East, two hundred (200) feet to an iron pin in the edge of dedicated right-of-way line of the aforementioned Township Route T-412; thence along the edge of dedicated right-of-way line of Township Route T-412, South twenty- four (24) degrees forty (40) minutes East, one hundred sixty (160) feet to an iron pin to the point and place of BEGINNING. CONTAINING: 32,000 square feet. BEING all of Lot No. 14 on the aforementioned subdivision plan. BEING THE SAME PREMISES which Jacob N. Fealtman, by deed dated April 24, 1991 and recorded May 1, 1991 in the Recorder's Office in and for Cumberland County, Pennsylvania in Record Book B, Volume 35, page 1092, granted and conveyed unto Jacob N. Fealtman and Lorie L. Fealtman, husband and wife. UNDER AND SUBJECT TO any restrictions or easements that may appear of record. BEING tax parcel no. (15)-05-0413-050. Exhibit "A" r t vo I 11-11599129AFF.9 PLH 17/11991:31 PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL NATIONAL MORTGAGE ) ASSOCIATION ) VS. ) No. 99-5459 JACOB N. FEALTMAN and ) ACTION IN MORTGAGE LORIE L. FEALTMAN ) FORECLOSURE AFFIDAVIT PURSUANT TO RULE 31293 Federal National Mortgage Association, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 524 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania: Name and address of owner(s) or reputed owner(s): Name Jacob N. Fealtman Lorie L. Fealtman Address (if address cannot be reasonably ascertained, please so indicate) 4626 Enola Road Newville, PA 17241 20 Carlisle Road Apartment 3 Newville, PA 17241 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Jacob N. Fealtman 4626 Enola Road Newville, PA 17241 Lorie L. Fealtman 20 Carlisle Road SI-11597It9APP. PL IVIIM 4:3e PM Apartment 3 Newville, PA 17241 3. 4. 5 6. 7 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Blue Ball National Bank, as P.O. Box 580 servicing agent for Federal Blue Ball, PA 17506 National Mortgage Association Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Blue Ball National Bank, as P.O. Box 580 servicing agent for Federal Blue Ball, PA 17506 National Mortgage Association Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Name and address of every other person who has any record lien on their property: Name Address (if address cannot be reasonably ascertained, please so indicate) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) None Name and address of every other person of whom the plaintiff has knowledge who has 31.1119 1II9AFF.ft PW I VM 433 PM any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Toni O'Donnell, Tax Collector 299 Pipeline Road Newville, PA 17241 Cumberland County Treasurer One Courthouse Square Carlisle, PA 17013-3387 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. §4904 relating to unworn falsification to authorities. FEDERAL NATIONAL MORTGAGE ASSOCIATION BY BLUE BALL NATIONAL BANK, AGENT December 10, 1999 ; k e 0 - I -r E. Mean, Colle ion Specialist 1 ! . 1 _- C ? !1 N ¢ w y L4 6 O Q .,,? N a '_' z a 1n p Z F ¢ Z F £>+ 6H Z E ¢ w > UD °O ¢ C oa FEn H ov z m ?w a > = 5 ==1 i w > E. w cam s Q w a C ¢ 0 0 M.4 CD 0 IM U Aa ?a H ?? 3 = V) uw F ¢ O wE O? 4•? U G" H O N xoarn a ¢ ¢ vu E z FU E o¢ 2 > z w l C; a H O U Z 91.11399129MM PLH 1919 911 AM FEDERAL NATIONAL MORTGAGE ASSOCIATION Vs. JACOB N. FEALTMAN and LORIE L. FEALTMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW 99-5459 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held on March 1, 2000, in the COMMISSIONER'S HEARING ROOM, SECOND FLOOR, CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA, 17013 at 10:00 A.M., prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 524 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania, 17241. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 99-5459 The names of the owners or reputed owners of this property are: Jacob N. Fealtman and Lorie L. Fealtman A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Cumberland Sheriff of the Court of 91.11292129NU PLH 12/9199912AM Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, - Civil Division, Cumberland County Court 91'11591179NOf PLN 17/U999:17 AM House, i Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. WENTZ, WEAVER & KLING, LLP Robert K. Weaver, Esquire Attorney for Plaintiff Attorney I.D. No. 19529 132 West Main Street New Holland, PA 17557 (717) 354-4456 3I-I1591129NM PLII 12IM 9dl AM ALL THAT CERTAIN lot or tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan entitled "Subdivision for Charles L. Bear" prepared by Larry V. Neidlinger, P.E., which said Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County Plan Book 41, Page 24, as follows: BEGINNING at a point marked by an iron pin at the edge of dedicated right-of- way line of public road known and designated as Township Route T-412, said point being common corner of Lots 13 and 14 on the within mentioned plan; thence along common boundary line of Lots 13 and 14, South sixty-five (65) degrees twenty (20) minutes West, two hundred (200) feet to an iron pin at common corner of Lot 13 and 14 and in line of other lands of the grantors; thence along lands of the grantors, North twenty-four (24) degrees forty (40) minutes West, one hundred sixty (160) feet to an iron pin at the edge of a right-of-way leading from other lands of the grantors to Township Route T-412; thence along the edge of the aforesaid right-of- way, North sixty-five (65) degrees twenty (20) minutes East, two hundred (200) feet to an iron pin in the edge of dedicated right-of-way line of the aforementioned Township Route T-412; thence along the edge of dedicated right-of-way line of Township Route T-412, South twenty- four (24) degrees forty (40) minutes East, one hundred sixty (160) feet to an iron pin to the point and place of BEGINNING. CONTAINING: 32,000 square feet. BEING all of Lot No. 14 on the aforementioned subdivision plan. BEING THE SAME PREMISES which Jacob N. Fealtman, by deed dated April 24, 1991 and recorded May 1, 1991 in the Recorder's Office in and for Cumberland County, Pennsylvania in Record Book B, Volume 35, page 1092, granted and conveyed unto Jacob N. Fealtman and Lorie L. Fealtman, husband and wife. UNDER AND SUBJECT TO any restrictions or easements that may appear of record. BEING tax parcel no. (15)-05-0413-050. r Federal National Mortgage Association -vs- Jacob N. Fealtman and Lorie L. Fealtman In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-5459 Civil R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 1,362.14 Posting Bills 15.00 Advertising 15.00 Law Library .50 County 1.00 Mileage 22.32 Certified Mail 3.33 Levy 15.00 Postpone Sale 20.00 Surcharge 24.00 Share of Bills 25.08 Law Journal 395.60 Patriot News 279.34 $ 2,208.31 Pd By Any 03-14-00 So answers: Sworn and subscribed to before me This -?o "dayof?Pti? i.. 1999, A.D.( ?. ' ,Prothonotary R. Thomas Kline, Sheriff BY Real Estate Deputy a-7 6i? -' y 3a7 S 61.11593119AFF, dw PL1112/W9171 PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL NATIONAL MORTGAGE ASSOCIATION ) VS. ) No. 99-5459 JACOB N. FEALTMAN and ) ACTION IN MORTGAGE LORIE L. FEALTMAN ) FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Federal National Mortgage Association, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 524 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania: Name and address of owner(s) or reputed owner(s): Name Jacob N. Fealtman Lorie L. Fealtman Address (if address cannot be reasonably ascertained, please so indicate) 4626 Enola Road Newville, PA 17241 20 Carlisle Road Apartment 3 Newville, PA 17241 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Jacob N. Fealtman 4626 Enola Road Newville, PA 17241 Lorie L. Fealtman 20 Carlisle Road E1.11193I29AFK. PLH M"416 PM Apartment 3 Newville, PA 17241 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Blue Ball National Bank, as servicing agent for Federal National Mortgage Association 4. Name and address of the last recorded holder of every mortgage of record: Name Blue Ball National Bank, as servicing agent for Federal National Mortgage Association Members 1'I Federal Credit Union P.O. Box 580 Blue Ball, PA 17506 Address (if address cannot be reasonably ascertained, please so indicate) P.O. Box 580 Blue Ball, PA 17506 5000 Louise Drive Mechanicsburg, PA 17055 Name and address of every other person who has any record lien on their property: Name Address (if address cannot be reasonably ascertained, please so indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) None Name and address of every other person of whom the plaintiff has knowledge who has 9I.I1593129AFFA ?Lit 1218M 4 38 PM any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Toni O'Donnell, Tax Collector 299 Pipeline Road Newville, PA 17241 Cumberland County Treasurer One Courthouse Square Carlisle, PA 17013-3387 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. §4904 relating to unworn falsification to authorities. FEDERAL NATIONAL MORTGAGE ASSOCIATION B BLUE BALL NATIONAL BANK, AGENT December 10, 1999 /? Lisa E. Means, Collection Specialist :, l 11.11193I29NO PU 12ISM9:52AM FEDERAL NATIONAL MORTGAGE ) IN THE COURT OF COMMON PLEAS ASSOCIATION ) CUMBERLAND COUNTY, PA VS. ) CIVIL ACTION -LAW JACOB N. FEALTMAN and ) LORIE L. FEALTMAN ) 99-5459 NOTICE OF SHERIFF' SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held on March 1, 2000, in the COMMISSIONER'S HEARING ROOM, SECOND FLOOR, CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA, 17013 at 10:00 A.M., prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 524 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania, 17241. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 99-5459 The names of the owners or reputed owners of this property are: Jacob N. Fealtman and Lorie L. Fealtman A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed tares), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Cumberland Sheriff of the Court of 11-11593129NM PLH 12111999:77 AM Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's deed is delivered. 3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, - Civil Division, Cumberland County Court 01.11591119Nar PUI ILU99911 AM House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. WENTZ, WEAVER & KLING, LLP Robert K. Weaver, Esquire Attorney for Plaintiff Attorney I.D. No. 19529 132 West Main Street New Holland, PA 17557 (717) 354-1456 91.1199 9129NW PLH 121" 9:52 AM ALL THAT CERTAIN lot or tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan entitled "Subdivision for Charles L. Bear" prepared by Larry V. Neidlinger, P.E., which said Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County Plan Book 41, Page 24, as follows: BEGINNING at a point marked by an iron pin at the edge of dedicated right-of- way line of public road known and designated as Township Route T-412, said point being common comer of Lots 13 and 14 on the within mentioned plan; thence along common boundary line of Lots 13 and 14, South sixty-five (65) degrees twenty (20) minutes West, two hundred (200) feet to an iron pin at common corner of Lot 13 and 14 and in line of other lands of the grantors; thence along lands of the grantors, North twenty-four (24) degrees forty (40) minutes West, one hundred sixty (160) feet to an iron pin at the edge of a right-of-way leading from other lands of the grantors to Township Route T-412; thence along the edge of the aforesaid right-of- way, North sixty-five (65) degrees twenty (20) minutes East, two hundred (200) feet to an iron pin in the edge of dedicated right-of-way line of the aforementioned Township Route T-412; thence along the edge of dedicated right-of-way line of Township Route T-412, South twenty- four (24) degrees forty (40) minutes East, one hundred sixty (160) feet to an iron pin to the point and place of BEGINNING. CONTAINING: 32,000 square feet. BEING all of Lot No. 14 on the aforementioned subdivision plan. BEING THE SAME PREMISES which Jacob N. Fealtman, by deed dated April 24, 1991 and recorded May 1, 1991 in the Recorder's Office in and for Cumberland County, Pennsylvania in Record Book B, Volume 35, page 1092, granted and conveyed unto Jacob N. Fealtman and Lorie L. Fealtman, husband and wife. UNDER AND SUBJECT TO any restrictions or easements that may appear of record. BEING tax parcel no. (15)-05-0413-050. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 99-5459 CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Federal National Mortgage Association PLAINTIFF(S) from Jacob N. Fealtman, 4626 Enola Rd., Newville PA 17241 and Loris L. Fealtman, 20 Carlisle Rd., Apt 3, Newville PA 17241. DEFENDANT(S) (t) You are directed to levy upon the property of the defendant(s) and to sell REal estate located at 524 Shed Rd., Newville, Lower Mifflin Twp. PA 17241. (See attached 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 property of the detendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directedto notify hinuherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,365.50 L L $.50 Interest 10/12/99 - 12/10/99 $683.20 Due Prothy $1.00 Afty's Comm % Other Costs Late fees $55.30 AttyPaid $125.62 Plaintiff Paid December 13, 1999 Curtis R. Long Date: Protho otary Civil Divisign by: REQUESTING PARTY: Deputy Name Robert K. Weaver, Esq. Address: 132 W. ain St. New Holland, PA 17557 Attorney for: Plaintiff Telephone: (717) 354-4456 Supreme Court ID No. 19529 REAL frSiAjE SAIL i'io'A' in /L 1994 the s%r li iv-vied upon the ccierdaet:; interest in the real property sltua-'U in Curnberiand County, Pa., knovin and numbered as: 5-IV' &J, on Exhibit "A" rlMd with 01;0.. w![i .4r u b f incxpura' d herein. ?u n fr J, 4;gfi"01 91130 ?•IJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL NATIONAL MORTGAGE ) ASSOCIATION ) VS. ) JACOB N. FEALTMAN and ) LORIE L. FEALTMAN ) PRAECIPE In the Court of Common Pleas of Cumberland County No. 99-5459 Please satisfy the judgment in the above matter including interest and costs paid. To: Curtis R. Long, Prothonotary Date: February 23, 2000 WENTZ, WEAVER, KLING, GOOD & HARRIS, LLP By: Brad r J. Harris, Esquire Supreme Court I.D. #34393 132 West Main Street. New Holland, PA 17557 717-354-4456 Attorney for Plaintiff h= J ct-