HomeMy WebLinkAbout04-0837IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff :
vs. : Action in Mortgage Foreclosure
:
Richard D. Foreman, Jr. and Linda J. Foreman, :
Defendants :
To: Richard D. Foreman, Jr. and Linda J. Foreman, Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney, and fding in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 IJlberty Avenue
Carlisle, PA 17013
Telephone Number: 717-249-3166
AVISO
USTED HA SIDO DEMAND.ADO EN LA CORTE. Si usted desea defendersee de las quejas
expuestas en las pfiginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que
recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar
en la Corte pot escrito sus defensas o sus objeciones 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 notiflcaci6n por cualquier dinero reclamado en al demanda o por cualquier otra queja o
compensaei6n reclamados por el Demandante, USTED PUEDE PERDER DINERO, O PROPIEDADES U
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TLENE O NO
CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABA JO
PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone Number: 717-249-3166
Adams County National Bank,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2004- ,,Pa70,o~L~R_
:
Action in Mortgage Foreclosure
Defendants
Richard D. Foreman, Jr. and
Linda J. Foreman,
COMPLAINT
AND NOW, this _~._~_ day o f /e'~ ~t'~a~')t
,2004, comes the Plaintiff,
Adams County National Bank, by its attorneys, Put'd, Eastman & Thrasher, who brings this
action in mortgage foreclosure against R/chard D. Foreman, Jr. and Linda J. Foreman,
Defendants, whereof the following is a statement:
1. The Plaintiffis Adams County National Bank, Mortgagee, a national banking
corporation organized and existing under the laws of Congress relating to national banks, with
its main office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania
17325.
2. Defendant, Richard D. Foreman, Jr., is an adult individual who resides at 386
Springfield Road, Shippensburg, Pennsylvania 17257.
3. Defendant, Linda J. Foreman, is an adult individual who resides at 12 Oakville
Road, Carlisle, Pennsylvania 17257.
4. Defendants are not in the military or naval service of the United States or its allies
within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940
and its amendments.
5. On January 16, 1996, Defendants executed and delivered a mortgage upon real
estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the
office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1300 a~
page 230, a copy of said mortgage being attached hereto and marked as Exhibit "A."
6. Said mortgage has not been assigned.
7. The real estate is described as follows:
ALL those two certain lots or parcels of land, together with the
improvements erected and constructed thereon, situate in North Newton
Township, Cumberland County, Pennsylvania, bounded and described as
follows:
Tract No. 1:
BEGINNING at a nail in the center of the public road, L. R. 21007
leading from the Rimer Highway to Oakville, said nail being seven
hundred sixty-two and one tenth (762.1) feet northwest of the North right-
of-way line of Ritner Highway; thence by said public road, North forty-
two (42) degrees forty-five (45) minutes West, a d/stance of one hundred
forty-eight and fifty-five hundredths (148.55) feet to a nail; thence along
lands now or formerly of Donald F. Van Scyoc and Beryl A. Van Scyoc,
his wife, to South forty-seven (47) degrees fifteen (15) minutes West, a
distance of one hundred sixty-eight and four tenths (168.4) feet to a post;
thence by the same, South forty-four (44) degrees East, a distance of one
hundred forty-nine and zero tenths (149.0) feet to a nail in the center of a
private driveway; thence by center of above private driveway, North forty-
six (46) degrees thirty (30) minutes East, a distance of one hundred sixty-
three and five-tenths (163.5) feet to a nail in the center of the public road,
L. R. 21007, being the intersection of these two roads and the place of
BEGINNING.
CONTAINING 0.54 acres, more or less.
Tract No. 2:
BEGINNING at a railroad spike on the southeastern comer of land
now or formerly of Harper D. Hershey, Jr., et al, on the western side of a
gravel driveway on the line of land now or formerly of Harper D. Hershey,
Jr., et al,; thence along the latter, South forty-nine (49) degrees twenty (20)
2
minutes forty-two (42) seconds West, a distance of one hundred ninety-
four and fifteen hundredths (194.15) feet to an iron pin; thence along the
same, Norfl~ forty (40) degrees thirty-one (31) minutes twenty-eight (28)
seconds West, a distance of one hundred forty-three and ninety hundredths
(143.90) feet to an iron pin; thence along the same, North forty-seven (47)
degrees eighteen (18) minutes forty-two (42) seconds East, a distance of
one hundred eighty-three and sixty-eight hundredths (183.68) feet to an
iron pin on the southern line of other land now or formerly of Doris J. Van
Scyoc; thence along the latter, South forty-four (44) degrees thirty-three
(33) minutes twenty-two (22) seconds East, a distance of one hundred fifty
and seventy-seven (150.77) feet to a railroad spike, the place of
BEGINNING.
CONTAINING 0.6384 acres, according to a subdivision for Beryl
A. Van Scyoc, by Eugene A. Hockensmith, R.S., dated September ! 1,
1979, and recorded in the Office of the Recorder of Deeds for Cumberland
County, Pennsylvania, in Plan Book 36, page 127, and being designated
and Lot No. 2 thereon.
BEING the same premises which Daniel S. Martin and Lydia W.
Martin, husband and wife, by deed dated ,1996, and
intended to be recorded contemporaneously herewith in the Recorder of
Deeds Office, Cumberland County, Pennsylvania, granted and conveyed
to R/chard D. Foreman, Jr., and Linda J. Foreman, husband and wife,
Grantors herein.
8. The said mortgage is in default in that the payment of principal mad interest, which
has become due and payable on October 16, 2003, and on the sixteenth day of each month,
has not been made, and by the terms of said mortgage, the whole of the said mortgage debt
and interest shall become due and payable forthwith.
9. The present owners of the real estate are the Defendants.
10. The amount due the mortgagee on the mortgage is computed as follows:
(a) Balance of principal
(b) Interest to February 12, 2004
(c) Late charges
(d) Attorney's commissions
TOTAL
$64,070.57
$ 2,475.18
$ 188.68
$ 5,005.09
$71,739.52
11. In accordance with provisions of Act 91 of 1983 and Act 6 of 1974, as mended,
Plaintiff has sent to Defendants Notices of Homeowners' Emergency Mortgage Assistance
and Notices of Intention to Foreclose prior to the commencement of the within proceedings.
Copies of said Notices and mailing receipts are attached hereto and marked Exhibits "B" and
"E," respectively.
WHEREFORE, Plaintiffdemands judgment against the Defendants in the sum of
$71,739.52, plus interest from February 13, 2004, at a per diem of $16.55, and any additional
late charges and costs of suit.
Respectfully submitted:
PUHL, EASTMAN & THRASHER
By:
Attorney ID Number 77071
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
4
STATE OF PENNSYLVANIA,
COUNTY OF ADAMS
Susan M. Saylor, being duly sworn according to law, does depose and say that she is
the Assistant Vice-President, Collections of Adams County National Bank, and that the facts
set forth in the foregoing complaint are true and correct to the best of her knowledge,
information and belief.
/Susan M. Saylor
Sworn to and subscribed before me
this day of/~½~ ,
2004. .
My commission expires:
5
MORTGAGE
~ ~HIS MORTGAGE CSecuri~y Instrument") is g~ven on ............................ ...............................................
19 .~. ~..... ~ .?~e mortgagor is R~r CRAI~ ~2'.~oRE~L~ ~ ~('.~. ~; ~NDA..3'... ~OR~ ~- .~: ~; ~.e ..................
~.~ ~& ...... . · , .... ~ .... which ~ or8~8 and e~fing under
theJa~ o[ ..... ;...;t~ ~C~. R:~t~;,o~ ..~r~ca, ~d whose ~dd~s is ....~....~.g. ~. ~p~ .~e~e, .......
ae~ie, ~e~naT~ania · ·
.... ....., ......... ... ......... .......... ....... ;~...,; ......... ;. ~.....; ....... ;.; ....... ( ~ ~. Bo~ow~ owes L~nd~ th~
sum of .........~7~9.;~9~R&R~.,~q.;~d;.~,tZ.~ :~. ~ed:~..; .............................. DoU~s
~.S. $ .~ ~.~Q ~ g~,. ). ~debt ~ e~denmd by ~o~ower's note dated the s~e date ~ t~ ~flty ~n~t~ment (~ote~, which
pro~d~ for ~onthly pa~en~, ~th ~e ~ debt~ ff not paid e~Her, due ~d payable on .... 2~...L~,...~..202~ ............
~ S~ty Ins~m~t se~ to Lenden (~) the ~ps~ent of ~e debt e~de~c~ by ~e ~o~ ~ ~t~t, ~d
and mod~ca~ona of the Note; (b) thepa~e~t of ~ other s~, w~h inter,t, advan~d under p~a~ph 7 to prot~ the s~ufity of this
Secuflty I~ment ~d (c) the pefform~ce of Bo~ower'S covefian~ ~d ~men~ under t~ Security In~ment ~d the Not~. For
t~s p~oae,;~o~o~ do~ he,by mo~; ~t ~d con~ to Le~d~ ~o foJlow~g d~cfib~ ~ropo~ lo,ted in ................
...~9 ~t~ ~Con;_~o~s~ip~. ~.~R~R . ....... , ................. County, Pen~yiv~ia:
. .~;" ' (~ee:attach~ Schedule ~k") · : ' ~ '
w~h h~. the ~ of '?; Oa~le ~d · · ,,;,. ~.~bur~. ..............
Pc I ' 1T257 ~, .,,~ ....
now or here~ter ap~ 0f the p~qppny ~l rcpia~mea~:~d addifiona shah ~so be covered bY tMs Sccufity Instrument. A l of the
forgoing is ~fo~d to in th~ Se~ty I~men~ ~ the "~op~." '
BORROWER CO~A~S ~at Bo~ower ~ la~y sfi~ of th~ ~tate he.by ~nveyed ~d hm the ~t t~mo~ge, ~t and
~nvey ~e Prope~y ~d ~at ,the Prop~ is~unen~m~d;ex~pt for ph~mbrm~s of record. Bo~0wef ~(~ ~nd will dfifend
T~S SECUR~ ~STRUME~ camb~s u~0~ ~on~n~ for nation8 me ~d non-~o~ c6~enahtS~ with li~t~
v~afio~ by jufiidicfi0n to couriter~ a u~0~ sc~fity ~t~ent ~b~ng ~al propc~y.
· ~IFORM COV~N~. Bo~ow~ ~d~ coven~t ~d a~ ~ follows: .
montMyPa~n~dfieugflertheNo~ ~iflth~NoteisP~d~ as~(~'F~ds~for:(a)yc~lyt~csand~scSsme~ts~h chmay
alton p~ofi}y o{er t~ ~e~ty l~ment ~ a ~'on ~ ~.~) yegly ~c~chold paymen~ or ~0uad tents on th;~ro~ny, if
~y; (c) y~ly ~r{ ~['~ope~ ~r~ pr~; (d) ~q~ly.~0ad ~ P~a ~ any; (~) yegly monga~ in~uran~
p~emiu~s, g ~y; ~d'(0 any S~ pa~bJ~ ~y Bon0wer to ~adef, in a~o~an~ with thc prOvi~ons of p~agaph 8, in lieu of thc
payment 0f m~ng~ge ~s~an~ p~:~, ~cs~. i~mS ~ ~"~¢ow Jiema. b~nder may at ~y ~e collect and hold Funds in an
~oun/n~t to cx~d thc ~ ~0~t :a.~endet for a fcd~[rela~ m0~ga~ 1o~ m~y requi~ for ao~ow~ escrow a~ount
expe~i~ 0~ futq~ ~o~ Items or o~e~e ~ ~c~rflance.~ app~able ~w. '
~e FUnds ah~l bq hem ~ ~ inStitutiOn whose dep~i~'~ ~a~ by ~ f~c{~ agent, ink--entity, or entity (including ~ndcL
ff ~ndcr~ such ~ i~tUti0n~ 0r in ~y Federa Home ~ a~:. ~deJ ih~ apply;~ Funds to pay the Bac~ow It~. ~nder
~nder pays aonoW~ inte[~it on the ~dS ~d app~cable law pe~ ~ader t~ ~e aucb a ch~. Ho~wr. Mnder ~y m~uim
PENNSYLVANIA~io~eFamiI~-Fa~nlaea~Fa~ieeacU. IFOgglN~RU~::,,~-,,.; Fom3~9
Borrower to pay a one-time charge for an indopend6n~ ~ a~s~ ~ ~ ~Tep oriihf~ce us~ by ~nder in conn~ion with this loan, units
to PaY Bo~ower ~y inter~t or e~n~'on t he~Fun~ ~ o~o~n~e~d or may ~e in writing, however, that interest sh~l be paid on
the pu~ose for which e~h d~bit to ~e Funds w~ made. ~e Fund~ ~e pledg~ as ~di~on~ security ~or ~ sums sgur~ by this Security
e~ss F~ds ~ a~ord~ with th~ mq~m~nts of app~eable law. ~ ~c ~ount of thc Funds ~eld by L~ndor at ~y time ~ not sufficient
to pay th~ E~ow It~ wh6n due, ~nd~r may so no~y Bo~ower in w~t~g. ~d, in suoh ~, B0~ow~ sh~l pay to ~nder the amount
Upon payment i~ full of ~ ~U~s S~d by i~ Secu~ty I~tment~ ~fid~r ~h~ promptly ~f~d to Bo~ower ~y Funds h~ld by
~nd~r. If, ~der p~a~aph 21, ~d~r sh~l a~ or s~U ~e Prope~y, ~nder, ~or ~o the a~u~ition or s~e of the Property, sh~l
apply any F~ds h~ld by ~der a~ the fim~ of ~q~ifion or sale ~a q~t ag~st the sums se~ by this Se~ty Inst~ment.
3. AppUeaflon o~ Ps~en~. Un ~s app~cable law pro.des othe~e, ~ ~e~ ~lv~ by ~nder under p~a~ap~ 1 ~d
4; C~es; ~ens. Bo~ow~ sh~ pay~ t~, ~s~ssm~, ~h~g~s, fm~'~d impo~fions at~b~ble to the P~Op~y w~ch may
m~er ~o~ded ~ p~agaph 2, or ~ot p~d ~ that m~er, Bo~ow~r sh~ pay them on ~ d~ctly to ~e pe~on ow~ payment.
dimly, Bo~owg sh~ promptly ~h to ~nd~ m~ip~ e~dendng the pa~n~.
Bo~ower sh~ promptly d~qh~g~ ~y hen w~gh h~ priority over this Sec~ty Imminent ~ess Bo~owrr: (a) a~s in wd~g to
the pa~nt of ~ obligation s~red by the Hen ~ a ma~er accep~ble to ~nder; ~) contes~ ~ good f~ ~e hen by, or dde~s ag~t
e~o~ment of thilien in, leg~ pr~cd~ which ~ ~ Mnd~rt op~on operate to prevent the enforcement of the H~; or (v) s~cums
from ~e holder of the Hen ~ a~ement sat~faao~ to ~der subo~a~g thc ~en to ~s S~ufity ~tmment. H ~nd~
that ~y p~ of the Prop~ h subjea to a lien w~oh may att~n priority owr t~ S~ty Imtmmeni, ~nd~ may ~ve Bo~ow~r a
noti~ iden~ng ~ hen. Bo~ower sh~sa~y the Hen or t~e on~ or mom of ~e actions sd fo~h above ~thin 10 days of the ~ng of
5. Hszard or Pr°P~ ~S~nc~. Bo~ow~ sh~ keep.~c improvements now e~t~g or h~t~r ~ected on ~* pro.ny
ag~nst loss by f~, ~s in~ud~ ~n ~e t~m "~t~ded coverage' ~d ~y o~er h~s, ~vlud~g floods or flooding, for whioh
~nder r~s imur~. ~ ~ s~ ~ m~nt~n~ ~ ~e ~o~ and for ~e periods ~at ~nder mquk~. ~e insur~
~er pro~d~g the i~uranoe sh~ be chosen by Bo~ower subje~ to Mnder'~ approv~ w~ shall not be u~e~onably wi~ld.
Bo~ower f~ to m~t~ cov~age desofi~ above, ~nder may, a ~nder's option, obt~ oove~ to protect ~nd~r's rights h thg
Pmpe~ in ~ord~ with p~a~aph 7.
~ght to hold th~ po~i~ ~d renewS, H ~nder ~s, Bo~ower sh~ promptly ~ve to ~nder ~ re~ip~ of P~d pre~
~hew~ noti~s. In thy event of loss, Bo~ower sh~l ~ve prompt nofi~ t o the ~r~c* ~er ~d ~ndcr. ~nd~r may m~e proof of lo~
ff not made promptly by Bo~owvr.
Ual~s-~ndvr and Bo~ower othe~ a~ ~ ~g, ~ pro~ds sh~ ~ app~d to ~torafion or repair of the Property
d~aged, ~ th~ wstoraion or mp~ h e~ono~g~y fe~iblo ~d ~nder's s~ty h not less~ned. H th~ restoration or mp~r ~ not
econo~ca~y legible or ~nder's s~fi~ wo~d be lesse~, the ~ pro~s ih~l be app~d to ~c sins s~r~ by ~ S~ty
~tmment, whet~r or not then due, ~ ~y ex.ss p~d to Bo~ow~. HBo~ow~ ab~dom th~ Pro~, or does not ~wer ~n 30
days a nod~ from ~ndg ~at th~ ins~an~ o~er h~ offe~d to seflle a ~,/h~n ~nder may coH~ ~e im~ proc~s. ~ndor
may use the pro~s to ~pak or ~am ~ Pro~y or to pay s~s s~r~ by t~ S~ty ~ent, wh~h~ or not then due.
3~ay period ~ ~ wh~ ~ nofi~ h
U~s ~nder ~d Bo~ower othe~e a~ ~ ~g, ~y sppH~gon ofpro~s to pfin~pd ah~ not ~end or postpone ~e due
a~sifion sh~ p~ to ~nd~ w ~ ext~t of ~ s~ ~ by ~ S~ty ~ent ~iately prior to ~e a~don.
~. Oe~cy~ ~sflon, M~t~ce ~d ~ot~on of~:~O~; Bo~ow~ ~ AppH~flon; ~hol~. Bo~ow~ sh
o~py, establish, ~d ~e the Prope~y ~ Bo~ower~a p~Spfl msM~ ~n ~ty days ~t~ the ~e~fion of t~s Security Inst~ent
~d s~ tongue to ~upy ~e Prope~ ~ Bo~w~ p~p~ ~siden~ for at Ic~t onv y~ ~I~ the date of oo~p~cy, u~e~ ~nder
oth~ise age,in wring, w~ch oons~t sh~ not be u~o~bly ~/~eld~ or ~ess e~ua~g ~tan~s e~t w~oh ~ beyond
Bo~ower's conffol, Bo~ower shah not d~ffoy, d~a~ or ~p~ ~e Prop~y, ~ow ~e ~ope~y to d~efioiae, or ~m~t w~te on
~Pro~y. Bo~ower sh~ ~ ~ defa~t ff ~y forfeiture ~on orpro~g, whet~r oi~ or ~, ~ bv~ ~at in ~nd~'s good f~th
judgment void result ~ forfeiture of the Pro.ny or o~e~e ma~fi~y imp~ the ~en cma~d by t~s Security Ins~ent or
ae~fi~ interest. Boxcar maY o~e such a draft ~d m~tate, ~ pr~d~ h ~agaph 1 fl, by oam~g the a~oa,0r prolog to
dh~ssed ~th a ~gthlt, in ~der's good f~th de~afio~.pr~ludes foffgtur~ o~ ~ Bo~ower'i ~r~t ~ the~ro~ny or other
pr~lde ~nder with ~y m~fi~ ~o~atlon) ~ ~o~e~n ~ th~ lo~ ~d~noed by t~ Note, including, but not hmi~d to,
mp~sentafiom co~ce~g Bo~ower's o~pan~ of ~ ~openy ~ a p~dpfl r~d~ If ~s Security lm~ment is on a le~ehold,
Bo~ower sh~l comply wi~ ~ the pro~iom of the l~e. HBq~ower acq~r~ fee tire to the Property, the le~ehold ~d ~ f~ title shall
not mer~ u~ess ~der a~es to the merit ~ ~g: ,-
7. Prote~on ~Lmd~'s Righ~ ~ ~e Prope~. IfBo~ower f~ io p~o~ ~e coven~ and a~men~ ~ont~ed
I~t, or ~8~ ~ a leg~ pro~g ~at may si~y ~ ~nder} ~ in ~e Prope~ (s~h ~ a pro~ing ~ b~uptcy,
probate, for condemna~on or fo~m~ or to e~or~ ia~ or ~afio~), th~ Lender may do ~d pay for wha~ve~
Any ~ounts d~bursed by ~der ~d~ t~ p~a~aph 7 sh~ b~ome ~di~onal d~bt of Bo~ower secured by this S~ty
I~ment U~ess Boxcar and ~nd~r te~ o~a~t, ~h~e ~oun~ sh~ ~inle~st from ~e date of d sbu~ement
at the Note ra~ and sh~ be payab ,, ~ ,n~ ~po~ fr~ ~nder to Bo~ow~r ~s~ pa~ent.
Bo~ower sh~l pay ~e p~ums r~:io ~.~ ~dg~'l~e, m effea, fi, for any ~on, the mo~ga~
cov~ag~ ~quir~d by ~nder lapses or c~i to be'~ ~a, Bo~ s~ pay ~ p~ms r~ to ob~n 8owr~ subst~fi~y
/n~utancea . previously, in effect, fr o~n~.. ~ ~' :a~al[ ~b~. ..~h~r a~toved by. ~nder , I hst~tiaHy ~uivfl~t moP.ge, imur~
'd~ilgi~ ~'~°unt ~d for tho pen od that ~der ~q~s) pro~d~ by ~ ~r appro~d by ~d :r ag~ b~o m~ av~able and
~ O~er s~ pay the p~u~ ~q~d to m~t~ mo~ff~ ~ ~ ~c~ o~ to provid~ a loss rcse~c until
~'~i~ ~ur~& ~6Q~i~ ~ ~ ~y ~tt~ ~mt ~ Bo~o~ ~d ~nder or appllcablc law.
noa~ ~ o~or pd0r'~i~ ~0n'spe~g ~onable cam~ for ~ ~on.
lQ. con~n. ~c p~c~s of ~y awed or cl~m for d~g~, d~ or com~u~fi~, ~ connection with any condemnation
the ~o~t of th~ pro~s mul~p~d by ~e fo~o~g ~o~: (a)~ tot~ ~o~m of the s~ s~u~d ~mediately ~fo~ thc t~g,
pa~ t~g of t~ ~ope~y in w~ch the f~ m~ket vffiue of tho ~ope~y ~edia~ly b~o~ the t~ h lesa th~
Uffiess ~r ~d Bo~ow~ oth~se a~ ~ ~g, ~y app~on of pro.ds to p~cipd s~ not extend or postpom thc due
~ ~ ~ew~g ~y d~t or rem~y sh~ not be a W~ver of or p~l~e ~ ~whe ~ ~y fi~ or ~y,
12. Suze~ ~d ~ Bound; .Jolt and Sev~l ~ab~ C~l~. ~e cov~ ~d ~men~ of t~ Sec~ty
te~ of t~ Se~ ~st~t; ~) h not p~on~y ob~d to pay the s~ se~d.by ~ S~ty Imminent; ~d (c) a~ tha~
13. Lo~ Ch~m. If the 1o~ sc~d by ~ Sec~ ~mm~t h subj~ to alaw which s~s m~um lo~ ch~ ~ ~a~ law is
Bo~ower d~mcs by ~fi~ ~o L~d~. ~y no~ to ~n~cr s~ be ~vcn by ~t elms mffi to ~nder's ~d~s sta~d hc~in or
other add~ss L~nder d~i~at~ by no~ce to Bo~o~, ~y n06~ pio~ed for in t~ S~d~ Ins~mem sh~l M deemed to ha~ M~n
~ to Bo~o~ or ~nder when ~wn ~ pro~d~ ~ ~ p~ph.
1~. Gov~nin[ Law; Sev~bl~i ~ S~fity ~cm s~ ~ go~d by f~e~ law'~d the law of the j~i~on
To ~ ~d tM pro.iota d ~ S~ty Im~n~ ~ ~e'N0te ~ decl~ to bc sev~able,
~e~d (or.ff a ~cfici~ ~tc~it ~ Bo~o~ ~'~01d gt ~ ~ BO~dW~ ~ not a ~mr~ ~e~on) withou~ ~nd~r's prior
t~ op~on'sh~ not ~ dxe~e~ by ~ndcr ~ e~ h prO~bit~ by ~edcr~'iaw O'of'~e da~ of ~s S~ufity Imt~ent.
18. Be~ow~ Rilht to R~te~ ~Bo~ower ~e~ ~ff~on~o~, Bo~w~sh~l have thc ~ht to have e~or~t of t~
Security Im~nt dhcSn~n~d at any ti~ p~or t0 ~e t~fi~ of:'(a) ~ d~ (o~,~ other pefi~ ~ appficable law may s~cKy for
paymeati should be made. ~e nbti~ ~11 ~o cont~ ~ ~ ~6~on,.. ~;~. ~d by applic~bl~ law.
20. Hazardous Substances. Borrower shall nor ca~s~' or permit ~t~r~en~, usc; ~pos~, storage, or ~l~e 0f any H~ardous
~y En~ronment~ Law. ~c pr~ed~g ~wo s~ntences shall not applyio th~ p~s~ ~ or ztora~ on'the Pmpe~y of sm~l quantities of
or ~lato~ a~ncy orp~vate.p~yinvolv~g t~ Pro~e~y and ~y' Haz~0~ Subst~ce or E~ronmental Mw of which Bo~ower h~
~t~ ~owled~, If ~o~r I~ or~ ~o~ed,by ~'gove~tfil or~e~lato~ autho~ty, t~at any r~ov~'or other ~m~iation of
A~ used m th~ p~gr~ph 20. H~O~ Su~t~ ~e Zho~ sub~anc~ ~flea ~ toxic or h~dou~ ~st~c~ b~
Environmental Law ~d t~ fallo~g ~bstah~: gasgline;'k~r6~e~e, o~e~ flammable or toxic pitr~leu~ produ~s, toxic p~ticides and
"Environmenl~ Law" metz Iederfl la~ ~d l~s of the ~ufisfli~io~ where the Prop~y ~ loeatefl ~at relate ~o health, s~ety or
NON-~IFORM ~N~. Bb~ow~ and ~ndef~u~her'eo~en~t ~d~ ~ follows:
or s~eem~i ~ tfi~ Se~udtI l~ment ~t not prioff to ac~raflan u~der p~g~ph 17 anl~ sppll~ble law pro.des oth*rwise).
Lende~ shall notify Bo~ower of, amung*~ ~tngs: (s) the default; ~) the a~on r~uired to cure the d~ult; (e) when the d~ault must
force osure by lu&~ proceM~g ~d sfl~ of the ~op~. Leng~-sh~ fu~h~ ~orm Bo~ower of the right m reinstate '~er
~ Adjustable Rate ~der ~ Condo~ium ~d~r ~ 14 F~ly ~der
ALL THOSE TWO cERTAIN' lots or parcels of land, together with the improvements
er~ted and consUucted thereon, situate in North Newton Township, Cumberland County,
Pannsylvania, bounded and described as follows:
TRACT NO. 1:
BEGINNING at a n~il in the center of the publin road, L. R. 21007 leading from the
Rimer Highway to Oakville, said nail being seven hundred sixty-two and one tenth (762.1) foot
northwest of the North right-of-way linfi of Ritoer Highway;, thence by said public road, North
forty-two (42) degrees fowT-five (45) minutes West, a distance of one hundred forty-eight and
fifly-flv~ hundredths (148.55) feet to a nail; thance aiunglands now or formerly ofDooald F. Van
S~,oc and Be~71 A. Van Scyoc, his wife, South forty~s~van (47) degrees fifteen (15) minutes
West, a distance of one hundred skxty-aight and four tenths (168.4) feet to a post; thance by the
same, South forty-four (44) degrees East, a distance of one hundred forty-dine and zexo tenths
(149.0) feet to a nail in the center of a private driveway; thance by c~oter of abova private
driveway, North forty-six (46) degrees thirty (30) minutes East, a distance of one hundred s'vay-
thres and five tenths (163.5) feet to a nail in tho center of the public roM, L. R. 21007, being tho
intersection of these two roads and the place of BEGINNING.
CONTAI~IIq'G 0.54 acres, moro or less,
TRACT NO. 2:
BEGINKING at a raih-oad sp'~e on the southeastern comer o£hnd now or formerly of
Harper D. Her~ey, Jr., et al, on the western side of a gravel driveway on the line of land now or
formerly of Harper D. Hershey, Ir., et ~I,; thence along the latter, South forty-nMe (49) desrees
twenty (20) minutes foccy-two (42) aec6nds West, a d/stance of one hundred ninety-four and
fL,%~ imndredths (194.15) feet tO an iron pla; thence along the ~me, North forty (40) del~'eea
thirty-oee 0 l) minutes tw~ty~ight (28) seeor~ WeX~ a dimace of one hundred forty-three and
ninety hundredths (143.90) ~'t to an iron pin; thance along the ~ame, North forty-sevan (47)
degr~e~ ~ighteea (18) minutes forty-two (42) s~cond~ East, a distan~ of one hundred eJghty-
tl~ree and ~xty-oight hundredths (183.68) feet to an iron pin on the southern liun of other land
now or formerly of Doris $. Van $cyoc; thence along the latter, South forty-four (44) degrees
thirty-thre~ (33) minute~ twenty-two (22) seconds East, a distaane of one hundred fu~y and
seventy-soven (150.7~) f~_,t to a milroed spike, the place of BEGINNING.
CONTAINING 0.~38~1 acre~, according to a subdivision for Beo, l A~ Van $cyoc, by
Eugene A_ Ho~,mltl~ I~S., dated $cpten~ber 11, 1979, and recorded.in the Offive of the
Recorder of Deeds for Cumb~land County, Pcm~sylvenia, in Plen Book 36, page 127, and being
designated and Lot l~e. 2 thereon.
BEING the sarao pr~es wlfioh D~niel S. Martin and Lydia W. Mert~ husband and
wife, by deed d~ted ,1996, and intended to be recorded ooatemporeneously
herewith in thc l~order of De~ls Office, Cumberland Couaq, Pennsylv~ granted end
conveyed to Richard D. Foremsn..Ir,, and Linda $, Foreman. husband and wife, Grantors her~in.
SCHEDULE
Date: December 17. 2003
ACT 91/6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This/s an official notice that the mort~aae on your home is/n default, and the lender intends to foreclose. Soeciflc information
about the nature of the default is vrovided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home.
This Notice explains how the prom works.
To see ifHEMAP eau help. you must MEET WITH A CONSUIvIER CREDIT CoI_rNSELING AGENCY ~ 30
DAYS OF TI-IE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling
Agency.
The name, address and phone number of Consumer Credit Counselin~ A~encies servin£ your CounW are listed at the end of this
Notice. If you have any questions, you mev call the pennsvlvanla Housin~ Finance Agency toll free at 1-800-342-2397. (Persons with
impaired hearing can call (717) 780-1869).
This Notice contsina important legal information. If you have any questions, representatives at the
Consumer Credit Counseling agency my be able to help exp~aln it. You may also w~nt to contact an
attorney in your area. The local bar association may be able to help yon find a lawyer
LA NOTIFICACION EN ADJUNTO ES DE SLrMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONT1NUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY)
SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HII'OTECA.
HOMEOWNER'S NAME(S): Richard D. Foreman, Jr.
PROPTERY ADDRESS: 12 Oakvlile Road, Shinoe~sbur~ PA 17257
LOAN ACCOUNT NO.: 7455909
ORIGINAL LENDER: Farmers National Bank of Newville
CURRENT LENDER/SERVICER: Adams Coun~ National Bank
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND RELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 fl'HE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
· IF YOU MEET OTRER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY Cfr FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the dam of this Notice. During that time you must arrange and attend a "face-to-face" meeting with
one of the consumer credit counseling agencies lismd at th~ end of~ Notice. 'J'HIR MEETING MUST OCCWR ~ THE
NEXT (30/DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO ~ YOUR MORTGAGE DEFAULT",
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE,
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed
at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this mceOng. The names,
addresses and telephone numbers ofdesimaated consumer credit counselin~ agencies for the county/n which the property is lo~ated are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face useeti~g, Advise your lender immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the masons set forth later in th/s Notice
(see following pages for specific information about the nature of your default.) If you have ~ried and are ~mahle to resolve this problem
with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Progren~
To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Apphcatian with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have
apphoations for the program and they will ass/st you in submitting a complete apphcation to the Pennsylv~,i~ Housing Finance
Agency. Your application MUST be filed or postmarked w~thln tllJrty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW
THE OTHER TIME PERIODS SET FORTH IN TH f,~ LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR
HOME 12MMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision at~ it receives your application. During that time, no foreclosure proceedings will be pursued agalmt you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Homing Finance Agency of its decision on
your appll~tion.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY TIt.E FILING OF A PEIITION IN BANKRUFI~CY, TIlE
FOLLOWING PART OF Tills NOTICE IS FOR INFORMATION PURPOSES O/%"LY AND SHOULD NOT BE
CONSIDERED AS ~ ATTEMPT TO COLLECT TIlE DEBT.
(If you have ~ed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uo to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
12 OMofille Road, Sh/ppcnaburg, North Newton Townshin, Cumberland County, PA
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE ?AYIvlENTS for the following months and the following amounts are now
past due:
Monthly payments of $631.25 due for October, November lind December 2003. plus past due charges of $125.56
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $2,019.31
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use ffnot apt)licable):
HOW TO CURE Tl:~ DEFAULT - You may cure the default within T~IIRTY (30) DAYS of the date of this notice BY PAYING
TI~ TOTAL AMOUNT PAST DUE TO ~ LENDEi~ WHICH IS $ 2.019.31, PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DUE DUR/NG TI~ THIRTY (30) DAY PER/OD. Payments must be made either by cask
cashier's check certified check or money order made navable and sent to:
ADAMS COUNTY NATIONAL BANK
P.O. Box 3129
Gettysburg, PA 17325
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not
applicable.)
IF YOU DO NOT CURE ~l'li/~ DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice,
the lender intends to exercise its rights to accelerate the mort2aze debt This means that the entire outstanding balance of this debt
will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. /f ful/payment of the
total amount past due is not made within TH~TY (30) DAYS, the lender also intends to ~usm~ct its attorneys to s~n't legal action to
foreclose noon your mortua~ed orooertv,
IF 'rile MORTGAGE IS FORECLOSED UPON - The mortgaged proper~ will be sold by the Sheriff to pay off the mortgage
debt If the lender refers your case to its attorneys, but you cure the delinqnancy before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorney's fees fl~at were actnal/y incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they
exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs.
you cure the default within the THRTY (30) DAY oerlod, you will not be required to oar attorney's fees.
OTI~ER LENDER REMEDIES - The lender may also sue you persoaal/y for the unpaid principal balance and a/1 other sums due
under the mortgage.
RIGHT TO CURE 'i'flE DEFAULT PRIOR TO SH~R~I~"S SALE - If you have not cured the default within the THRITY (30)
DAY period and foreclosure proceedings have begun, you still have the right to cure the default and orevent the sale at any time up to
one hour before the Sheriff's Sale. You may do so by caving the total amount then past due. vlus any late or other charges thee due,
reasonable attorney's fees and costs connected witkthe foreclosure sale anti any other costs couneeted with the Sheriff's Sale as
specified in writing by the lender and by pefformin~ any other requirements ueder the mortgage. Curing your default in [he m~nner
set forth in this notice will restore your mortgage to the same position as ffyou had never defaulted.
EARLIEST POSSIBLE SH3ERIFF'S SALE DATE - It is es~mated that the earliest date that such a Sher~s Sale of the mortgaged
property could be held would be apprwrlmately 3 months from the date of this Notice. A notice of thc actual date of the
Sher~s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by contacting the lander.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Adams CounW National Bank
PO Box 3129
GetWsbur~, PA 17325
(717) 776-5312
(717~ 776-4855
Carolyn H. Kou£h
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sher~s Sale, a lawsuit to remove you a~t your furnishings and
other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or mmsferee who will assume the mortgage
debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requ/rements of the mortgage are satisfied.
· TOSELLTHEPROPERTYTOOBTAINMONEYTOPAYOFFTHEMORTGAGEDEBTORTOBORROWMONEY
PROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY Ac'r~G ON YOUR BEHAL~
· TO HAVE TH~ MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURREd, IF YOU
CURE THE DEFAULT. (HOWEVEP,~ YOU DO NOT HAVE THIS RIG~IT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES INANY CALENDAR YEAtL)
· TO ASSERT T/-IE NONEXISTENCE OF A DEFAULT IN ANY FORECLDSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE I~3qDEtL
· TO SEEK PROTECTION UNDER ~ FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOM~EOWNER'S EMERGENCY MORTGAGE ASS/STANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
F.~X (717) 637-3294
Consumer Credit Counseling Service of Western PA
2000 L'mglestown Road
Hanisburg, PA 17102
(717) 541-1757
(717) 5414670
Financial Counseling Services of Franklin
31 West 3~ Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle S~eet
Gettysburg, PA 17325
717) 334-1518
FAX (717) 334-8326
YORK COUNTY
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 5414670
Housing Counoil of York
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
Consumer Credit Counseling Service of Western PA
2000 L'mglestown Road
Harrisburg, PA 17102
(717) 541-1757
Consumer Credit Counseling Sexvice of Western PA
970 South George Street
York, PA 17403
(717) 846~4176
CUMBERLAND COUNTY
Financial Counseling Services of Franldin
31 West 3ra S/re. et
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle Urban League of Metropolitan Hurrisburg
301 G Street 25 North Front Street
Carlisle, PA 17013 Harrisburg, FA 17101
(717) 243-3818 (717) 234-5925
FAX (717) 243-3948 FAX (717) 2324985
*Copies also mailed first class to 386 Springfield Road, Shlppensburg, PA 17257
ACT 91/6 NOTICE
Date: December 17, 2003
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
Th/s is an official nofioc that the mortgage on Your home is in default, end the lender intends to foreclose. Specific/nformation
about the nature of the default is vrovided in the attached pa~es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save Your home.
This Notice expMin~ how the program works.
To see ffHEMAP can help, You must lVIEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF TI--~S NOT/CE. Take rids No//ce with you when you meet with the Counseling
Agency.
The name, address and rhone number of Consumer Credit Counseling Agencies serv~n~ vons County are listed at the cad of this
No,ice. If you have any questions, You may call the Pcausvlva~a HousLu~ Finance Agcacv toll free at 1-800-342-2397. (Persons with
impaired hearing cen call (717) 780-1869),
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling agency may be able to help explain lt. Yon may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer
LA NOTIFICACION EN AD JUNTO ES DE SUMA EVIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION LM3~DLATAMENTE LLAM_a2~DA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY)
SIN CARGOS AL NUMERO MENCIONADO ARRIBA. pLrEDES SER ELEGIBLE PARA UN PRESTAMO ]'OR EL
PROGRAMA LLAMADO "HOMEOWNER'S E.M~RGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERD]DA DEL DERECHO A REDLMIR SU H~OTECA.
HOMEOWNER'S NAME(S): Lthda J. Foreman
PROPTERY ADDRESS: 12 Oakville Road, Shtooensburg, PA 17257
LOAN ACCOUNT NO.: 7455909
ORIGINAL LENDER: Farmers National Bank of Newville
CURRENT LENDER/SERVICER: Adams County National Bank
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY V~ fl'a THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CH~CUMSTANCES BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
· IF YOU MEET O't'Ht~R ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foraclesure on your
mortgage for thirty (30) days from the date of ~ Notice. Durhag that time you must arrange and all, end a "face-to-face" meeting with
one of the consumer cretht counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN TRE
NEXT (30) DAYS. EF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRIIqG YOUR
MORTGAGE UP TO DATE. THE PART OF TH~$ NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT",
EXPLA]]qs HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGF~CLES - If you meet w/th one of the consumer credit counseling agencies I/ated
at the end of this notice, the lender may NOT take action against you for thirty (30) days aider the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit vounselin~ a~eneies for the eotmt~ ha which the property is located are
set.forth at the end of this Notice. It is only necessary ~ schedule one face-to-face meeting. Advise your lender immediately of your
hatentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth lam' ha t~s Notice
(see following pages for specific/nformation about the nature o£ your default.) If you have hied and are unable to resolve this problem
with the lender, you have the right to apply for finaneiaJ assistance from the Homeowner's Emergency Mortgage Assistance Program.
To do so, you must ~1 out, sign end fro a completed Homeowner's Emergency Assistance Program Appl~cation with one of the
designated consumer uredit eouuseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have
applications for the program end they will assist you ha submitting a conapleta at~Plication to the Pennsylvaula Housing F~n~nce
Agensy. Your application MUST be fried or postmarked wltt~ thir/y (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. I~ YOU FAIL TO DO SO OR IF YOU DO NOT ]FOLLOW
'tHE OTHER TIME PERIODS SET FORTH IN '!'~4 ~,q LE'iTP_.,R, FORECLOSURE MAY PROCEED AGAINST YOUR
HOME HVIMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibSity trim.ia established by the A~t. The Penusylven~a Housing Finance Agency has sixty (60) days to make a
decision after it receives your application~ During that time, no foreclosure proceed~gs will be pursued against you if you have met
the time requirements set forth above. You will be noli~ed diracfly by the Pennsylvania Housing Finnnee Agency of its desision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, Tile
FOLLOWING PART OF THI~ NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT fBrin~, it uo to date).
NATLrRE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
12 Oalarille Road, Skivvensbur~, North Newton Townsh/p, Cumberland Count~, PA
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTI-ILY MORTGAGE PAYMEI~S for the following montbs and the following emomats are now
past due:
Monthly payments of $631.25 due for October, November and December 2003. plus past due char~es of $125.56
Other charges (explain/itemize):
TOTAL AMOL~N'T PAST DUE: $2,019.31
B. YOU HAVE FA rLI~,D TO TAKE TIlE FOLLOWING ACTION(Do not use if not avplicable'l:
HOW TO CURE THE DEFAULT - You may cum the default within TI-In[TY (30) DAYS of the date of th/s notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDEP~ WHICH IS $ 2,019.31. PLUS ANY MORTOAOE PAYMENTS AND
LATE CHARGES V/II/CH BECOME DUE DURING Tt~ THIRTY (30) DAY PER/OD. Payments must be made either by case
cashier's check, certified check or money order made oavable and font m:
.ADAMS COUNTY NATIONAL BANK
P.O. Box ~ 129
GetWsburg, PA 17325
You can cure any other default by taking the following action within TH/RTY i30) DAYS of the date of this letter: (Do not ,,se ff not
applicable.)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the defiaflt within TH/RTY (30) DAYS of the date of this Notice,
the lender intends to exercise im rights to accelerate the mortea~e debt. This means that the entire outstaudln£ balance of this debt
will be considered due ~mmediately and you may lose the chance to pay the mortgage in monthly installments. If full paymeet of the
total amount past due is not made within 'IT-IIRTY (30) DAYS, the lander also intends to insmact its a'aomeys m start legal action tv
foreclose uoon your mortgaged orooertv.
IF ]'HE MORTGAGE IS FORECLOSED UPON- The mortgaged property w/Il be sold by the Sheriff to pay off the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before the leader begins legal proceedings against
you, you w/il stil/be required to pay the reasonable attorney's fees that were actually incun'ed, up to $50.00. However, fflegal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ff they
exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable 0osts. If
you cure the default within the THRTY (30) DAY oeriod, yen will not be retmired to oar attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGH'£ TO CURE THE DEFAULT PRIOR TO SHER.I~'F'S SALE - If you have not cured the default w~h~n the THRITY (30)
DAY period and foreclosure proceedings have begun, you still have the fight to cure the default and prevent the sale at any time up to
one hour before the SheHfPs Sale. You may do so bY paving the total amount then vast due. plus any late or other charges the~ due,
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Shea'iff's Sale as
specified in writing by the lender and by performing any other rex~uimments under the mortgage. Curing your default in the manner
set forth in this notice will restore your mortgage to the same position es if you had never defaulted.
EARLIEST POSSIBLE SHEBJ2'F'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged
property could be held wouJd be eppro~imstely 3 months from the date of this Notice. A notice of the actual date of the
Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exasfly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Nzme of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Adams County National Bank
PO Box 3129
Gettvsbur£, PA 17325
(717) 776-5312
(717) 776-4855
Carolyn H.
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and
ybur right to occupy it If you continue to live in the property after the Sheri~ s Sale, a lawsuit to remove you and your furnishings and
other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or Waasfer your home to a buyer or ~,,msforee who will assume the mortgage
debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU IVIAY ALSO HAVE Tile RIGH'I':
* TOSELLTHEPROPERTYTOOBTAINMONEYTOPAYOFFTHEMORTGAGEDEBTORTOBORROWMONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE TH/S DEFAULT CURED BY ANY TIt[RD PARTY ACTING ON YOUR BEHALF
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS I~ NO DEFAULT HAD OCCI_rRRED, IF YOU
CU1LE TIlE DEFAULT~ (HOWEVER, YOU DO NOT HAVE THIS R/GIlT TO CURE YOUR DEFAULT MORE TtLA.N TI-IREE
TEViES IN ANY CALENDAR YEAIL)
· TOASSERTTHENONEXISTENCEOFADEFAULTINANYFORECLOSUREPROCEEDINGORANYOTI.I]~R
LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DOCUMENTS,
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
· TO SEEK PROTECTION LrNDER THE FEDERAL BANICRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCEES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
Amex/can Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Han'isburg, PA 17102
(717) 541-1757
(717) 5414670
Financial CounseLing Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762~3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA ~7325
717) 334-1518
FAX (717) 334-8326
YORK COUNTY
American Red Cross - Hanover Chapter
529 Carl/de Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of Western PA
2000 Igmglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 5414670
Housing Council of York
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
Consumer Credit Counseling Service of Western PA
2000 I..baglestown Road
Han'isburg, PA 17102
(717) 541-1757
Consumer Credit Counseling Service of Western PA
970 South George Street
York, PA 17403
(717) 8464176
CUMBEI~,AND COUNTY
F;n~.eial Counseling Services of Franklin
31 West 3~a Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle Urban League of Metropolitan Harrisburg
301 O Slreet 25 Nort:h Front Street
Carlisle, PA 17013 Harrisburg, PA 17101
(717) 243-3818 (717) 234-5925
FAX (717) 243-3948 FAX (717) 2324985
*Copies also mailed first class to 386 Springfield Road, Shippeusburg, PA 17257
12 Oakville Roa~, Shlpp~nsbur~,
.37
2.30 '
~ 1.75
~ To~lPostage&F~s i$ 4 .42
mr ~ 12 Oakwille Road
~['~;i~-~;~:a-.,~;* ............................................................... II'Sh'opensburg'l
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Fflnt your name and eddmss on the reverse
so that we can return the card to you.
· ,qttach this card to the back of the mallpiece,
or on the front if space permits.
1. Artic~ Addressed to:
Richard D. Foreman Jr.
12 Oakarille Road
Shippensburg, PA 17257
3. Service Type
J~ Certified Mall
r) Registered
Fl Insured Me~I
4. Restricted Delivery? (Extra Fee)
Article Number (Copy from service label)
Express Mail
Return Rsceipt for Memfl~mdles
C.O.D.
7099 3400 0001 4861 6781
h.llh.h,h hhLI.,Ihl,,h,,Ih,h,h J
~20akville Road. Shippensburz, PA
.m Pos,age $ .37
]20akv~lle Road
ShJppensburs, PA ]7257
· Complete items 1, 2, and 3. AJso complete
Item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
es that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permit~.
[
Linda J. Foreman
12 Oakville Road
Shippensburg, PA ]7257
2. Article Number (Copy ~m ~e labeO
PS Form3811,Juty~99
A. Received by (Pie[se Print C,~rly) Date of ~
C. S' atum
17. ·
If YES, enter, dellve~/address below; [] No
3. Servise Type
r~ Certified Mail r-I Express Mall
[] Rsgistered ~] Return Receipt for Mecchatldle~
~ Insured Mail D (;.O.D.
4. Restricted Delivery? (E~tra Fee) [] Ye~
7099 3400 0001 486] 6750
Domest~cRetumReceim
SHERIFF'S RETURN -
CASE NO: 2004-00837 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS COUNTY NATIONAL BANK
VS
FOREMAN RICHARD D JR ET AL
REGULAR
CPL. TIMOTHY REITZ ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
FOREMAN LINDA J
DEFENDANT , at 1815:00 HOURS, on the
at 12 OAKVILLE ROAD
SHIPPENSBURG, PA 17257
LINDA J FOREMAN
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
2nd day of March , 2004
by handing to
- MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
26.35
Sworn and Subscribed to before
me this 2' ~ day of
rothonotary
So Answers:
R. Thomas Kline
03/03/2004
ATION
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00837 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLJ~ND
ADAMS COUNTY NATIONAL BANK
VS
FOREM3~N RICHARD D JR ET AL
SH3~qNON SHERTZER
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
FOREMAN RICHARD D JR
DEFENDANT , at 1240:00 HOURS, on the
at 386 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
RICHARD D FOREMAN
a true and attested copy of COMPLAINT -
1st day of March
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
2004
by handing to
MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.04
Affidavit .00
Surcharge 10.00
.00
39.04
Sworn and Subscribed to before
me this ~' day of
~ ~y A.D.
~l~rothonotary ,
So Answers:
R. Thomas Kline
03/03/2004
~2DAMS COUNTY NATIONAL BANK~_~ /~
By: ~e~pu t/y~l S h~e r i ~
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff
VS.
Richard D. Foreman, Jr. and
Linda J. Foreman,
Defendants
No. 2004-837
Action of Mortgage Foreclosure
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned Action of Mortgage Foreclosure as discontinued.
Dated: April 22, 2004
PUHL EASTMAN & THRASHER
By:
Ross I:t l~ifer, Esquire
Attorney ID Number 77071
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159