HomeMy WebLinkAbout04-1502 IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
Adams County National Bank,
Plaintiff
VS.
Calvin L. Ott and Wendy L. Ott,
Defendants
No. 2oo4.-/x'o .
Action of Mortgage Foreclosure
To: Calvin L. Ott and Wendy L. Ott, 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 at~er this complaint and notice
are served, by entering a written appearance personally or by attorney and filing in writing
w/th 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIR1NG A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone Number: 717-249-3166
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
Adams County National Bank,
Plaintiff
VS.
Calvin L. Ott and Wendy L. Ott, :
Defendants :
No. 2004-
Action of Mortgage Foreclosure
To: Calvin L. Ott and Wendy L. Ott, Defendants
AVISO
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes p~iginas, debe romar acci6n
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso
radicando personalmente o por medio de un abogado una comparecencia escrita y radicando
en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en
contra suya. Se le advierte de que si usted falla de tomar accion como se describe
antefiormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero
reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el
demandante puede ser dictado en contra suya pot la Corte sin mas aviso adicional. Usted
puede perder dinero o propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A
CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFIC1NA LE PUEDA PROVEER 1NFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CALIFICAN.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone Number: 717-249-3166
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff
VS.
Calvin L. Ott and Wendy L. Ott,
Defendants
No. 2004.
Action of Mortgage Foreclosure
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, this ~'~ dayof ~1~'[ ,2004, comes Plaintiff, Adams
County National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this action in
mortgage foreclosure against Calvin L. Ott and Wendy L. Ott, Defendants, whereof the
following is a statement:
1. Plaintiff, Adams County National Bank, is 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, Calvin L. Ott, is an adult individual whose last known address is
386 Springfield Road, Shippensburg, Cumberland County, Permsylvarfia 17257.
3. Defendant, Wendy L. Ott, is an adult individual whose last known address is
12 Oakville Road, Carlisle, Cumberland County, Pennsylvania 17257.
4. Defendants are not in the military or naval service of the United States or its allies,
or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940, as amended.
5. On May 13, 2002, Defendants made, 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 1758 at
page 4536. A copy of said mortgage is attached hereto and marked as Exhibit "A". Said
mortgage is incorporated herein by reference.
6. There has been no assignment of said mortgage.
7. The real estate subject to the mortgage is described as follows:
Tract No. 1:
ALL that certain tract of mountain land now or formerly of R.G.
Himes; thence by the same, South 74 degrees East 61 perches to a stone;
thence by land now or formerly of Goerge Clever, South 19 degrees West
136 perches to stones; thence by land now or formerly of John Stamey,
North 45 degrees West 86 perches to a stone; thence by land now or
formerly of Benjamin Helm, deceased, North 29 degrees East 58 perches
to stones; thence by land now or formerly of C. Long, deceased, North 35
degrees East 44 perches to the place of BEGINNING.
CONTAINING 51 acres 70 perches, more or less.
BEING the same premises which Alice L. Monar, widow, by her
deed dated January 28, 2000, and recorded in the Recorder of Deeds in
and for Cumberland County in Record Book 216, Page 99, granted and
conveyed to Calvin L. Ott and Wendy L. Ott, husband and wife,
mortgagors herein.
Tract No. 2:
ALL that certain lot of land situate in Southampton Township,
Cumberland County, Pennsylvania more particularly bounded and
described as follows, to wit:
BEGINNING at a spike in the centerline of Legislative Route
21006 at the intersection of Legislative Route 21050; thence along
Legislative Route 21006 South eighty-seven (87) degrees, seven (7)
minutes West, one hundred fifty mad seventy-nine hundredths (150.79)
feet to another spike in the centerline of Legislative Route 21006; thence
along lands now or formerly of Lloyd Mowery, North eighty-four (84)
degrees forty-five (45) minutes East, one hundred fifty and zero
hundredths (150.00) feet to a spike in the centerline of Legislative
Route 21050; thence along the centerline of said road, South eleven (11)
degrees twenty-three (23) minutes East, one hundred eighty-three and
seventy hundredths (183.70) feet, the point and place of BEGINNING.
CONTAINING .618 acre more or less.
The above description being taken from a survey entitled
"Subdivision for Elder R. Whitmer" dated June 27, 1994, by Thomas A.
Neff, R.S.
8. The present owners of the real estate subject to the mortgage are Defendants.
9. Said mortgage is in default because the payments of principal and interest, which
have become due and payable on January 13, 2004, and on the thirteenth day of each month,
thereafter, remain due and unpaid. By the terms of said mortgage and at the option of
Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable.
10. By reason of the aforesaid default, the following amounts are due in accordance
with the terms of the mortgage:
(a) Balance o f unpaid principal $110,549.61
(b) Interest from 1/14/04 to 3/23/04 $ 2,169.62
(Plus $21.96 per diem thereafter)
(c) Late charges to 3/23/04 $ 109.12
(Plus $27,28 per month thereafter)
(d) Attorney's commissions $ 8,453.95
TOTAL $121,282,30
11. The attorney's commissions set forth above are in conformity with the mortgage
documents and Pennsylvania law and will be collected in the event ora third party purchaser
at Sheriff's Sale. If the mortgage is reinstated prior to the Sheriff's Sale, reasonable
attorney's fees will be charged based upon on legal work actually performed.
12. The Combined Notice of Delinquency, which satisfies the requirements of the
Notice of Intention to Foreclose pursuant to Act 6 of 1974 (41 P.S. §403) and the Notice of
Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P.S.
§1680.401c), as amended, has been sent to Defendants by first-class mail, postage prepaid,
and by certified mail, remm receipt requested. Copy of the Combined Notices of
Delinquency sent to Defendants are attached hereto and marked as Exhibits "B" and "C".
Said Notices are incorporated herein by reference. The Certified Mail Receipt (PS Form
3800) and Domestic Return Receipt (PS Form 3811) from the mailing of said Notices to
Defendants are attached hereto and marked as Exhibits "D" through "G". Said Receipts are
incorporated herein by reference.
13. The temporary stay provided by said Combined Notices of Delinquency has
terminated. Defendants have failed to cure the aforesaid default.
WItEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the
sum of $121,282.30, plus interest from March 24, 2004, at a per diem of $21.96, additional
late charges, costs of suit, and other charges collectible under the terms of the mortgage; for
the foreclosure and sale of the mortgaged property; and for other relief as the Court deems
appropriate.
Respectfully submitted:
PUHL, EASTMAN & THRASHER
Attorney ID Number 77071
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff
VS,
Calvin L. Ott and Wendy L. Ott, :
Defendants :
No. 2004-SU-
Action of Mortgage Foreclosure
VERIFICATION
TO COMPLAINT IN MORTGAGE FORECLOSURE
I, Susan M. Saylor, do hereby state that I am Assistant Vice President, Collections, of
Adams County National Bank, that I am authorized to make this verification, and that the
facts set forth in the foregoing Complaint in Mortgage Foreclosure are tree and correct to the
best of my knowledge, information and belief. I understand that this statement is being made
subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities.
/~usan m. Saylor / / ~
Assistant Vice President, Collections
Adams County National Bank
-- Commonwealth of P~n~j4v-nl- Space Above This l.,h:le For Recording Data --
OPEN-END MORTGAGE
This Mortgage sect=es futute advances
DATE AND PAR'fU~q. The date of this ~ottgage (Secudty ~n.qm~me~t) tS .., .M~...Y. ....... ...o...1.3...~....2.0..O..2.
a~d the pan~e~, the~ ~ and tax Menfi~ca~on o.ml~ts, if tequhed, a~e a~ follows:
MORTGAGOR:
CALVIN L OTT
WENDY L OTT
2588 SHIPPENSBURG ROAD
BIGLERVILLE PA 17307
I-Jif checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their
signatures and acknowledgments.
LENDER:
ADAMS COUNTY NATIONAL BANK
PO BOX 3129
GETTYSBURG PA 173~5
2. CONVEYANCE. For good and valuable consideration, the receiPt and sufficiency of which is
acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this
Security Inatr.meut, Mortgagor grants, barg.m% conveys and mortgages to Len~ler the following
described property:
SEE ATTACHED LEGAL DESCRIPTION
3 '~Tl~q'S ROAD
2 NElL ROAD SHIPPENSBURG Pemmylv~ni~ 17257
(Addr~s) (cie,) (zip Code)
Together with all rights, easements, appurtenances, royalti~, mineral rig~.ts, oil ~ gas rights, .crops,
timber, all diversion payments or third party payments ,.mad.e t.o crop pro~uc .e?s, all water a~l riparian
rights, wells, ditches, reservoirs, and water stock ami all existing ancO. future maprovements, s.Uuct~s..,
fixtures, and replacements that may now, or at any time in the future, be part of the real estate ae$cnoea
above (all referred to as "Property").
MAAIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrumem at
ally Olle time ~hal! not exceed $ ...,~.%.5.~..0.0..0...,.0..0 ............... This limitation of amount does not include
interest and other fees and ebnrge8 validly made pursuant to thl. Security lustmm~t. Also, this limitation
does not apply to advances ~.de under the terms of this Security I~trument to protect Lender's security
ltllCl tO perform ally of the COVenants contained ii1 this SeClll'ity [n.~tr~tmetlto
PEII~ISYLYAIIIA - AamClIL?UBALr:0MIdEIICIAt Id0RTOA;~ mT ~O~ ~ F~Ur. ~ OS VA U~. ~ ~T ml~ ~m ~u~o~.~ ~^ /pa~e ~ of ~0;
~ Ol~/~4Elarlk~'lS¥]st~lll,~PO~.,~t.~lou~JM,N FO~I~(~O.MT~i~PA 7/1~/2000 .~L~.-~ ~ __
% O~:~:'L :~r.'r, gftt
O0'O00'S!l: ~ :,T,.hZt).OIAI~ bI'trorl
.T.~O G ~(~ (~ .T..T-O ~ bIIArl~rD :E~btOEHO~
~L,t~) 'sxtogm.~sqns ~o s'~og~g~pom 'sl~t,s,~ 'suo!s~olxo ,~!.~ ll~ ptm .~oloq p~q.uo~p lq~p ~.o
o'Juop.t~ .m~po ~o (s),C.mmimg '(s)~m~oo '(Oo~ou ,bo~ .qmo~a fie ~o stm~ m:p ~ poJumo~. ~qoCI '¥
9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the
Secured Debt to be immediately due and payable upon tho creation of, or contract for the creation of, any
lien, eno~mhrance, transfer or sale of the Property. This right is subject to the restrictions imposed by
f~deral law (12 C:F.R. 591), as applicable. This covenant shall nm with the Property and ~ha11 remain ill
effect until the Secured Debt is paid in full and this Security Insw!meut is released.
10. TRtN~Iq~R OF AN INTEREST IN '1'1~ MORTGAGOR. ff Mo~gagor ~ ~ mfi~ o~ ~ a
~ ~on (s~ ~ a ~omfion or o&er organization), ~n~ my d~d i~ate pa~t if:
A. A b~fidfl ~te~ ~ MoKgagor is ~ld or ~.
C. ~ is a ~e ~ o~p of ~ than 25 ~t of ~e vo~ stock of a ~fion or
How~, ~ ~y not d~and pa~ ~ ~e ~ve ~fiom ff R is p~bit~ by ~w ~ of ~e da~
of ~s S~ ~t,
I1. ElVI1T~' WARRANTIES AND REP~ATIONS; If Mortgagor is an rarity other than a natural
person (such as a corporation or other organization), Mortgagor ~ to Leoder the following warranties
and representations which shall continue as long as the Secured Debt r~maln~ outStslading:
A. Mortgagor is duly organized and validly existing in Mortgagor's state of incorporation or
organi7ation. Mortgagor is in good standing in all states in which Mortgagor transacts business.
Mortgagor has the power and authority to own the Property and to carry on its business as now
being conducted and, as applicable, is qualified to do so in each state in which Mortgagor
operates,
B. The execution, delivery and performance of this Security Instrument by Mortgagor and the
obligations evidenced by the Secured Debt are within the power of Mortgagor, have beon duly
authorized, have received all necessary governmental approval, and will not violate any provision
of law, or order of court or governmc-utal agency.
C. Other than previomly disclosed in writing to Lender, Mortgagor has not changed its name within
the last ten years and has not used: any other trade or fictitions name. Without Lender's prior
written consent, Mortgagor does not:and will not use any other name and will pre,rye its existing
name, trade names and franchises until the Secured Debt is satisfied.
12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will ~ the Property
in good condition and make all ~l~aim that are reasonably necessary. Mortgagor ~ha!! not commit or
allow any waste, impairment, or deterioration of the Property. Mortgagor will ~ the Property free of
noxions weeds and grasses. Mortgagor agrees that the nature of the occupam-y and use will not
substantially change without Lender's prior written consent. Mortgagor will not permit any change in any
license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify
I.lmder of all d~'nanrks, procoed~s, clailns; alld actions against Mortgagor, and of any loss or damagO to
NO portion of the Property will be removed, demolished or materially altered without Lender's prior
written consent except that Mortgagor has the right to remove items of personal property comprising a
part of the Property that become worn or obsolete, provided that such personal property is replaced with
other personal property at least equal in value to the replaced personal property, free from any rifle
retention device, security agreement or other encumbrance. Such zeplacem~t of personal property will be
deemed subject to the security interest created by this Security Instrument. Mortgagor shall not partition
or subdivide the Property without Lender's prior written consent.
Lender or I.~nder's agents may, at Lender's option, enter the Property at any reasonable time for the
purpose of iz?..cc?rig the Property. Lender shall .give M.ortgagor notice .at the time_of or before an
inspection specifying a reasonable purpose for the mspecUon. Any mspectton of the Property slml be
entirely for Lender's benefit and Mortgagor wili in no way rely on Iamder's i~s~Pecti°n' tt~a~e3ot~OJ
13. AIOTliORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants
contained in this Security hstrummt, Lender may, without notice, p~form or cause them to be
performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's p~m~ or pay any amount
necessary for perform,~ce. Lender's right to pedorm for Mortgagor ~h~ll not create an obligation to
rP~srm' and Lender's failure to perform will not preclude Lender from exercising any of Lender's other
under the law or this Security [ns~meut. If any construction on the Property is discontinued or not
carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security
interest in the Property, incl-a!~g completion of the consU-uaiou.
14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor grants, bargains, and conveys to Lander as
additional security all the right, title and interest in and to any and all:
A. Existing or future leases, subleases, licanses, gua~nfies and any other va'ittan or verbal
a~a~tts for the use and occupancy of any portion of the Property, including any extemions,
renewals, modifications or substitutions of such agreements (all referred to as "I.eases").
B. Rants, issues and profits (all refen'ed to as "Rants"), including but not limited to security deposits,
mlnlr~lm rant, pe~antage re/it, add/tional rent, common area m~i~,m~ce charges, parking
charges, real estate taxes, other applicable taxes, insurance pz~Emm contributions, liquidated
d~m~ges following default, cancellation premiums, "loss of rents" insurance, guest receipts,
revanuas, royalties, proceeds, bonuses, accounts, contract fights, general intangibles, and all
fights and c]~im~ which Mortgagor may have that in any way pertsin to or am on account of the
use or occupancy of the whole or any part of the Property.
In the evant any item listed as Leases or Rants is determined to be personal property, this Secur/ty
Mortgagor will promptly provide Lender with U'ue and correct copies of all existing and future I.~ases.
Mortgagor may collect, receive, anjoy and use the Rents so long as Mortgagor is not in default. Except
for one lease period's rent, Mortgagor will not collect in advance any future Rents without Lender's prior
writtan consent. Upon default, Mortgagor will receive Rems in lrust for Lender and Mortgagor will not
commi~Sle the Rants with any other funds. Amollnts collected ~h~!! be applied at Lan~r's discretion to
payments on the Secured Debt as therein provided, to costs of rnsn~ging, protecting and preserving the
Property and to any other necessary rela~d expenses inc!-di~_g Lender's attorneys' fees and court costs.
Mortgagor agrees that this assig~rru~.et is immediately effective between the parries to this Security
Insu'umant and effective as to third parties on the recording of this Security Instrument, and this
assi~man~ will r~m~in effective until the Obligations are setisfiad. Mortgagor agrees that Lender is
mtitled to notify Mortgagor or Mortgagor's tanants to make payments of Rants due or to become due
directly to Lender after such recording. However, Lender agrees not to notify Mortgagor's umants until
Mortgagor defaults and Dmder notifies Mortgagor of the default and dem~ that M6rtgag0r and
Mortgagor's tenants pay all Rants due or to be/oma due directly to Lender. On receiving the notice of
default, Mortgagor will andorse and deliver to Lender any payments of Rents.
Mortgagor warrants that no default exists under the Leases or any applicable landlord law. Mortgagor
also agrees to mslntain, and to require the tenants to comply with, the Leases and any applicable law.
Mortgagor will promptly notify Lender of any noncompliance. If Mortgagor neglects or refuses w anforce
complim~ce with the terms of the Leases, than Lender may, at Lender's option, enforce compliance.
Mortgagor will obtain L~nder's writmn authorization before Mortgagor consants to sublet, modify,
cancel, or otherwise alter the Leases, to accept the surrender of the Property covered by such Leases
(unless the Leases so require), or to assign, compromise or enc~mher the Leases or any future Ren~s. If
Lender acts to m~sge, protect and preserve the Property, Land~r does not assume or become liable for its
m~i~tanance, depreciation, or other losses or d~m~!es, except those due to Lender's gross negligence or
imantional torts. Otherwise, Mortgagor will hold Lender harmless and indemnify Lender for any and all
liability, loss or ~m~ge tha~ Lender may incur as a consequence of the assi~mant under this section.
IS.LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to
comply with the provisions of any lease ff this Security hsWamant is on a leasebuld. If the Property
(page 4 of I0]
includes a unit in a condominium or a planned unit developmeot, Mortgagor will perform all of
Mortgager's duties under the covenants, by-laws, or regulatious of the condominiilm or planned unit
development.
16. DEFAULT, Mortgagor will be in default if any of the following occur:
A. Any party obligated on the Secured Debt fails to mske payment when due;
B. A breach of any term or covenant in this Security Instrument or any other decument executed for
the purpose of creating, securing or guarantying the Secured Debt;
C. The ~ or furnlshln~ of any verbal or wriReo representation, statement or wan'anty to Lender
that is false or incorrect m any material respect by Mortgagor or any person or entity obligated on
the Secured Debt;
D. The death, diasolution, or insolvency of, appointment of a receiver for, or application of any
debtor relief faw to, Mortgagor or any other ]~rson or entity obligated on the Secured Debt;
E. A ~ood faith belief by Lender at any ~ tiaa. t Lender is ~nseenre with ~ t.o .any ..person. or
entity obligated on the Secured Debt or that the prospect ur any payment is unpmrea or me value
of the Property is impaired; ,
F. A material adverse change in Mortgager's business lncl.udi~ ownership, m,n~gement, and
f~n~r~elal conditions, which Lender in its opinion believes impau's the value of the Property or
repayment of the Secured Debt; or
G. Any loan proceeds are used fo.r a purpose that will con/ribute .to excessive em.sion of highly
erodible land or to the conversion of wetlands to D _r~i_uce an agricultural commomty, as further
explained in 7 C.F.R. Part 1940, Subpart G, Exhibit ivl.
17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide
Mortgagor with notice of the right to cure or .o~ther notices and may establish time schedules for
foreclosure actions. Subject to these limitations, if any, Lender may accel .er?e the Secured Debt and
foreclose this Security Instrument in a m~nner provided by law if Mortgagor is .m default. . .
.At the o tiun o.f ? any p? of..the c tes , interest, and prm pal
eecome ~mmediar~ly olle anapayeDle, al~er giving notice 1~ requlreo oy law, upon me ooxurence ur a
default or anytime thereafter. In addition, Lender shall be entitled th al/the remedies provided by law, the
terms of the Secured Debt, this Security ~ and any related d~.. ~ts. All remedies are distinct,
cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity,
whether or not expressly set forth, The. acceptance by Lender of any sum in payment or p..a.rtial payment
on the Secured Debt after the balance .,m. due or is accelerated or after foreclosure proceedings are filed
.~h~]l not constitute a waiver of Lender s right to require comPlete cure of _~,_y existing default. By not
exercising any remedy on Mortgager's default, Lender does not waive Lender s right to later consider the
event a default if it continues or happens again
18. EXPI~SES; ADVANCES ON COVENANTS; ATTORNEYS' ~; COLLECTION COSTS.
Except when prohibited by law, Mortgagor agrees to pal( all of Lender s expenses if Mortgagor breaches
any covenant in this Sec~it~ Instrument. Mortgagor w/ii also pa~, o..n de~m,nd any .a~_ unt. ~ by
Lender for insuring, inspecting, preserving or otherwise prote~ting me Pro.~Ct~. and Lentler s security
interest. These expenses will bear interest from the date of the payment until paid in full at the highest
interest rate in effect as provided in the terms of .the Secured .De§t: Mort~a§.or. agrees w pay. all costs
expenses incurred by Lender il~ coliectmg., enforcing o.r prot ..e.c.tm.~..Lenaer s rights ~ remedies under this.
Security lnstrmnent. This amount may include, but is not lnmted to, .a~t. omeys xees, court costs, an~
other legal expenses. This See.uti. 'ty, Ius.miment sh~]] remain in effect until released. Mortgagor agrees to
pay for any recordation costs o/c suc/l release.
19. E~WIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
Environmental Law means, without limitation, the ComPrehensive Environmental Response,
Co sation and Li.a?ity Act (C C. LA, 42 U.S.C. ?ther f er , and
laws, re{~ul, atious, ordinances, court o.roers, attorney general opnuons or interpretive letters concerning
the pubhc health, safety, welfare, enVLronmen~ ~,~ ~ substance; and (2) Hazardous Substance
means any xoxic, radioactive or h~,~rdeus material, waste, pollutant or colltnminnnt WhiCh has
characteristics which render the substance d~n~erons or potentially dangerous to the public health, safety,
welfare or envirorrmeut. The term includes, without limitation, any substances defined as ~hazardous
material," "toxic substances," "hazardous waste" or "hazardous substance" und~ any FAlvironmental
Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance
has been, is, or will be located, transported, m~m.~actured, Ur. areal, refined, or h~ndled by any
person un, under or about the Property, except in the orclln~ry course of business and in strict
compliance with ail applicable Environmental Law.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and
will not cause, contribute to, or permit the release of any Hazardous Substance un the Property.
C. Mortgagor will immediately notify Lender ff (1) a release or threateoed release of
Sub~ance occurs on, under or about the Property or migrates or threatens to migrate from nearby
propo~; or (2) there is a violation of any Environmental Law concerning the Property. Iu such an
event, Mortgagor will take all necessary remedial action in accordance with Environmemal Law.
D. Except as previously disclosed and acknowiedged in writing to Lender, Mortgagor has no
knowledge of or reason to believe there is any pending or threatened investigatiou, claim, or
proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the
P~...p.erty; o.r (2) any .violation by Mo~agor or any tenant of any Environrtmutal Law. Mortgagor
wili ~mmed~ately no,fy Lender in writing as soon as Mortgagor has reason to believe there is any
such peudin~ or threatened investigation, claim, or proceeding. In such an eve~, Lender has the
fight, but not the obligation, to participate in any such proceedin~ including the right to receive
copies of any documents relating to such proceedings.
Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every
tenant have been, are and shall mmpi, in full compliance with any applicable Environmeotal Law.
Except as previously disclosed and acknowledged in writing to Lender, there are no underground
storage rsn~ private dumps or opeo wells located on or under the Property and no such ts~,
dump or well will be added u~less Lender first consants in writing.
Mortgagor will regularly inspect the Property, monitor the activities and operatious on the
Property, and confirm that ail permits, licenses or approvals required by any applicable
Environmental Law are obtained and complied with.
Mortgagor will permit, or cause any tanant to permit, Lender or Lender's agent to enmr and
Lnspect the Property and review all records at any ressouable ~m~ to determine (1) the existence,
location and nature of any Hazardous Substance on, under or about the Proper~y; (2) the existance,
locatinn, naCare, and magnitude of any H~r~ous Substauce that has been released on, under or
about the Property; or (3) whether or not Mortgagor and any te~nt are in compliance with
applicable Environmental Law.
I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expose, to engage a
qualified environmental engineer to prepare an environmeutal audit of the Property and to submit
the results of such audit to Lender. The choice of the environmental engineer who will pe~orm
such audit is subject to Lender's approval.
J. Le~ler has the right, but not the obligation, to porform any of Mortgagor's obligations under this
sacdun at Mortgagor's expense.
K. As a consequence of any breach of any representation, warranty or promise m~,te in th/s section,
(1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns hacmless from
and against all losses, claims, demand, ~iabilities, d~m~ges, cleanup, reaponso and mmediation
costs, penalties and expense, including without limitation all cos~:s of litigation and at~orueys'
fees, which Lender and Lender's successors or assigns may susta/u; and (2) at Lender's discretion,
Lender may rales~¢ this Security Instrument and in return Mortgagor will provide LeAder with
collateral of at lesst equal value to the Property secured by this Security kmrument without
prejudice to any of Lender's rights under this Security instrument. __
fP~g~ ~ of
F.
G,
H,
regardless of any -~E~- -~ ...... y ~.oreclosure .or sat~..f~.on .of this Security Inatriml~m
~r~,~,.,~, A.., ~'~i~'.~ang~°~u,u~e .r_o.~ or sny .mSl~. sit, on' ,y Lender of any or all of the
~,,-~%~. ,~.~ ~ : mau ~x~am~ to tile collffary ~ ller~Dy walve~.
20. C.ONI)EMN.A..TION: .Mortgagor. will give ~ prompt.ho, flee of any pending or threataned action, by
~p_n_v?.._ o_r_r~uc.,~uries ~o q.uro~e or ~.a~ ~y ? allo~ the Prorer~ through ~unde~-~Son,
??,_,:~,.~2r_?~y_?m~. ra~er~. ~. ortg~ag, or aumorges Lender to intervene m Mortgagor's n~me in any of the
m~uVe UV.~,TI~ aotlOl~S Or cla~m~ Mortgagor assi~,~ to Lender ,k~ ...~.~..~a~ ~ .......
· *.,~,~. ~,~o wuu~.~:~.r w~m a ~on~mn~llon or otller ~g OI all or any o of the Pmno~q'v
shall oe consid · · . . ,art._ ......
docnm~nt ~ ,- ~ ~ , u~:~ vi aunt, soclLrlty agreemerg or otller lien
21. INSURANCE. Mortgagor agrees to m~intain insurance as follows.
A. M..ortgagor ~h.~.!l ~ .the Property ' _insured agsln~t loss by 'fire, flood, theft and other hn,~ls nnd
.... m. me arno ·ana ror the periods that Lender requires. The insurance carrier
ptOVlalilg tile ms~ai~ shnl] be chosen bY Mortgagor subieet to I-~nder's annroval ,a~hloh shM1
not be..u~...~ly withheld. If Mortgagor fails to mnintai~ the cov~a~e descri=~h~
..may, at Le~a~ s opU.on, obtain coverage ro protect Leveler s rights m tim Pror~q-tv
~e terms of this S..ec~unty inst~m~llt. --
All insurance policies and reoewals .~hM! be acceptable to Lender and shall include a stn~d~rd
.~mo,rtgag9 clause.; ..a~d, wh~'e applicable: 'loss payee clause. ~ Mortgagor ~ha]l immodiatel¥ notify
Lenaer oF cancenauon or ~ermmatton ot the insurance. Lender shall have the riaht m :~r, ia th',,
p.olici.~ and r.~ewals. If Lender requires, Mortgagor ~h~ll ~m~ediately give to-~'~ll-r~i~s
.oi pma prenm~m~ and renewal 'notices. Upon loss, Mortga£or shall ~ive imm~liato.
ance carrier and Lender. Lender may mnke proo~ of loss if" not made immodiately by
Mortgagor. .
oi .me .rroperty or w me ? .e~u~. L~e~t, w'netller or not then due at Lenr~r's
appli,catlon of proceeds to prmctpal shall not exteald or postpone the ~ date of sche~u~x~)-a'v~t
nor change the amount of any payment Any excess will be raid to the Mort~n~ar
B. Mortgagor a~e~ to ~ntain compmh~usive general 1.iabil!ty insurance na~g Lander as an
additional insured in an amount acceptable to Lender, msunng against ch~m~ arising from any
accident or occurrence in or on the Property.
C..Mortgagor agrees ~ ~main rentsl loss or business interruption insurance, as required by L~nder,
m an amount equa~ to at least coverage of one year's debt service and ~-uir~l
posits 0f agreed to seperat~ly m writing), under a form of pohcy acceptable to L~nder.
22. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate a~t,
Mortgagor will not be required to pay to L~nder funds for taxes and iusurance in escrow.
~ ~_u~_.~ ms ~ee~.m. ty lus .~. ~t a?.Lomt.and indiwd.~al. If Mortgagor signs this Security
~ ~oes no~ s~gn an evil,ce o~ ae~t, Mortgagor aoes so only to mortgage Mortgagor's
, ,:, . ,./~_ (page?oliO)
interest in the Property to ~cure paymen~ of the Secured I~bt and Mortgagor does not agree to be
personally liable on the Secured Debt. If this .~. ~_ty Insw~ment _secures a gt)~an~y between Lend~ and
Mortgagor, Mortgagor agrees to waive any fights that may prevent Lender-from bringing any action or
claim against Mortlagor or any pa~7 indebted.undor.t~, e obligation. ~ rights, may '.mcltide, but are .no.t
limited to, any anU-doficiency or on, action laws. mortgagor agre~ mat J-enaer ano ~ny party to ttns
Security Instrument may extend, modify or m~ke any change in the terms of this Security Instrument or
any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the
terms of this Security Insmm~at. The duties and benefits of this Security Instrument shall bind and
benefit the successors and assigns of Mortgagor and Lender.
2$. APPLICABLE LAW; SEVERABIL1TY; INTERPRETATION. This Security Instrument is governed
by the laws of the jurisdiction in which I.~nder is located, except to the extem otherwis.e required by the
laws of the jurisdiction where the Pr_open~ is located. Any provision that appg_ints Lender as an agent is
not st~bject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, F.~tates and
Fiduciakies Code). Lender, by exerci~ng any of its rights ~,od~ this Security lnsmtment, does so for
benefit of Le~er. This Seco~ity ImU'umem is complete and fully integrated. This Security Iustnuneat
may not be amended or modified by oral agreement. Any section in this Security Instrument, atl~hments,
or any agreement related to the Secured Debt that conflicts with applicable law will not be effective,
unless that law expressly or impliedly pem~its the variations by written agreement, ff any section of this
Security Instrument cannot be ~fforced according to its terms, that section will be severed and will not
affect ~ enforceability of ~e re-~,aer ?f thiA_ Security lnsw~. Whe~v.. er used, the s'.mgu~.as shall
include me plural and the plural the singular, lne c~tions and headings of ma sections of this Security
~t ~ for con.~enience onl}, ~ ~ not to_be used to interpret or dcu~me the terms of this Security
Instrument. Time is or me ess~ce m this 5ecurity Inset.
.?,6, NOTICE. Unless otherwise required by law, any notice shsli be given by deliverin~ it or by mailing it by
first class rn~il to the at~ropfi_ate ,party's address on page 1 of this Seci~rity ~t, or to any other
address designated in writing. Not~ce to one mortgagor will be deemed to be notice to all mortgagors.
27. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to apprais~nom relating
28. WAIVER OF JURY TRIAL. To the extent not prohibited by law, Mortgagor and Lende~ knowingly
and imontionally waive the _right, which the party may have, to a trlai by j~ury with respect to any
litigation ~ from the Se~n'ed Debt, or any oth~ agreement execut~ in enajunetinn .with the
E.~dance of Debt and this Mort~ge. Mortgagor and Leader each acknowledge that *hi~ section has
~ther bean brought to the att~atian of ~ac.~ party's legal counsel or that each party had the
opportunity to do so.
29. U,C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security
Instrument:
[] Construction Loan. This Security Instmmeut secures an obligation incurred for the construction
of an im2rovement on the Property.
[] Fixture Filing. Mortgagor grants to Le~er a security interest in all goods that Mortgagor owns
now or in the future and that are or will become f~xtures related to the Property.
[] Crops; Timber; Minerals; Rents, Isles, and Profits. Mortgagor grants to Lendor a security
interest in all cro~)s, timber, and minerals located on the Property as well as ail rents, issues,' and
profits of them including, but not limited to, all Conservation Reserve Program (CRP) and
Payment in Kind (P,BC~) paym~ts and similar govm programs (ail of which shall also be
included in the te~m Property').
[] Personal Property. Mortgagor grants to Leader a security interest in all personal property located
on or connected with the Property, including all farm products, inventory, equipment, accounts,
documents, instruments, chattel paper, general intangibles, and all other items of personal property
:1758P§l 5k3'
Mortgagor owns now or in the f~mre ~l tl~ 'are used or useful in the con,~ruction, o.~_ .~p,
operation, msnngemen~, or m~in't.g~,al~ of the Pwperty (~ of w~ ~hn~ ~ ~ ~ ~ ~e
t~ '~'). ~e te~ "p~ p~ ~y ~cl~!~ pwp~ d~ ~
~ho~old g~' s~ h ~on ~ a '~" lo~ ~ ~o~ te~ ~ de~ ~
~p~le ~end ~o~ gong ~ ~ d~five ~t p~.
~ ~lln~ ~ ~n~n~ ~t. Moagagor ages ~ ~wl~ ~t ~s ~ ~t
&~ ~ ~ a ~g ~t ~ ~y ~n, photo~c or o~ ~u~on ~y be
~ of ~ for p~ of ~cle 9 of ~ U~fo~ ~i~ ~.
30. ~ ~. If ch~, ~e fo~o~ ~ ~plic~le to ~ S~ ~:
[] Line of Credit. The Secured Debt inc!n~ a revolving line of credit provision: Although the
._ Secured Debt may be reduced to a zero balance, this Security Iusm~ment will ~rnain in effect until
[] Agricultural Property. Mortgagor covenants and warrants that the Property will be used
principally for agricultural or farmi,g purposes and that Mortgagor is an individual or antity
allowed to own agricultural land as specified by law.
[] Purchase Money. This Security Inztn~m~nt secures advances by lender used in whole or in part to
acquire the Property. Accordingly, this Security Iusmmaen*, and the lien hereunder, is and shall be
construed as a purchase money mortgage with all of the rights, priorities and benefits thereof
under the laws of the Commonwealth of Pem~ylvania_
[] Additional Terms.
SIGNATURES: By signing below, Mortgagor, intending to be legally bound hexeby, agre~ to the terms
and covenants contained in this Security Inslrument and in any attaclmaents. Mortgagor also acknowledges
receipt of a copy of this Security instrument on the date stated on page 1.
.......................................................................................
.(W~mess) ' ~ ' 0Vit~ss)
~ o5 ~.3/2002
(Sig..Aw/,e) (D~te) (S~gmm~e) (Da)
(Wimess) (Wimess)
[page 9 of lOJ
COMMO~ OF ...~ ......... ~., ~ OF .~~.... } ss.
~, ~ ~, ~....~..... a~ o~.. ~.~ ~ ~., ~o~ ~ ..................................
· e ~i~ offi~, p~ly ~-.~...~,...~..~ .....................
......... ~...~.._
ex~ ~e ~ for ~e p~
~ ~s w~f, I h~m
(s~)
Notarial Seal
Sally J. W1rtder, Notary Public
Shippem~burg Twp., Cumberland County
My Commission Expires Feb, 13, 2003
Titlo of Officer
COMMONWEALTH OF .............................. , COUNTY OF ....................... ;~v.,.'.. } ss.
On this, the ................. day of .............................. before me ..................................
the undersigned officer, personally appeared ................................................................
................................................................ who acknowledged hlm~olf/herself to be the
.......................... and that he/she as such ................................................................
being authorized to do so, executed the foregoing instrument for the purposes therein contained
by signing the name of the ................................... by ........................................... as
In witness whereof, I hereunto set my barut and official seal.
My commission expires:
(Scat)
......... ~'7;'~';'77"';7/'~ ...........................
Title of Officer
It is hereby certified that the address of the Lender within nsm~d is: ..................................................
.~..~. ,e..o....~........~.. ~.~..o....m~.... ~.. ~.o.. ~.o.,x.. ~ .z..2..~...o.~ ...~3%..s. ~ .?,..e,... ~..~ 2 .~..2.s. ..............................
lpage 10 of 10)
Tract No. 1:
ALL that certain Iract of mountain land now or formerly of tLG. I-llmes; thence
by the same, South 74 degrees East 61 perches to a stone; thence by land now or formerly
of Goerge Clever, South 19 degrees West 136 perches to stones; thence by land now or
formerly of John Stamey, North 45 degrees West 86 perches to a stone; thence by land
now or formerly of Benjamln Helm; deceased,. North 29 degrees East 58 perches to
stones; thence by land now or formerly of C. Long, deceased, North 35 degrees East 44
perches to the place of BEGINNING.
CONTA/NING 51 acres 70 perches, more or less.
BEING the same premises which Alice L. Mortar? widow, by her deed dated
Jnauary 28, 2000, and recorded in the Recorder of Deeds in and for Cumberland County
in Record Book 216, Page 99, granted and conveyed to Calvin L. Ott and Wendy L. Ott,
husband and wife, mortgagors herein.
Tract No. 2:
ALL that certain lot of land situate in Southampton Township, Cumberland
County, Pennsylvania more particularly bounded and described as follows, to wit:
BEGINNING at a spike in the centerline of Legislative Route 21006 at the
intersection of Legislative Route 21050; thence along Legislative Route 21006 South
eighty-seven (87) degrees, seven (7) minutes West, one hundred fifty and seventy-nine
hundredths (150.79) feet to another spike inlthe centerline of Legislative Route 21006;
thence along lands now or formerly of Llo3)~l Mowery, North eighty-four (84) degrees
forty-five (45) minutes East, one hundred fifty and zero hunclredths (150.00) feet to a
spike in the centerline of Legislative Route 21050; thence along the centerline of said
road, South eleven (11) degrees twenty-three (23) minutes East, one hundred eighty-three
and seventy hundredths (183.70) feet, the point and place of BEGINNING.
CONTAINE~G .618 acre more or less.
The above description being taken from a survey entitled "Subdivision for Elder
R. Whitmer dated June 27, 1994, by Thomas A. Neff, ILS.
SCF/EDULE'A'
this to be recorded
c '.m berland County PA
Kccor c of Deecls
Date: Jenuarv 15, 2004
ACT 91/6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mort~mte on your home is in default, and the lender intends to foreclose. Sueeifie information
about the nature of the d~fault/s orovided in the a~aehed pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM fI-IEMAP) may be able to help to save your home.
This Notice explains how the program works.
To see ffHE/VIAP can helv, you must MEET Wl'l'l-f A CONSLrMt~ CREDIT COUNSEJ_IIqG AGENCY W2rTItIb130
DAYS OF THE DATE OF Tills NOTICE. Take this Notice with you whon you meet with the Coun~elixtg
Agency.
The ,amc, address and ohone number of Consumer Credit Counsel/ng A~ncios servin~ your Count*' are 1/sted at the end of this
Notice. If you have any anasfions, you may call the Penmvlvenia Hous/a~ Fi-~nce A~tencv toll free at 1-800-342-2397. (Persons with
imm~ired hearing ca~ 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 exphin it. You may also want to contact an
attorney in your urea. The local bur association may be able to help you fred a lawyer
LA NOTi]tlCACION FaN Al)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A COi~'£1NUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOI'J~'iCACION OBTENGA lUNA
TRADUCCION IMMEDIATAMEI~TE LLAMANDA ESTA AGENCIA ('PENNSYLVANIA HOUSI2~G FINANCE AGENCY)
SIN CARGOS AL NUMERO MENCIONADO ARRIBA. ?UEDES 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): Calvin L. Oft
PROPTERY ADDRESS: 2 Nell Road. Shioneasburg, PA 17257
LOAN ACCOUNT NO.: 600126293
ORIGINAL LENDER: Adams CounW NaflonalBank
CURRENT LENDER/SERVICER: Adams County National Bank
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANC/AL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSU1LE AND I~ELP YOU MAWE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (TH.E "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASS/STANCE:
· 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,
· IF YOU MEET OTWI~,R ELIGIBILITY REQUIREMENTS ESTABLISHED BY TH_E PENNSYLVANIA HOUSING
]FINANCE AGENCY,
,, XHIBIT B
TEMPoRARy STAY O1~ FORECLOSURE - Under the Ach you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from tiao el~,~ of this Notice. During that time you must arrange and attend a "face-to-face" meeting with
one of the consumer credit counsel/ng agencies listed at the end of this Notice. THIS MEETING MUST OCCUR V~tI'I'HI-N' THE
NEXT (30/DAYS. 11~ YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. Tt~ PART OF THIS NOTICE CALLED "HOW TO CUP~ 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 aotlen against you for thirty (30) days after the date of this meeting. The names.
addresses and teloohone numbers of desimmted consumer credit counseling a~eneios for the cotmtv in which the provortv is located are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatslv of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth hter in this Notice
(see following pages for specific information about the nature of your default) If you have Ned and ere m,~ble to resolve this problem
with the lender, you have the right to apply for/~n~ncial assistance from the Homeowner's Emergency Mortgage Assistance Program.
To do so, you must fill out, sig~ and file a completed Homeowner's Emergency Assismuce Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling ageaeias have
applications for the program and they will assist you in submitting a complete application to the Pennsylvania Houshg Finunee
Agency. Your application MUST be filed or postmurked v~tbln thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW
THE OTHER TIME PERIODS SET FORTH IN 'rm~ LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR
HOiV[E IMIVfEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASS/STANCE W]I,L BE DENIED,
AGENCY ACTION - Avaihble funds for emergency mortgage assistance arc very limited. They will be disbursed by the
Agency under the eligibility trim-ia established by the AM. The Pennsylvania Housing Finance Agency has six~ (60) days to make a
decision a.fax it receives your application. During that time. no foreclosure pro~eediugs will be pursued against you/f you bare met
the time requirements set forth above. You will be notified d/reedy by the Penusylvania Housing Finance Agency of its decision on
your application,
NOTE: IF YOU ARE CURRENTLY PROTECTED BY TI~ FILING OF A PETITION IN BANKRIYFFCY,
FOLLOWING PART OF TI~I,~ NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have ~ed bankruptcy you can still apply for Emergency Mort~gage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date).
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your propor~ located at:
2 Neli React Shiooensbur~, South Hampton Townshiv, Cumberland CounW, ?A AND
3 Tums Road, Shivpeasburg, South Hamvton Townshio, Ctmabm'land County, PA
IS SERIOUSLY IN DEFAULT because:
A.
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now
past due:
Monthly naments of $909.39 due for November, December 2003 and January 2004, vlus vast due charges of $54.56
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $2,782.73
B. YOU HAVE FArLKD TO TAKE THE FOLLOWING ACTION(Do not use if not atrolicable):
HOW TO ~ THiE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO TH~ LF_i~ER, WHICH IS $ 2.782.73 PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DLrE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash.
cushier's check certified check or money order made navable and sent to:
ADAMS COUNTn~ NATIONAL BANK
P.O. Box 3129
GetWsbm~. 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 ff not
aovlicable.)
IF YOU DO NOT CURE 'IHE DEFAULT - If you do not cure the default within Tt{IRTY (30) DAYS of the date of this Notice,
the lender intends to exercise its ri~his to accelerate the mort~a2e debt. Tiffs means that the entire outstanthng balance of tiffs debt
will be considered due immediately and you may lose the chance to pay the mortgage in monthly instzllments. If full payment of the
total amount past due is not made within THII~TY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose uoon vour mortgaged vrooertv.
IF Tu ~; MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against
you, you will st/il be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegai
proceedings are started agai~t you, you will have to pay all reasoashle attoruey's fees a~tually iucurred by the lender even ffthey
exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also iuchde other reasonable costs. If
you cure the default wlthi~ the 'rI~R'I'Y (30) DAY oeriod, yen will not be reauired to cay atiarnev's fees,
OTHER LENDER REMEDIES - The lender may also sue yon personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CURE TKE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THRITY (30)
DAY period and foreclosure proceedings have begun, you still have the right to cure the default and orevent the sal~ at any t/me uo to
one hour before the Sheriff's Sale. You may do so bY navin~ the total amount then vast due, vlus any late or other charges then due,
reasonable attorney's fee~and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as
snecified in wrifin~ by the lender and by verformln~ any other remfirements under the mortgage. Curing your default in the manner
set forth ia this notice will restore your mortgage to the same position as ffyou had never defaulted.
EARLIEST POSSIBLE SHERII~'S SALE DATE - h is es~ms~ed that the earliest date that such a Sheri~s Sale of the mortgaged
property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the
Sher//~s Sale wil/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 centering the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Adams County National Bank
16 Liaeoia Sauare, P.O. Box 3129
Gettysburg. PA 17325
(717) 359-1922
(717) 3598809
David W, Deaner
EFFECT OF SHERIFF'S SALE - You should realize &at a Sheriff's Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and
other belongings could be started by the lender at any time.
ASSUMPTION O17 MORTGAGE - You may not sell or transfer your home to a buyer or/rausferee who will assume the mortgage
debt, provided &at all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and &at ~ae other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TH]5 MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTI rLrrION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CULLED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
· TO HAVE ~ MORTGAGE RESTOKED TO THE SAME POSITION AS IF NO DEFAULT ~ OCCURRED, IF YOU
CLrRE THE DEFAULT. (I-IOW'EVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAtL)
· TO ASSF. RT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR A.NY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TI-IE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENC]]gS SERVING YOUR COUNTY
PENNSYLVAbIIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Financial Counseling Services of Franklln
31 West 3nt SWeet
Waynesboro, PA 17268
(717) 762-3285
ADAMS COUNTY
Consumer Credit Coumeling Service of Western PA
2000 Linglestowa Road
Haxrisburg, PA 17102
(717) 541-1757
(717) 5414670
Adam~ County Homing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
717) 334-1518
FAX (717) 334-8326
American Red Cross - Hanover Chapter
529 Carhsle Street
Hanover, PA 17331
(717) 637~3768
FAX (717) 637-3294
YORK COUNTY
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 5414670
Homing Council of York
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
Consumer Credit Counseling Sm'vice of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Consumer Credit Counseling Service of Western PA
970 South George Street
York, PA 17403
(717) 8464176
Financial Counseling Services of Franldin
31 West 3'~ Street
Wayaesboro, PA 17268
(717) 762-3285
Y'vVCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 243-3948
*Copies also ma/led to 3 Tums Road, Shippensburg, PA 17257
Ufoan League of Metropolitan Harrisburg
25 North Front Slreet
Harr/sburg, PA 17101
(717) 234-5925
FAX (717) 232-4985
Date: Sanuarv 15, 2004
ACT 91/6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. S~eeific kfformafion
about the nature of the default is vrovided in the attached ~ages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEM_AP) may be able to hel~ to save your home.
This Notice exolaias how the ~rom'am works.
To see if HEMAP can helo, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITH~ 30
DAYS OF THE 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 Couuselin~ Agencies serving your Count~ are listed at the end oft, his
Notice. If you have any auestions, you mav call the Penusvlwnis Housin~ Finance A~enc¥ toll free at 1-800-342-2397. (Persons with
impaired hearin~ can call (717) 780-1869).
This NOtice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling agency may be able to help explain it. You may also want to contact aa
attorney in your area. The local bar association may be able to help you fred a lawyer
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CO~TENIDO DE ESTA NOI'H0'ICACION OBTENGA UNA
TRADUCCION IMMF~DIATAMENTE 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 A~SISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DER.ECHO A REDIMIR SU H i POTECA.
HOMEOWNER'S NAME(S): WandvL. Ott
PROPTERY ADDRESS: 2 Neil Road, Slrlooensburg, PA17257
LOAN ACCOUNT NO.: 600126293
ORIGINAL LENDER: Adams County National Balak
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 M~KI~, FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
· IF YOU MEET OTHER ELIGIBH,ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY sTAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice. Durlag that time you must arrange and att~d a 'Tace-to-face" meeting with
one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE
NEXT (30) DAYS. 1~ YOU DO NOT APPLY FOR F_2VlF_~GENCY MORTGAGE ASSISTANC]E, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PA,KT OF THIS NOTICE CALI.~D 'fi-IOW TO CURE YOUR MORTGAGE DEFAULT",
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed
at the end of this notice, the lender may NOT take action aga~ast you for thirty (30) days af~ the date of this meeting. The names,
addresse~ and teleohone numbers of desi~mated consumer credit counseling a~encies for the count~ in which the ~ropertv is located are
set forth at the end of this Notice. It is only necessary to schedule one face-te-face meeting. Advise your lender immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice
(see following pages for specific information about tho nature of your default.) If you have tried and are unable to resolve this problem
with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Progran~
To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have
applications for the program and they will assist you in submittin~ a complete application to the Pennsylvania Housing Finance
Agency. 'Your application MUST be filed or postraarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. Hr YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW
'l'i~E OTf~ER TIME PERIODS SET FORTH IN 'J'9~ LE'ITER, FORECLOSURE MAY PROCEED AGAINST YOUR
HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENr~.o.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that time, no foreclosure proceedings will be pursued agalnat you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: n7 YOU ARE CURRENTLY PROTECTED BY THE FIlING OF A PET/llON IN BANKRUPTCY, THE
FOLLOWING PART OF Tlqlg NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you liave fried bankruptcy you can still apply for Emergency Mortgage Assistance,)
HOW TO CURE yOUR MORTGAGE DEFAULT (Brin~, it no to date).
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at:
2 Neff Road. Shinpensburg, South Hampton 'l~ownshin, Cumberland County, PA AND
3 Tums Road, Shipvensbur~. South Hamoto~ Township. Cumberland Counts', PA
IS SERIOUSLY IN DEFAULT because:
A, YOU Is. AVE NOT MADE MONTI-ILY MORTGAOE PAYMENTS for the following months and the following amounts are now
past due:
Monthly vavments of $909.39 due for November. December 2003 and January 2004, ~lns oast due char~es of $54.56
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $2,782.73
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not avv~icable):
HOW TO CURE 'lTd~ DEFAULT - You may cur~ the default wi'th!~ TI-HRTY (30) DAYS of the date of this notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2,782.73 PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made ~ither by cask
cashier's check, certified check or money order made ~avable and sent to:
ADAMS COLrNTY NATIONAL BANK
P.O. Box 3129
Gcrtvsbur~. PA 17325
You can cure any other default by irking the following action w/thin THIRTY (30) DAYS of the date of th/s letter: (Do not use ff not
applicable.)
IF YOU DO NOT CURE THE DEFAULT - Ifyun do not cure the default w/thin THIRTY (30) DAYS of the date of this Notice,
the lander intends to exercise its ri~,hts to accelerate the morataee debt. This means that the entire outstanding balance of this debt
w/Il be considewd due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the
total amount past due is not made within TI-IIRTY (30) DAYS, the lander also intends to iustmct its attorneys to start legal action to
foreclose uoon your mort£a~ed orooertv.
IF Tile MORTGAGE IS FORECLOSED UPON - The mortgaged property w/il be sold by the Sheriff to pay off thc mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquan~y before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, fflegal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually incu_wed by the lender even ffthey
exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. I_f
yon cure the default within the THRTY (30) DAY oeriod, you will not be reouired to nay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you p~sondly for the unpaid principal balance and all other sun~ due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default w/thin the THPdTY (30)
DAY period and foreclosure proceed/rigs have begun, you still have the right to cure the default mad urevant the sale at any time up to
one hour before the Sheriff's Sale. You may do so by navin~ the total amount then east due. olus any late or other char~es then due.
reasonable attorney's fees and cost~ connected with the foreclosure sale and auv other costs connected with the Sheriff's Sale as
specified in writin~ by the lender and bY perform~, any other reaairements under the mort~e. Curing your default in the manner
set forth hi this notice will restore your mortgage to the same position as ff you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - h is es6mzted that the earhest date that such a Sheriffs Sale of the mortgaged
property could be held would be appro~mstely 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 vourse, the amount needed to cure the default w/Il increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Nsme of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Adams County National Bank
16 Lhieohi Souure, P.O. Box 3129
Gettysburg, PA 17325
(717} 359-1922
(717} 359-8809
David W. Deaner
EFFECT OF SHEKII~'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged propea~y and
your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furai.~hlu~s and
other belongings could be started by the lender at any time.
ASSUM?TION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage
debt~ provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAV~ THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE TI-HS DEFAULT CURED BY ANY '13IIRD PARTY ACTING ON YOUR BEHALF
· TO HAVE THE MORTGAGB RESTORED TO ~ SAlVIE POSITION AS IF NO DEFAULT HAD OCCLrRRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUiVIENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER Tt~ FEDEILAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
American Red Cross - Hanover Chapter
529 Carlisle Sueet
Hanover, PA 17331
(717) 637-3768
FAX (717) 63%3294
Finanv, l.al Counseling Services of Framklin
31 West 3ra street
Waynesboro, PA 17268
(717) 762-3285
ADAMS COUNTY
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Han'isburg, PA 17102
(717) 541-1757
(717) 5414670
Ad-ms c0nnty Homing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
717) 334-1518
FAX (717) 334-8326
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 63%3294
YORK COUNTY
Consumer Credit Counsel/rig Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) .541-1757
(717) 5414670
Homing 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 L'mglestown Road
Harrisburg, PA 17102
(717) 541-1757
Consumer Credit Counseling Servioe of Weatem PA
970 South George Street
York, PA 17403
(717) 8464176
CUMBERLAND COUNTY
Financial Counseling Services of Franklin
31 West 3~i Slreet
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 243-3948
*Copies also m211ed to 3 Turns Road, Shippensburg, PA 17257
Urban League of Metropolitan Harrisburg
25 North Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 2324985
(+
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Js desired.
· Print your .ams and address on the reverse
so that we can return the card to you.
II Attach this card to the back of the rnailpiece,
or or] the fror]t if space permits.
1. Article Addressed to:
Ca~vin L. Ott
2 Nell Road
Shippensburg, PA 17257
2. Article Number (Copy from ~ervice label)
Ps Fo~n 3811, Ju~ 1999
3. Service Type
~[ Certlt'~d Mail [] Express Mail
[] Registered ]r'~Rsturn Receipt for Merctlendl~e
r-~ insured Mail [] C.O.D.
4. flest~cted Delivery? (Extra Fee) I'-J y~
7099 3400 000] 4861 9959
Domestic Return Receipt 102595-00-U-0952
2 Nell Road, Shlppensbur~, PA
'=- ce~"~'~' 2.30 /' x/"----",,,
~ 2 Nell Road
Shi PA ]7257
· Con'if=~ ~ I, 2, and 5. Also complete
item 4 If Restricted Delivery is desired.
· Print your name and address on the reverse
~o that we can return the card to you,
· Attach this card to the back of the mailpiece,
or on the front ff space permits.
11 Article Addressed to:
Wendy L Ott
2 Neil Road
Shippensburg, PA ]7257
2. Article Number (Copy from service labe0
F~ Form 3811, July 1999
A. Received by (/3lease F
C. Sig rum
D. Isde~k~yaddm~sdtffe~mimm/~7 r-1 y~
If YES, enter delivery address l~low; ~-I ~
3. Service Type
]J~ Certified Mail r'l Express Mail
I-I Registered J~] Return Receipt for Meecf3endi~e
t-1 Insured Mail [] C.O.D.
4. Restricted Deliver,? (Extra Fee) [] Ye~
7099 3400 000] 486] 9928
x?z.~?/-~,~?o h,,llh,,h,hhhl,h:,lhh,,h,lh,,~!
I
3 Tu~ Ro~d, gh~ppo'~h.rg~ PA F
.37
2 . 3o ,,//-'!:~,~,, ,.,
~.7~
~1 Potage & F~s ~ 4.42
.___C~lwin._7~ ~...~ t .t. ..................................................
Turns Road
ShlpDensbl~rg, PA 17257
Turns Road, Shippensbur~, PA
Postage $ .37
Certified Fee2.30
$ 4.42
Name (Please Pdnt Clearly) (to be completed by mailer)
....~ .e_.n_._d.y._._L..,....O..t...t. ...........................................................
3 Turns Road
"E~,' ~£d,'~Y¢;~ ...........................................................................
SHERIFF' S RETURN - REGULAR
CASE NO: 2004-01502 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS COUNTY NATIONAL BANK
VS
OTT CALVIN L ET AL
RONALD HOOVER ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT
OTT CALVIN L
DEFENDANT
at 2 NEIL ROAD
SHIPPENSBURG, PA 17257
WENDY L. OTT, WIFE
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according
FORE was served upon
, at 2047:00 HOURS, on the
29th day of April
by handing to
to law,
the
2004
- MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.11
Affidavit .00
Surcharge 10.00
.00
41.11
Sworn and Subscribed to before
me
So Answers:
R. Thomas Kline
05/05/2004
ADAMS COUNTY NATIONAL BANK
SHERIFF'S RETURN -
CASE NO: 2004-01502 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS COUNTY NATIONAL BANK
VS
OTT CALVIN L ET AL
REGULAR
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT - MORT FORE was served upon
OTT WENDY L
DEFENDANT at 2047:00 HOURS, on the 29th day of April
at 2 NEIL ROAD
SHIPPENSBURG, PA 17257 by handing to
WENDY L. OTT
a true and attested copy of COMPLAINT - MORT FORE
law,
the
, 2004
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this // ~ day of -7~o.~,~
So Answers:
R, Thomas Kline
05/05/2004
A~DAMS COUNTY NATIONAL BANK
By:
SHERIFF'S RETURN -
CASE NO: 2004-01502 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS COUNTY NATIONAL BANK
VS
OTT CALVIN L ET AL
REGULAR
RONALD HOOVER ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
OTT CALVIN L
DEFENDANT at 2047:00 HOURS,
at THREE TURN ROAD
SHIPPENSBURG, PA 17257 by handing to
WENDY L. OTT, WIFE
a true and attested copy of COMPLAINT - MORT FORE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 29th day of April
the
, 2004
together with
and at the same time directing Her attention to the contents thereof.
Additional Comments
PROPERTY AT THREE TURN ROAD IS JUST MOUNTAIN GROUND.
DEFENDANT WAS SERVED AT 2 NEIL ROAD SHIPPENSBURG.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit .00 f
Surcharge 10.00 R. Thomas Kline
.00
16.00 05/05/2004
ADAMS COUNTY NATIONAL BANK
Sworn and Subscribed to before
me this ~1T~ day of
V
(:,~. ~, ~ ~;~ A.D.
Prot~onotary~
By:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-01502 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS COUNTY NATIONAL BANK
VS
OTT CALVIN L ET AL
RONALD HOOVER ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
OTT WENDY L
DEFENDANT , at 2047:00 HOURS,
at THREE TURN ROAD
SHIPPENSBURG, PA 17257
WENDY L. OTT
a true and attested copy of COMPLAINT - MORT FORE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 29th day of April , 2004
by handing to
together with
and at the same time directing Her attention to the contents
Additional Comments
PROPERTY AT THREE TURN ROAD IS JUST MOUNTAIN GROUND.
DEFENDANT WAS SERVED AT 2 NEIL ROAD SHIPPENSBURG, PA.
thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this [/ ~ day of ~
~,-~ 9~ A.D.
" ~ Prothonotary --
So Answers:
R. Thomas Kline
o5/05/2oo4
ADAMS COUNTY NATIONAL BANK
Deputy Sheriff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank, :
Plaintiff :
VS.
Calvin L. Ott and Wendy L. Ott,
Defendants
No. 2004-1502 Civil Term
Action of Mortgage Foreclosure
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned Action of Mortgage Foreclosure as discontinued.
Dated: May / O , 2004
PUHL, EASTMAN & THRASHER
By:
Attorney ID Number 77071
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159