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Home My WebLink About01-1997 Spear &/-Ioffman, P.A. BY: ROBERT W. CUSICK Attorney I.D. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. · 9787243 MANUFACT~s & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE F/NANC~ BANK, N.A., SUCCESSOR IN INTE~ST TO FARMERS TRUST COMPANy PO BOX 840 BUFFALO, NY 14240.0840 PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLA~ COUNTY DONALD L. BRAC~ILL AND SUSAN I. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 DEFENDANTS COMPL~AINT _ CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOS~ NOTICF. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFO~ ONE, GO TO OR TELEPHO~ TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 CASE NO- 2001-01997 p SHERIFF ' S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND MANUFACTj;RERS & T~RADERS TRUST VS _BRACKBILL _DONALD L ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn says, the within COMPLAINT _ MORT FORE B____~CKBILL DO___NALD L DEFENDANT , at _0017-49 HOURS, on the at 233 PINE ROAD MT HOLLY SPRINGS, PA 17065 _DONALD L. BRACKBILL according to law, was served upon 10t_____h. day of April the by handing to a true and attested copy of COMPLAINT _ MORT FORE _NOT C together wi th 2001 and at the same time directing Hi_~s attention to the contents thereof. Sheriff,s Costs. Docket lng 1 $. 00 Service Affidavit 3.72 .00 Surcharge 10.00 _ .00 Sworn and Subscribed to before me this ~ day of So Answers. Thomas K1 ine 31.72-- 04/11/2001 SPEAR & HOFFMAN CASE NO: 2001-01997 P SHERIFF' S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA- COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS BRACKBILL DONALD L ET AT. CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRACKBILL SUSAN I the DEFENDANT at 233 PINE ROAD at 0017-49 HOURS, on the 10th day of _April , 2001 MT HOLLY SPRINGS, PA 17065 DONALD L. BRACKBILT, (HUSBAND) by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together wi th and at the same time directing His attention to the contents thereof. Sheriff,s Costs- Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this ~4~ day of '~~ '::~ O~ I, A.D. · "' '"i ! --f So Answers: R. Thomas Kline .00 16.00 04/11/2001 SPEAR & HOFFMAN By'_ ~ " ~ P~y She~i SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 !020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN# 9787243 MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTE~ST TO FARMERS TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, VS. DONALD L. BRACKBILL AND SUSAN I. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 01-1997CIVIL TERM TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $49,111.57 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiff s Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff s damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 9.32% from SEPTEMBER 27, 2000 to JUNE 7, 2001 (253 days ~ $10.73 per diem) Accrued Late charges Escrow Advances made by Plaintiff Other Fees Recoverable Advances Attorneys Fees TOTAL AMOUNT DUE BONNIE DAHL, ESQUIRE Attorney for Plaintiff $42,033.62 $2,714.69 $176.85 $516.00 $45.00 $25.50 $3,600.00 $49,111.57 AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $49,111.57 PRO PROTHY SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DONALD L. BRACKBILL AND SUSAN I. BRACKBILL DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1997 CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A tree and correct copy of each Notice is attached hereto, sent as stated. SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.' 9787243 _C_OMPANY SUCCESSOR BY MERGER FROM ~K?._Y_S_TONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERs TRUST COMP ~ANY PLAINTIFF, SUSAN I. BRACKBILL DEFENDANT(S) NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1997 To: DONALD L. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT W1TH~ TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 DAHL, SQUn Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 43 ~Mr~,A~~..A~C.T~__U~ S & TRADERS TRUST J O_M__PANY suc s¥ - PLA/NTIFF, I DEFENDANT(S) I NOTICE To: SUSAN I. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 Date of Notice: ~__---~/~//t~ ] ~ COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1997 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQU~D OF YOU 1N THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FR A JUDGME~ MAY BE ENTE~D AGAINST YOU OM T_HE DATE OF THIS NOTI WITHOU CE, YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A T A HEARING AND YOU MAY LOSE LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOP~ ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHEP~ YOU CAN GET HELP: CUMBE~AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR,, UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. SPEAR & HOFFM~, P.A. BY: BONNIE DAHL, ESQUIpx]7, ATTORNEy I.D. NO. 79294 ~020 N. KINGs HIGHWAy, SUITE 210 CttE~y HILL, NEW JERSEy 08034 (856) 755.1560 ATTORNEy FOR PLAINTIFF MANUFACTURES & T SUCCESSOR 1N 1N~EREST TO TRUST COMPANy FARMERs vs. PLAINTIFF, DONALD L. BRAC~ILL AND SUSAN I. B/L4CKBmL DEVEND.4NT(S) COURT OF COMMON PLEAs CIVIL DIVISION CUMBERLAND COUNTy NO. 01 - 1997CiViL TERM I hereby certify that the correct address of the judgment creditor (Plaintiff) is: MANUFAC~s & TRADERS TRUST SUCCESSOR BY MERGER COMPANY F1N~c~ FROM KEYSTONE BANK, N.A., SUCCESSOR TO FARMERs TRUST 1N INTE~sT PO BOX 840 COMPANY BUFFALo, NY 14240.0840 and that the last known address(es) of the judgment debtor (Defendant (s)) is (are). DONALD L. BRACKBILL AND 233 P1NE ROAD SUSAN I. BRACKB/LL MT. HOLLY SPRINGs, PA 17065 ' '~'~ ~AHL, ESQU1RE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF _C_OMPANY SUCCESSOR BY MERGER FROM KEYSTONE FtN~C~ BANK, N.A., ..... s_9_c soa I T . ST TO TRUST COMPANY VD__O__N_ A~~. PLAINTIFF, 'L. BRACKBILL AND SUSAN . RAC_ ILL DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-1997CIVIL TERM CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: DONALD L. BRACKBILL AND SUSAN I. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 Date mailed: _ ~~/00 f BY: SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 2 ! 0 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DONALD L. BRACKBILL AND SUSAN I. BRACKBILL DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1997CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiffs behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant, DONALD L. BRACKBILL AND SUSAN I. BRACKBILL, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 233 PINE ROAD, MT. HOLLY SPRINGS, PA 17065. SWORN TO AND S.UBSCRIBED BEFORE ME THIS DAY OF~O~ ', 2{~1 . BY: BONNIE DAHL, ESQUIRE MICHELE M. KEEBLER Notary Pu~;:~:'of~New Jersey ~y~o~ssion E~ 5/14/2002 Jtme 6, 2001 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: DONALD L. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DONALD L. BRACKBILL AND SUSAN I. BRACKBILL DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1997CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [3 [3 Judgment by Default Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict [3 Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BONNIE DAHL, ESQUIRE at this telephone number: (856) 755-1560 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: SUSAN I. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 COMPANY SUCCESSOR BY MERGER FROM ~K~ySTONE FIN~C~ B~, N.A., S_U_C__CESSOR IN INTEREST TO FARMERS TRUST COMPANY vs.PLAINTIFF, DONd~'L. BRACKBILL AND SUSAN I. BRAC_KBILL DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1997CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: ~'~ Judgment by Default [3 Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BONNIE DAI-II., ESQUIRE at this telephone number: (856) 755-1560 o t~ ~ · SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF cou x ov cou o ~-b~vlpA~ SUCCESSOR BY MERGEK v-tcuxv, I CU~E~A~ CO~~ ~~[;b~ ~&TE~ST TO F~ERS ~UST [ DOC~T NO. 01-1997CWIL TErn - -- vs. PLA~TIFF, DONALD L. B~C~ILL A~ o~o~ ......... bEFE~ANTS nD VXT TO MA~FAC~~S & T~ERS ~UST COMPA~ SUCCESSOR BY MERGER FROM ~YSTONE F~ANCIAL BA~, N.A., SUCCESSOR ~ ~TE~ST TO F~ERS ~UST COMPAq, Pla~tiff~ ~e above action, by its aRomey, BO~IE D~L, ESQUI~ sets fo~, as of~e date ~e Praecipe for ~e Writ of Execution was filed, ~e follo~g ~fo~fion concem~g ~e reft prope~ located at 233 P~E RO~, MT. HOLLY sP~GS, PA 17065: 1. Name ~d ad,ess of O~er(s) or Repined O~er(s): DONALD L. B~C~ILL A~ SUSAN I. B~C~ILL 233 P~E RO~ MT. HOLLY SP~GS, PA 17065 2. N~e ~d ad.ess of Defender(s) ~ ~e jud~ent: DONALD L. B~C~ILL A~ SUSAN I. B~C~ILL 233 P~E RO~ MT. HOLLY SP~GS, PA 17065 3. N~e ~d last ~o~ ad,ess of evew jud~ent creditor whose jud~ent is a record lien on ~e reft prope~ to be sold: SOU~ MIDDLETO~ TO. SHIP ~ICIPAL AUTHO~~ 233 P~E RO~ MT. HOLLY sP~GS, PA 17065 4. Name ~d ad,ess of ~e last recorded holder of eveW mongage of record: ~~FAC~~S & T~ERS TRUST COMPA~ SUCCESSOR BY MERGER FROM ~YSTONE F~ANCIAL BA~, N.A., SUCCESSOR ~ ~TE~ST TO F~ERS TRUST CO~. PO BOX 840 BUFFALO, ~ 14240-0840 NORTHWEST CDC 227 PENNROSE PLACE CARLISLE, PA 17013 FARMERS TRUST COMPANY 1 W. HUGH STREET CARLISLE, PA 17013 . Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: MABLE R. SATTESON TAX COLLECTOR 3 TRINE AVENUE MT. HOLLY SPRINGS, PA 17065 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE- LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale' TENANT(S)/OCCUPANT(S) 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. SPEAR & HOFFMAN, P.A. I~ONNIE DAHL, ESQUIRE Attorney for Plaintiff Z~:, Zr-'- ! SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 21 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF ?__O_MPANY SUCCESSOR BY MERG~-FROM ~UCCESSOR IN IN ' vs. PLAINTIFF, DONALD iL. BRACKB/LL AND SUSAN I. BRACKB/LL DEFENTDANTS TO: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1997CIVIL TERM DONALD L. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 Your house (real estate) at: 233 PINE ROAD, MT. HOLLY SPRINGS, PA 17065 is scheduled to be sold at Sheriff's Sale on SEPTEMBER 5, 2001 at: 2sx~ CUMBERLAND COUNTY COURTHOUSE FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $49,111.57 obtained by MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTE~ST TO FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to MANUFACT~s & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call' (_856) 755-156_Q0. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. o You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STII~L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 5, 2001 This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ." ALL THAT CERTAIN tract orpareel of/and situate in the Township of South Middleton, County °fCumberland and State °fPennsylvania, more particularly bounded and described as follows, to wit: BEG/NN/NG at a point in the Pine Road (L.R.21008) at the line of lands now or formerly of Clarence A. Bricker and Janet K. Brieker; thence along said latter lands and passing through an iron pin ! 6.23 feet from said beginning point, South 2 ! degrees 51 minutes 20 seconds East 199.07 feet to an iron pin at lands now or formerly of Lester E. Durn; thence along said latter lands South 68 degrees 22 minutes West 88.37 feet to a concrete monument at lands now or formerly of the said Lester E. Durn; thence along said latter lands North 18 degrees 03 minutes West 175.30 feet, passing through an iron pin 21.51 feet from the end of said line, to a point in said Pine Road; thence in said Pine Road, North 51 degrees 04 minutes East 81.36 feet to a point, the p/ace of BEGINNING. CONTA/N]NG .355 acres and being described according to a survey of Thomas A. Neff, registered Surveyor, dated August 18, ! 966, a copy of which is attached hereto. HAV/NG thereon erected a one-story brick dwelling house BEING THE SAME PREMISES which Maurice Stewart Wood, Widower, by his attorney in fact Joy W. Barrett by Deed dated June 27, 1991 and recorded Sune 27, 1991 in the Reeorder's Office in and for Cumber/and County, Pennsylvania in Deed Book Volurne E35 Page 624, Braekbi11, the mortgagors herein, granted and conveyed unto Donald L. Brackbill and Susan I. SPEAR & HOFFMAN, P.A. BY: BONN/E DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW SERSEY 08034 ATTORNEY FOR PLAINTIFF SSOR BY MERGER FROM DEFENDANTS / COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1997CIVIL TERM CERTIFICATION BONNIE DAHL, ESQU/RE, hereby verifies that he is the attorney for the Plaintiffin the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff 0 .. .... ~ i'"? · ALL THAT CERTAIN tract or parcel of land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the Pine Road (L.R.21008) at the line of lands now or formerly of Clarence A. Bricker and Janet K. Bricker; thence along said latter lands and passing through an iron pin 16.23 feet from said beginning point, South 21 degrees 51 minutes 20 seconds East 199.07 feet to an iron pin at lands now or formerly of Lester E. Dum; thence along said latter lands South 68 degrees 22 minutes West 88.37 feet to a concrete monument at lands now or formerly of the said Lester E. Dum; thence along said latter lands North 18 degrees 03 minutes West 175.30 feet, passing through an iron pin 21.51 feet from the end of said line, to a point in said Pine Road; thence in said Pine Road, North 51 degrees 04 minutes East 81.36 feet to a point, the place of BEGINNING. CONTAINING .355 acres and being described according to a survey of Thomas A. Neff, registered Surveyor, dated August 18, 1966, a copy of which is attached hereto. HAVING thereon erected a one-story brick dwelling house BEING THE SAME PREMISES which Maurice Stewart Wood, Widower, by his attorney in fact Joy W. Barrett by Deed dated June 27, 1991 and recorded June 27, 1991 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book Volume E35 Page 624, granted and conveyed unto Donald L. Brackbill and Susan I. Brackbill, the mortgagors herein. Manufactures & Traders Trust Company Successor by merger from Keystone Financial Bank, N.A. VS Donald L. Brackbill and Susan I. Brackbill In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1997 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 06, 2001 at 3:46 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within named defendants, to wit: Donald L. Brackbill, by making known unto Susan Brackbill, wife of defendant, at 233 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17013 its contents, and at the same time handing to her personally the said true and attested copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 06, 2001 at 3:46 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within named defendants, to wit: Susan I. Brackbill, by making known unto Susan Brackbill, at 233 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17013 its contents, and at the same time handing to her personally the said true and attested copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 06, 2001 at 3:46 o'clock P.M., EDST, he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action upon the property of Donald L. Brackbill and Susan I. Brackbill located at 233 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Donald L. Brackbill, by regular mail to his last known address of 233 Pine Road, Mt. Holly Springs, PA 17065. This letter was mailed under the date of July 9, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Susan I. Brackbill, by regular mail to her last known address of 233 Pine Road, Mt. Holly Springs, PA 17065. This letter was mailed under the date of July 9, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $20,000.00 to Attorney Jane Adams (for Attome Bo ' Manufacturers and Traders Trust It bei - h;..~...~, ,_,~ . _ . Y. nme Dahl) for · n~, ,,.t3.,~t om aha ~est price received for the same, Manufacturers and Traders Trust of One Fountain Plaza, 6th FI., Buffalo, NY 14320, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $1,408.11. Sheriff's Costs: Docketing $ Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds ShefiWs Deed 30.00 400.00 15.00 15.00 30.00 10.00 .50 1.00 3.25 1.73 15.00 30.00 325.85 253.62 25.66 25.00 26.50 $1,208.11 paid by attorney 10-05-01 Sworn and subscribed to before me This lwe day of ~ 2001, A.D.~-~~ ~9, '~.~_~ t_~ ProOaofiotary ' So Answers: R. Thomas Kline, Sheriff BY ?---'7[~~' Re'al Estate Deputy WRIT OF EX'EcUT,,.ON a~d/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ' ' COUNTY OF CUMBERLAND) NO. TO THE SHERIFF OF Cumberland _COUNTY: To satisfy the debt. interest and costs due Manufactures & Traders Trust C(]npany Successor by Merger Frcm Keystone Financial Bank, M.A. Successor in Interest~f6 - · PLAINTIFF(S) from Donald L Brackbill and Susan I. Brackbill, 233 Pine Road, Mt. Holly Springs, PA 17065 01-1997 CIVIL 12~3X TERV~ CIVIL ACTION- LAW ---- (~) You are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the poSsession of GARNISHEE(S) as follows: and to notify the garnishee(s) that- (a) an attachment has been issued; (b) the garnishee(s) is/am enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof- (3) If property of the defendant(s) not levied upon an subject to attachment is found in the Possession of anyone other than a named garnishee, you are directed to notify him/her tha! he/she has been added as a garnishee and is enjoined as above stated. Amount Due <$49,111.57 L.L. $. 50 Interest Atty's Comm Arty Paid Plaintiff Paid _~119.72 Due Pmthy Other Costs $1.00 Date: June 8, 2001 REQUESTING PARTY: Name Bonnie Dahl, Esq. Address: 1020 N. Kings Highway, Suite 210 Cherry Mill, J.J. 08034 Attorney for:' ~ Telephone. 856-755-1560 Supreme Court ID No. 79294 Curtis R. Long Prothonotary, Civil Division --- Deputy REAL ESTATE SALE No. 'S ~ the sheriff levied upon the aelenoan't~ interest in the real property situated in _~~-~~- 6uml~dand County, Pa., known and number~ as: 'f~'/'~~d more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. :3ate' ~u.~.~.. / ~.~ 2.oo / _ By' ,/ SCHEDULE OF DISTRIBUTION SALE NO. 52 Writ No. 200 !. 1997 Civil Term Manufactures & Traders Trust Company Successor by merger from Keystone Financial Bank, N.A. VS Donald L. Brackbill and Susan I. Brackbill Filed October 5, 2001 Date of Sa/e: Buyer: Bid Price: September 05, 2001 Manufacturers and Traders Trust $20,000.00 Rea/Debt Interest Attorney writ costs Total $49,111.57 119.72 $49,231.29 Distribution Amount Collected Legal Search $1,408.11 200.00 Sheriff's Costs 1,208.11 So Answers: R. Thomas Kline, Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 52 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND MUNICIPAL CLAIMS Possible unfiled Mechanics Liens and Municipal Claims. MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page . RECITAL: Being the same premmises which Maurice Stewart Wood by deed dated June 27, 1991 and recorded June 227, 1991 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book "E", Volume 35, Page 624 granted and conveyed to Donald L. Brackbill and Susan I. Brackbill, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of L.R. 21008, known as Pine Road. 6. Conditions, easements and restrictions shown on or set forth on the Property Survey for Maurice S. and Rose H. Wood recorded in Deed Book "E", Volume 35, at page 627.. 7. Mortgage in the amount of $52,000.00 given to Farmers Trust Company dated June 27, 1991 and recorded June 27, 1991 in Mortgage Book 1019, Page 173. Complaint in Mortgage foreclosure filed by Manufacturers and Traders Trust Co., successor REAL ESTATE SALE NO. 52 Writ No. 2001-1997 Civil Manufactures & Traders Trust Company Successor By Merger From Keystone Financial Bank, N.A., Successor In Interest to Farmers Trust Company vs. Donald L. Brackbfll and Susan I. Brackbfll Atty.: Bonnie Dahl ALL THAT CERTAIN tract or par- ce1 of land situate in the Township of South Middleton, County of Cum- berland and State of Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point in the Pine Road (L.R.21008) at the line of lands now or formerly of Clarence A. Brick- er and Janet K. Bricker; thence along said latter lands and passing through an iron pin 16.23 feet from said beginning point, South 21 degrees 51 minutes 20 seconds Eas~ 199~07 feet to an iron pin at lands now or formerly of Lester E. Dum; thence along said latter lands South 68 degrees 22 minutes West 88.37 feet to a concrete monument at lands now or formerly of the said Lester E. Dum; thence along said latter lands North 18 degrees 03 minutes West 175.30 feet, passing through an iron pin 21.51 feet from the end of said line, to a point in said Pine Road; thence in said Pine Road, North 51 degrees 04 minutes East 81.36 feet to a point, the place of BEGINNING. CONTAINING .355 acres and being described accord- ing to a survey of Thomas A. Neff, registered Surveyor, dated Augu. st 18, 1966, a copy of which is at- tached hereto. HAVING thereon erected a one- story brick dwelling house. BEING THE SAME PREMISES which Maurice Stewart Wood, Wid- ower, by his attorney in fact Joy W. Barrett by Deed dated June 27, 1991 and recorded June 27, -1991 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book Volume E35 Page 624, granted and conveyed unto Donald L. Brackbfll and Susan I. Brackbill, the mortgagors herein. o · SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF ,, MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DONALD Lo BRAC~ILL AND SUSAN I. BRACKBILL DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1997CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, Plaintiffin the above action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 233 PINE ROAD, MT. HOLLY SPRINGS, PA 17065: Name and address of Owner(s) or Reputed Owner(s): DONALD L. BRACKBILL AND SUSAN I. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 . Name and address of Defendant(s) in the judgment: DONALD L. BRACKBILL AND SUSAN I. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: . SOUTH MIDDLETOWN TOWNSHIP MUNICIPAL AUTHORITY 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 Name and address of the last recorded holder of every mortgage of record: MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMP. PO BOX 840 BUFFALO, NY 14240-0840 NORTHWEST CDC 227 PENNROSE PLACE CARLISLE, PA 17013 FARMERS TRUST COMPANY 1 W. HUGH STREET CARLISLE, PA 17013 o Name and address of every other person who has any record lien on the property: NONE ' ' · · 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: · MABLE R. SATTESON TAX COLLECTOR 3 TR/NE AVENUE MT. HOLLY SPRINGS, PA ! 7065 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE. LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any/merest/n the property which may be affected by the sale: TENANT(S)/O CCUPANT(S) 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE · ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 . ATTORNEY FOR PLAINTIFF TO: COURT OF COMMON PLEAS CUMBE~~ COUNTY DOCKET NO.01-1997CIVIL TERM SUSAN I. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 Your house (real estate) at: 233 PINE ROAD, MT. HOLLY SPRINGS, PA 17065 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5, 200 lat: 2ND CUMBERL~ COUNT~ COURTHOUSE FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $49,111.57obtained by MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must take immediate action. 1. The sale will be canceled if you pay to MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FIN~c~ BANK, SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call-~_856) 755-156~0. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, you may also ask the Court to postpone the sale for good cause. . 3. You may be able to stop the sale through other legal proceedings. You may need. an attorney to assert your rights. The sooner you contact one, the more chance you w/ll have of stopping the sale. (See notice on page two on how to obtain an attorney.) · 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a fight to remain in the property until the full amount due is paid to the Sheriff and the Sher/ffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to er/ct yolj. · 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 5, 2001. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFO~ ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHEP~ YOU CAN GET LEGAL HELP. CUMBERL~ COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUIT TO TIlE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED TItAT TItlS LAW IVIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY PURPOSE. INIvORMATION OBTAINED WILL BE USED FOR TIIAT ALL THAT CERTAIN tract or parcel of/and situate in the Township of South Middleton, County °fCumberland and State °fPennsylvania, more particularly bocn,db,d and described as follows, to wit: BEG/NN/NG at a point in the Pine Road (L.R.21008) at the line of/ands now or formerly of Clarence A. Bricker and Janet K. Br/cker; thence along said latter/ands and passing through an iron pin 16.23 feet from said beginning point, South 21 degrees 51 minutes 20 seconds East 199.07 feet to an iron pin at lands now or formerly of Lester E. Dura; thence along said latter lands South 68 degrees 22 minutes West 88.37 feet to a concrete monument at lands now or formerly of the said Lester E. Dura; thence along said latter lands North 18 degrees 03 minutes West 175.30 feet, passing through an iron pin 21.51 feet from the end of said line, to a point in said Pine Road; thence in said Pine Road, North 51 degrees 04 minutes East 81.36 feet to a point, the place of BEGINNING. CONTA/N/NG .355 acres and being descr/bed according to a survey of Thomas A. Neff, registered Surveyor, dated August 18, 1966, a copy of which is attached hereto. HAVING thereon erected a one-story br/ck dwelling house BE/NG THE SAME PREMISES w/a/ch Maur/ce Stewart Wood, Widower, by his attorney in fact Joy W. Barrett by Deed dated June 27, 1991 and recorded June 27, 1991 in the Recorder's Office in and for Cumberland County, Pennsylvan/a in Deed Book Volume E35 Page 624, Brackbill, the mortgagors herein, granted and conveyed unto Donald L. Brackbill and Susan I. YHESUNDAy PA YRIOY NEWS Proof of Publication Un~r A~ No. ~7, ~mv~ May 16, l~g Commonwealth of Pennsylvania, Coun~ of Dauphin} ~a~ea L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Man Under the laws of the O°mmonwealth of p ..... ~ger. of The Patriot News Oo., a corporation organized and existing Market Street, in ~'~e ~y~van~a, With its principal office and place of business at 812 to 818 ..~ ana ~h n a Pa ri N w ~riot.N ...... the City of Harrisburg, County of Dauphin, 8tare of Pennsylvania, OWner and publisher of Market Street, in - established March 4th, 1854, and 5eptember 18th, 1949, respectively, and all have been continuously Published ever since; newspapers of general Cimulation, printed and Published at aforesaid; that The Patriot-News and The ,ne .... 81R to 81 ""Y re'not-News were That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or 5Undaw Metro editions which appeared on the R4th and 31st day(s) of guly and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or adve~ising, and that all of the allegations of this statement as to the time, place and character of publication am true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to veri~ this statement on behalf of The Patriot-News 0o. aforesaid by Vi~ue and PUrsuant to a resolution unanimously Passed and adopted severally by the Stockholders and board o the office for the Recordin Volume 14, Pan o,~ g of Deeds in a ~ .... f. directors of the · _ ~e ~ ~. nd ,u~ aais Cou~t, ~ ~ said COmpan,, ~,~, ._ , ~, uauph~ in Misc~,,~'~u s~Osequently ~UULICATION // s ...................................... ........ .. ........ · ','.~L E ' -~-' ..... ., '~'~ -~.-. -~. t . W~ ~ ~ '"".'"~ - ..., .. ":: '~: ~ ~. :" ~ '~~ommtssion expires dune 6, " 2002 ..." "' .;'." "" '":' CUMBERED OOU .. · ~ ~u ~OU~ CARLISLE, PA. 17013 '" ,~/ Statement of Advertisin , ~ si~ua~'i, ~.)al~'~ or'- · For Publishinn t ~ ~(OT-NEW8 OO., Dr ' : · ~ r~ .. P~-~ , h~ not~ce or Publication ~ttached "~m~rla~ ~ e,.~ hereto on the above stated dates . a.~ ~ Probating same Total Nota~ Fee(s) $ 252.12 1 Publisher,s Recel The Patriot New ' 253.62 circulation, h~,~. . s Co., publisher of The p--. P~ for Advertising Cost ..... ~uy acknowledge amot-N )een duly paid. receipt of th~and ~h _ e afomsal~ notice ,a~ot-Ne, a.,a publica~;~,~, b.,, ~uam and ..... ~--~,0 of general ~en~fies that the same have ' PROOF OF PUBLICATION OF NOTICE IN CUMBERL~D LAW JOURNAL (Under Act No. $87, approved May ! 6, 1929), p. L. 1784 STATE OF pENNSYLVANiA . COUNTy OF CUMBERLAND . ss. Roger M. Morgenthal, Esquire, Editor o£the Cumberland Law Journal, o£the County and State a£oresaid, being duly Sworn, according, to law, deposes and says that the Curnberl~d Law Journal, a legal periodical Published in the Borough O£Carlisle in the County and State a£oresaid, was established January 2, 1952, and designated by the local Courts as the o£fi¢ial legal P. eriodical /'or the Publication o£ all legal notices, and has, since January 2, ! 952, been regularly ~ssued wee/dy in the said County, and that the printed not/ce exactly the same as was printed in the regular or publication attached hereto is Journal on the following editions and iSSUes of the said Cumberland Law viz: dates, Law Journal, a legal per/od/ca/of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character' °f publieation are true. .ern~,t by tt~e Cumberland Writ No. 2001-1997 Civil Man, Ufactures & Traders Trust Company By SUCcessor Merger From K F/r~an.;..~ .-. . eystone 6UCCessor. - , N.A., in Interest to Far. ers Trust Company vs. Dona/d L. Brackbill and Susan I. Brackbill Atty.: Bonnie Dab./ ce/~A~eL, T/~. T. CERTAIN twa "~ lanc~ sitUate in .L.. ~t or par- ~ ~ ownsh/p SWORN TO AND SUBscRIBED before .~_3~day of~ rne this Spear & Hoffman, P.A. BONNIE L. DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1997CIVIL TERM DONALD L. BRACKBILL AND SUSAN I. BRACKBILL Defendant CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was served on all persons appearing on Plaintiffs Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. BY: Respectfully submitted, SPEAR & HOFFMAN, P.A. BONNIE L. DAHL, ESQUIRE ~0 o. Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en/as paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notification. Haee falta asentar una eomparencia escrita o en persona o eon un abogado y entregar a la corte en forrna eserita sus defensas o sus objeeiones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notifieaeion. Ademas, la torte puede de¢idir a favor de/demandato y requiere que usted eumpla eon todas /as provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UNABOGADo INMEDIATAMENTE, S/NO T/E~ ABOGADO O S/NO TIENE EL D/NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC/NA CUYA D/RECCION SE ENCUENTRAESCR/TA ABA$o PARA AVER/GUAR DONDE SE PUEDE CONSEGU/R ASISTENC/AL LEGAL. CUMBERZAND COUNTY BAR ASSOC/ATION 2 L/BERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: ROBERT W. CUSICK Attorney I.D. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. · 9787243 MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FIN~c~ BANK, N.A., SUCCESSOR IN [NTE~ST TO FARMERS TRUST COMPANy PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBE~A~ COUNTY DOCKET NO. DONALD L. BRACKB~L AND SUSAN I. BRACKBtLL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 DEFENDANTS 1. Plaintiff is MANUFAC~s & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTE~ST TO FARMERS TRUST COMPANY, with its principal place of business located at PO BOX 840, BUFFALO, NY 14240- 0840. 2. The names and last known addresses of the Defendants are: DONALD L. BRACKBILL AND SUSAN I. BRACKBILL, 233 PINE ROAD, MT. HOLLY SPRINGS, PA 17065. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about JUNE 27, 1991, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to FARMERS TRUST COMPANY, which Mortgage is recorded as follows: · DATE OF MORTGAGE: JUNE 27, 1991 TY~_____.___ DATE RECORDED: JUNE 27, 1991 BOOK: 1019 PAGE: 173 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about JUNE 27, 1991, in consideration of their indebtedness to FARMERS TRUST COMPANY, DONALD L. BRACKBILL AND SUSAN I. BRACKBILL made, executed and delivered to FARMERS TRUST COMPANY their promissory Note in the original principal amount of $52,000.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present ho/der of the Mortgage by virtue of the following assignments: ASSIGNOR: N/A ASSIGNEE: N/A DATE OF ASSIGNMENT: N/A RECORDING DATE: N/A BOOK: N/A PAGE: N/A 7. The Mortgage is secured by property located at 233 PINE ROAD, MT. HOLLY SPRINGS, PA 17065, which is more particularly described in the legal description. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due OCTOBER 27, 2000 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. , The following amounts are due on the Mortgage: Principal Balance 9.32% interest from SEPTEMBER 27, 2000 to MARCH 8, 2001 at $10.73 per day Accrued Late Charges Escrow Advances made by Plaintiff $42,033.62 $1,738.26 $176.85 Other Fees $5 ! 6.00 Recoverable Advances $45.00 Estimated Attorney's Fees $25.50 TOTAL AMOUNT DUE _$_3,600.00 $4~8 135.23__ /merest continues to accrue at the per diem rate of $10.73 for every day after MARCH 8, 2001 that the debt remains unpaid. 10. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. ~;403 is not applicable. 11. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(e), notice was sent to Defendants, dated JANUARY 26, 2001. Copies of the notices to the defendants are attached as Exhibit "C". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time/imitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment 1N REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. SPEAR & HOFFMAN, P.A. ROBERT W. CUSIC-~--~ The undersigned hereby states that he/she is an authorized officer, representative or agent for Plaintiff in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint are taken from records maintained by persons SUpervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary Course of business and that those facts are true and correct to the best of his/her know/edge, information and belief. THE UNDERSIG~D UNDERSTANDs THAT FALSE STATEMENTs HEREIN ARE MADE SUB.IECT TO THE PENALT/ES OF 18 PA.C.S. §4904 RELAT~G TO UNSWo~ FALSIFICATION TO AUTHo~IES. RECO~i'[~ATION REQUESTED BY: Farmers Trust Company One West High Street Carlisle, PA 17013 WHEN RECORDED MAIL TO: Farmers Trust Company One West High Street Carlisle, PA 17013 SEND TAX NOTICES TO: Donald L. Brackbill and Susan I. Brackbill 9 East Street, Apt. 13 Mt. Holly Springs, PA 17065 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED JUNE 27, 1991, between Donald L. Brackbill and Susan I. Brackbill, owner(s) in 'fee simple, whose address is 9 East Street, Apt. 13, Mt. Holly Springs, PA 17065 (referred to below as "Grantor"); and Farmers Trust Company, whose address is One West High Street, Carlisle, PA 17013 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable considerstion, Grantor grants, bargains, sells, conveys, asaigne, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and rodures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appudenances thereunto belonging or anywise made appudenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): see Exhibit A township: South Middleton Township The Real Property or its address is commonly known as 233 Pine Road, ML Holly Springs, PA 17065. Grantor presently assigns to Lender all of Grantors right, title, and interest in and to all leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Modgage shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Grantor. The word "Grantor" means Donald L. Brackbill and Susan I. Brackbill. The Grantor is the mortgagor under this Mortgage. Guarantor. The word "Guarantor" means and includes without limitation, each and all of the guarantors, sureties, and accommodation padles in connection with the Indebtedness. Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, fixtures, buildings, structures, mobile homes affixed on the Real Property, facilities, additions and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with interest on such amounts as provided in this Modgage. Lender. The word '1.ender~ means Farmers Trust Company, its successors and assigns. The Lender is the modgagee under this Modgage. Mortgage. The word "Mortgage" means this Mortgage belween Grantor and Lender, and includes without limitation all assignments and securily interest provisions relating to the Personal Property and Rents. Note. The word "Note" means the promissory note or credit agreement dated June 27, 1991, in the original principal amount of $52,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above in the "Grant of Mortgage" section. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, guaranties, security agreements, modgages, deeds of trust, and all other instruments and documents, whether now or hereafter existing, executed in connection with Grantors Indebtedness to Lender. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the '!. 01.,9 ! ,-, 3 THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY~ IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS _ MORTGAGE .... '"'"'~" Page 2 (Continued) PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due, and shal! strictly perform all of Grantors obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Poeee~Mon and Use. Until in default, Grantor may remain in possession and control of and operate and manage the Properly and collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform ail repairs, replacements, and maintenance nece~__~ry to preserve its value. Ha2ardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this Mortgage, shall have the same meanings as set fodh in the Comprehensive Environmental Response, Compensation, and Liability Act d 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CER~~, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or about the Properly. (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relaling to such matters. (c) Except as previously disclosed to and acknowledged by Lender in writing, (i) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or. substance on, under, or about the Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Grantor authorizes Lender and ils agents to enter upon the Property to make such Inspections and tests as Lender may deem appropriate to detarmine compliance of the Property with this section of the Modgage. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for hazardous waste. Grantor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Modgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantors ownership or Interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Modgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nui~ance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Properly. Specifically without limitation, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at ail reasonable times to attend to Lender's interests and to inspect the Property for purposes of Grantors compliance with the terms and conditions of this Modgaga. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing pdor to doing so and so long as Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duly to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Mortgaga upon the sale or .transfer, without the. Lender's prior written consent, of all or any pad of the Real Property, or any Interest in the Real Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest therein; whether legal or equitable;, whether voluntary or Involuntary;, whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold Interest with a term' greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of Real Property interest. If any Grantor is a corporation or padnership, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock or partnership interests, as the case may be, of Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Modgage. Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having pdodly over or equal to the Interest of Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided in the following paragraph. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Properly. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the ... · .' ."-" page 4 "'.'" ' ~ .... -. - ...~ ::.'-7.- ., .. ~i:'?i!~::~ MORT GAGE '.=:.-.'~ other action is requested by Lender to · ts and take whatever · · in the real property te tinanclng_statem.en " to recording this M.ortg ._g .... ,,4,~ns of this shall execu In addition ur . . _ est by Lender, G. rentor_ nd Personal Property. _ ..,,,~,uted counterparts, cop!~.,__ ,.~ security interest... interest. Upon req,.u . rest in the Rents a. . Grantor, fil= =,---,-- . ntinum,~, .... Sectllltya ntinu, Lender · ,._s_ecufitY inte., turther authon, zatio_n from arises incurred in pe~__~_ fi. rig., ~ ~ ntor and Lender and make it effect nd co 'me and without . · er for all exp nveme ...... re P a at any ti reimburse t. nd reasonably co records, Lender _m_ y: tment. Grantor shal_ I . · manner and.at a place .g, - ' t,, ,, · and L,,d,r. Mortge ........ tot shall assemb ...... '--., of written dam linen (:letaul[, t3,=, .......... ~ davS attar re~,,~,,-. . red arty), from which information concerning the security interest ~alleble to Lender wlmm re,e,, ~-,/ ',- and Lender (secu P · · as stated on the first page of this Mortgage. AddreSses. The mailing addresses of Grantor _(.de.b~t,,~red by the Uniform Commercial Code), ar are a part of this granted by this Mortgage may be obtained leach ~ ,-H,. - FURTHER ASSURANCES; ATTORNEY-IN-FACT' The following provisions relating to further assurances and attorney-in-fact cause to be · use to be filed, recorded, retied, or upon request of Lender, Grantor will make, execute and deliver, or will Mortgage. . _ er's designee, an.d __ cter may dee,,, .-+,~,-~ assurance, Further Assurances. At any time, and from time to time, . when request.ed by Len_d_er....ca,,,,.,riate' any and all such mo~...ga.ges, to Lender or to Lend ffices anct places as Lan instruments of further uted or delivered, times and in such o tion statements, ada, exec .... uch nts continua m oe, m=~ · stateme , ..... ,,~,.~ . as the case .may. _ . reements, tinancmg re~ ... . -...;,., ~ee(:ls, secu ty g deeds of trust, s~-uu,,,~ -- the indebtedness or such Guarantc-' Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of Lender, at its option, n~y exarci:~ dies or becomes incompetent. S AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, .RI..Gi,?,,= ~ more of the following fights and remedies, in addition to any other rights or remedies provided by law: te complete, perlect, continue, or or desirable in order to effectus b' the liens and security Interests · · Lender, be necessarY ted Documents, and ( ) nless prohibited by taw · the sole opinion of · rta e, and the Reta ired by Grantor. U . matters nts as may, in Note, this Mo g g or hereafter acqu onnection with the and other d0c.u.m? .. . Grantor under the _ hether now owne..d _ _ rises incurred in c me obligations of. _ -. on the Property, .w ..... ,~.-, r a~t costs and expe presmve (a)i Mortgage .as fi. mt a_n_d ~no~ine~ns~ra r shall reimourse ~-=-'~"' fo r ma do so for and i, the name of in this paragraph. · alerted to in the p.r.e ___ . n er as Grentor's..~tt~ ~Y'__.,...,, = ooinion, to referred to .... . an of the things r__ · vocal31Y appoints Lei d__ ireble, m ~e,u-,- ..ole -.- _ t If Grento~ tads t..o do _~Y_ .... ,~ Grantor hereby ir.r?: ...... ,, be necesSarY or des -In-Fa_c_. -- I-or SUCh pu, t~,,~,.-, _ her trtlngs u~ .... Att~ ....... *,.r's expense ....... ,~ cluing all et Grantor eno m ~3,~,,,,, _,_,....,~,,,, filio, recoromg, =,,'.' · ue a -the. rv~.ise p dorms all t.he obllg, a.tions_,_P_~ ,,--,,,i lion of any linanclng accomplish the matters referred to' the receding paragra,ph · ' ' of making, executing; uu,,,= .... ~,, ....n... . h im osed upon Grantor under this ..... all the Ind . · f,~tton of this g .... ,.,===rtRMANCE. If Grantor .pa.y~ ..... ~-,ontor a suitable Sails .t'.u~.~_ _r__~:,-;.--~;~.., hall execute ancl oe,ver ~u ,=,,. Rents and the personal Property. Grantor will pay, if permitted by applicable Mortgage, ,-~ .... s security interest in the statement on file evidencing Lender's reasonable termination fee as determined by Lender from time to time. DEFAULT. Each of the following, at the option of Lender, shall constitute an event et default ("Event of Default") under this Mortgage: Oetauit on Indebtedness- Failure of Grantor to make any payment when due on the Indebtedness- Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or any other payment necesSarY to prevent filing o! or to effect discharge of any lien. ComPliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in any of the of Grantor under this Mortgage, the Note or the Related Documents. ' BreacheS. Any warranty, representation or statement made o.r !urn. lsh_e_.d, to Lender by or on behalf Related Documents is, or at the time made or furnished was, raise in any material respect. , any assignment for the benefit of .creW. itors, r s roperty, on or termination of · for any pad of Granto P · renter, or the dissoluti . death of ....... ~,,~,,,ent o! a receiver ..... , ..... bv or against G ......... oannsylvanm taw, the · of Grantor, appu,, ..... tc or insolvency ~a,,o ~ · · ! (3era, mw ,., --- .- The insolvency . n bankrup Y nt roh~b~ted by · Insolvency. eedln under a Y. . Excet to the exte P . · nce as a go g nas itute an Evunt o fau · or an ome~ -,~-'-' , - or Grentor's ex, ate .... also shall const · if-hel , repossession . Y ntor as to the validity ntor ' Grantor is an individual) · - er b 'udicial proceed~ng:.se .... P od leith d~spute by G. re .... ,.- °,, tumisheS Gre (if -. -, ,..-,,,-losure, wheth Y l ....... "' ;n the evunt of a go ....... otice ot SUCh sm,,, .... d f the P var th s reclosure, provided that Grantor gives Lenc~e t a amst any o · · basis of the fo t IS not remedle0 Gren or g claim which is the der ntor and Lender the lc, ,=asonableness of the ....... ,,.~,, atisfactory to Lan · · ....... ement between Gre! ..... ~h~ oblk3ation of Grantor '"-- or a surety boncl tor m~ ,~,,~ .... S . the terms of any ome_~. resew~_ ment. Any breacl~ by G..r_a_n.t.~u,.n,~irmitation any agreemem ~'"'- ....... ~ _n. Breaclt of Other Ag.re? .... ~.~--d therein, inclumng within any grace perloo Accelerate indebtedness- Subject to applicable law, Lender shall have the fight at its option without notice to Grantor to declare the anti- of a secured party un(;, indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the personal Property, Lender shall have all the rights and remedies amou · n/ - ,- ,..---erence of this nght,.Le the Uniform Commercial Code. the Property and collect the Penis, including der's costs, against the indebtedness, m ,u,,,, n If the Rents are collected by LenL Collect Rents. Lender shall have the fight, without notice to Grantor, to take possession of s over and above__Le se fees directly to Lender.. ....... nt thereof in the · a I the net proceed, a merits of rent or u . ants receivecl in pay,,,- s demand un aid, and PP Y · to make P Y orse rostrum · rise to Lender' . past due and .P ....... ,her user of the Prop ~_rty ..... -,.,neY-in-fact to end _ to Lender in respo. .. exercise re uire any tena-~ .u., ..... Lender as uranmrs _=,,,," - bv tenants or other use? .... .,~,,,~n~ 'sled Lender maY may q . abl designates roc ads payments ~ s tor m~ ~,~ ....... ext · then Grantor irrev?_c.. Y me and collect the P e_ · r not any proper ground and to negot~at.e the ..s_~ nfs are made, whether o Grantor · · hich the payme satisfy the obligations tot w ant or through a receiver. - ....... nv ,.,art of the PropertY, with the_ power. ...... ,-. ,-erson, by ag , - ......... sion o~ a, u, ,, ,_- ..... ~,.. pr~,3erty and Iver Lender shall h. ave me e Pro erty precedi.n.g fo_re~,.o',,,,~,,,~,_~ The receiver may._sew_~ .... ,,,,~,~ the Indebtedness t Race te the P , ,, - ,,,,.,,-, Appoint ~e the Property, tO o.p.ere_' .....-4vershio, against the Induy ~, ":::-rent value of the property rotect and prese st o~ m~ ,~,-. r. r or not me appa . Proceeds, over and abov_e._t,h_,eeC~ of a receiver shall .ex,st ~_h.e_th_~..on from serving as a receiver. _ __,.. PLender'sright to the appom-,, t b Lender shall not disqualifY a.p:~= .. ' · r st in all or any part of the Property__.. attorr substantial amount. Employmen Y_ _. ' ' I decree foreclosing G,=ntor s inte e ....... ~.,, ,,, horizes and empowers any ute Lender may obtain a ~ud~cia the Property, (srantor n~,~,,~ ..t Judicial Foreclos · _ .; ,.,,.~4,,~rintl oossession of ..~?'-:';., Page 5 MORTGAGE ' "' "~ -':'"'~: (Continued) any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Modgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by nonjudicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section, oma a tenant at sufferance of Lender_ or th? purcha.:~..._.of_. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall bu: 'mrne~mte the Property and shall, at Lender's option, either (a) pay a reasonable rental for the of the Property, or (b) vacate the Property i upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Modgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. #otice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.' i s A waiver by any party of a breach of a provision of this Modgage shall not constitute a waiver of or prejudice the Waiver; Electi0. n of Re.m_e~e.... . · with that revision or any other provision. Election by Lender to pursue any remedy shall not party's fights otl~erwise to de,,~,nd strict compliance P exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage. Attorneye' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Modgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any coud action is involved, all reasonable expenses incurred by Lender that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shell become a part of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid at the Note an limits under applicable law, Lender's attorneys' fees lion however subject to Y · to mod or vacate · without limits' , ' s including efforts ify rate. Expenses covered by this paragraph include,. .... . ' f es for bankruptcy proceeding ( and legal expenses whether or not there is a lawsuit, including attorneys · any automatic stay or injunction), appeals and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' repeals, and appraisal fees, and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES 1'O GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing and shall be effective when actually delivered or, if mailed, shall be deemed effective when deposited in the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this Modgage by giving formal written notice to the other padles, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. MlSCELI. ANEOU$ PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. ThLe Mortgage shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. ' Merger.. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written' consent of Lender. Multiple Parties. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean e~ch and every Grantor. This means that each of the persons signing below is responsible for all obligations in this Mortgage. · - '. · to be invalid or unenforceable as to any person .or Severability. If a court of competent jurisdiction finds any provision of thl.s. Mortgag _._ ircurnstances. If feasible, any s.u~n circumstance, such finding shall not render that provision' v lid or unenforceaDle as.to any oth_.e_.r, _p. ersons or c..~ ,,.~ n ,~ ino provision cannot oe within the tim' "ty ..... I offending provision shall be deemed to be modified to be tn a its of enforceat~dl or vahd~ty, however, - offend .- t,.& so modified, it shall be stricken and all other provisions of this Mortgage in all other respects shall remain valid and enforceable. (:~ Succe~aor$ and Assigns. Subject to the limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon ~ and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property beco~ Vested C~) in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time I~ of the Essence. Time is of the essence in the performance of this Mortgage. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unlem: such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver such right or any other right. A waiver by any party of a provision of this Modgage shall not constitute a waiver of or prejudice the party's rigid'_ otherw~ to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing betweec Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenev~' consent by Lender is required in this Modgage, the granting of such consent by Lender in any instance shall not constitute continuing consent subsequent instances where such consent is required. ........... ,,..~.. ~,,,~,.,~nn ~nd bv thiS reference is made a part of this Mortgage just as if all the provisions Page 6 terms and conditions of the Exhibit had been fully set fodh in this Mortgage. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: X ~:::::::'~ ;':': ~::::":""~' .~.:-:-.v.,- .,.;~..,-.' .::.,. ................. Susan I. Brackbill Signed, .a~knoWl~d-~nd delivered in the presence of: X~ ............ p. ~-~..w ~1 ~ . I hereby certify, that the precise address of the modgagee, Farmers Trust Company, heroin is as follows: One West High Street, Carlisle, PA 17013 INDIVIDUAL ACKNOWLEDGMENT STATE OF ~Pennsylvania COUNTY OF Cumberland ) 88 On this day before me, the undersigned Notary Public, personally appeared Donald L. Brackblll and Susan I. Individuals described in and who executed the Mortgage, and acknowledged that they signed the Modgage as' their free for the uses and purposes therein mentioned. Given under .~'hand and 2 7th ~OT^~IAL at , : ~c,._' ... . -' E~ expires . LASER PRO (tm) Vet. 3.13a (c) 1991 CFI Bankers Service Group, inc. All rights reserved. [PA-G20 F3.13 P3.13 BRACKDL.L NJ ,. · ,, .,:.'.. '%1~...,.:.~',+ ~..,~,,¥ ,~., ,:~ · ~ ~t Street, Apt. 13 M~n Om~ Mt. ~1~ Springs, PA 1~8 One West High Strut _ ~i~ ~lbit A i~ ~ched to ~nd b~ this r~mnce ~ m~e ~ p~d of e~ch De~ of Trust or Mod~, d~t~ Jun~ ~, 1~1, ~ ~~ in ALL THAT CERTAIN ~r&c~ or parcel of land situate in ~he To, ship of Sout. h M£ddlet. on, Count. y of Cunfl:}erland and S~a~e of Pennsylvania, more par~icularly bounded and described as follows, ~o wi~ BEGINNING at a poin= in ~he Pine Road (L.R. 21008) a~ ~he line of lands now or formerly of Clarence A. Bricker and Jane~ K. Bricker~ ~hence along said la~er, lands and passing ~hrough an iron pin 16.23 fee~ from said beginning point, Sou~h 21 degrees 51 minu~es 20 seconds Eas~ 199.07 fee~ ~o an iron pin a~ lands now or formerly of LesSer E. Dum~ ~hence along said lat~er lands Sou~h 68 degrees 2.2 minutes Wesg 88.37 feet go a concrete monumeng at lands now or formerly of the said Lester E. Dum; thence along said latter lands North 18 degrees 03 minu~es Wes~ 175.30 fee~, passing ~hrough &n iron p~n 21.51 fee~ from ~he end of said line, to a point in said Pine Road~ ~hence in said Pine Road, North 51 degrees 04 minu~es Eas~ 81.36 fee~ ~o a point, ~he place of BEGINNING. CONTAINING .355 acres and being described according to a survey of Thomas A. Naff, Registered Surveyor, daged Augusg 18, 1966, a copy of which is a~ached hereto. HAVING ~hereon erected a one-story'brick dwelling house. BEING the same premises which Maurice Stewart Wood, Widower, by his. attorney-in-fact, Joy W. Barrett, granted and conveyed to Donald L. Brackbill and Susan I. Brackbill, his wife, Borrowers herein. THIS EXHIBIT A IS EXECUTED ON JUNE 27, 1991. BORROWER: X Don-.~l L. B~ackblll :~usan I. B~ackblll "' ' ...............~:-' LENDER: · Farme~ T st. ny · . ----_ LASER PRO (tm) Ver. 3.13a (c) 1991 CFI Bankers Service Group, Inc. All rights reserved. [PA-G60 F3.13 P3.13 BRACKDL.LN] Exhibit "B" , PROMISSORY NOTE ............. .... ............... ~Ol'l'ow~r.- ~ld I., Brackbill Su~n I, Brackbill I. ender~ Farmers TfuM C~ml~n¥ ~ ~ 81r~el, Apl, 1~ Main Offlc~ Mt. Holly Springs, PA 17065 One West High Slree! PROMISE TO PAY. I promise 1o pay Io Farm DIIt~ Of Note: June 27, 1991 .p.rl_.ncipal .am0_un! of Fifty' Two Th ........ _r~_.e_? T_ruM Company ("Lender-t ,~. ,m-~, unlil paid In full ~,.,~,.u ~ uw~oo Dollar~ ($52 nn,~ ,~,~, .... ;.,_-. order, in lawful · The inlefes! tale will · __ ,~--_..-,,,,h ~-gemer money of the Unilm:l 8tMe~ of not Increase above ls.000%, wilh Interest on the unpaid principal balance from Jun~ 27, PAYMENT. SubJec! 1o any payment changes resulling from changes in lhe Index, I will pay lhi. loan in accordance with Ihe following PaYmenl ,chedule: 36 con,eculive monlhly paymenl$ of $436.39 each, beginning July 27, 1991, wilh inlereM calculalerl on Ihe unpaid Principal balance, al an inleres! rate of 9.0o0% per annum; 263 conseculive monlhly PaYments of $441.38 each, beginning July 27, 1994, With inleres! calculated on lhe unpaid principal balances al an inlere$l tale of 3.500 percentage poinl, over lhe Index ~lescribed below; and 1 payment of $4311.$2 on June 27, 2016, wilh Inlere$! calculaled on Ihe unpaid principal balance~ al an inlereM tale of 3.500 percenlage poinl, over lhe Index clescdbed below. This eMImaled final PaYmenl I, based on as~umplion fha! all paymenls will be made exaclly as scheduled; lhe aclual final PaYmen! will be for all principal and accrued inlere$! no! yel paid, Iogelher with any olher unpaid amounls under lhi$ Nole. Iht®ms! on this Note is computed on a 30/360 simple Interest b~sis; that is, with the exception of odd days in the first Payment period, monlhly Interest is calcu~l®d by applying the ratio of the annual interest rate over a year of 360 days, Interesl for the odd days is calculated on the basis of the actual days lo the next full limes the outstanding Principal balance, limes a month of 30 days. shown above or al such other place as Lender may designate in writing. Unless month and a 360~¥ year. I will pay Lender ~! L®ndef's address otherwise agreed or required by applicable law, payments will be applied first lo accrued unpaid interest, lhen lo principal, and any remaining amount lo any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time lo time based on changes in an index which is the Monthly, average of weekly, average auction rates on United States Treasury Bills with a matudly of six monlhs. (the "Index"}. Your interest rate will not increase of decrease if a change in the index is less than one-quarter percentage point on any change date. Lender will t®11 me the current Index rate upon my, request. I understand that Lender may make loans based on other rates as well. The interest rate change will no/occur more often than each year. The Index currently is 5.650% per annum. The inlere$! tale or tales 1o be applied Io lhe unpaid principal balance of lhi. Nole will be the tale of tales sel forlh above In lhe "Paymenl" seclion. SubJec! 1o any specific Nole provislon$1o lhe conlrary, any variable InlereM tale lied 1o Index will be calculaled as of, and will begin on, the commencemenl dale indicaled for Ihe applicable PaYment Mream. NolwllhManding foregoing, the variable inlere$1 tale or tales provided circumstances will the interest tale on this Note be more for in this Nole will be subjec! Io #lC following maximum rale. NOTICE: Under no Nolwi/hstanding lhe above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will nol exceed 2.000 than the lesser of 15.000% per annum of the maximum rate allowed by applicable law. percentage points. Unless waived by Lender, any Increase in lhe interesl rate will Increase the amount, of my Payments. PREPAYMENT. I agree thai all loan fees and o/her prepaid finance charges are earned fully as of the dale of the loan and will not be subjecl lo refund upon early, Payrnen/(whether voluntary or as a result of default), except as olherwise required by law. Except for the foregoing, I may pay without penally all or a portion of the amount owed eadler than it is due. Early paymenls will no/, unless agreed obligation Io continue to make payments under the Payment schedule. Rather, they will reduce the principal balance due and may result in my making fewer Payments. lo by Lender in wfiling, relieve me of my LATE CHARGE. If a payment is 15 days or more late, I will be charged $.000% of lhe regularly scheduled PaymenL DEFAULT. I will be in default if any of the following happens: (a} I fail Io make any payment when due. (b) I break any promise I have made 1o Lender, of I fail 1o perform promptly at/he time and strictly in the manner provided in this Note or any agreement related lo this Note, of in any other agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by, me or on my, behalf is false of misleading in any material respect. (d) I die or become insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, of any proceeding is commenced eilher by me of against me under any bankruptcy or insolvency laws. (e) Any credilof Ides to take any of my properly on or in which Lender has a lien or secudty inlerest. This includes a garnishment of any of my accounts wilh Lender. (f} Any of the events described in this default section occurs with respect Io any guarantor of Ibis Note. LENDER'S RIGHTS. Upon default, Lender may, declare the entire unpaid principal balance on this Note and all accrued unpaid interest Immediately due, without notice, and then I will pay thai amounL Lender may hire or pay someone else to help collect this Note if I do not pay. I also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's altomeys' fees and legal expenses whether lawsuit, Including attorneys' fees and legal expenses for appeals, and any anlicipaled "os/;u-' ........... bankruptcy_proceedings includln other sums r · ,., -~ u~,.~,m co,ecdon servic ( ' g efforts lo modi or v. or not them is P ov~ded b I es If not r ~ ac. ate an aulo y aw If 'ud men ' · P ohibiled by a I~ca I ¥ rrml~ stay or in u J g t~s ' b entered in PP · law I ~j nction · connection with thi · , also will pay an c · )' s Note, ~nterest will continue f - Y. ourt costs, ~ .addilion to all Interest rate applicable to this Note at the time judgment is entered. This Note has been delivered t~) tccrue on th~s Note after Juagment at the Commonwealth of Pennsylvania. If there Is lawsuit, I agree upon Lender's request to submit lo ender and_acceple(i .Ir,/Lender in Ihe .~ounly, lira Commonweal a o, Pon..y,v.n,..a.,, be ,ove .e, by ..d o, he o, construed In accordance with lite law, of Ihe ~IGHT OF SETOFF. I grant to Lender a contractual possessory security interest in, and hereby, assign, convey, deliver, pledge, and transfer to Lender dl my right, title and interest in and to, my accounts with Lender (whether checking, savings, or some other account), Including without limitation all Lccounts held jointly with someone else and all accounts I may open in the future, excluding however all IRA, Keogh, and trust accounls. I authodze .ender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. :OLLATERAL. This Note is secured by a Mortgage dated dune 27, 1~1, to Lender on real property located in Cumberland County, Commonwealth f Penns~nia, all the terms and conditions of which are hereby incorporated and made a part of this Note. '*.';?"' ~'~'.~' PROMISSORY NOTE ~'"":'~=~ (Continued) :'" ''~' Page 2 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew, extend (repeatedly and for any length of time) or modify this loan, or release any party or guarantor; or Impair, fail to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. The obligations under this Note are joint and several. This means that the words "1", 'me", and "my" mean each and all of the persons signing below. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceabilily of any other provisions of this Note. PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALI. THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE. X ~'"':~~'""":":":" ~:':'"'"'"'"'~' ~:':':'.":"-'-"-":': ............. ~.'-'-', ......... ~, ............... · rackbill .............................. · ............. ':': Susan I. Brackbill ........................... Variable Rate. Irregular. LASER PRO (tm) Vet. 3.13a (c) 199~ CFI Bankers Service Group. Inc. All rights reserved. [PA-D20 F;).15 P~.13 BRACKDL.LN] Exhibit "C" Mortgage Corporation A SUBSn~L~ O~ M~r~ · Owr 140 Years ofFx~erienc~ B~hind Us January 26, 2001 ... .. 1-800-724-1633 Susan I Brackbill 233 Pine Rd Mt Holly Sprin~s PA 17065 RE- Homeowner's Name(s): Donald L Brackbill ' Susan I Brackbill Property Address- 233 Pine Rd Mt Holly Sprin~s PA 17065 Loan Acct.No.: 978724-3 Curent Lender/ Servicer: M&T Mortgage Corporation HOMEOWNER' S EMERGENCY MORTgAgE ASSISTANCE PRO~RAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBILE 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 OTHER ELIGIBILITY 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 form the date of this Notice. During this time you must arrange and attend a "face-to-face,, meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT',, EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agenices listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,, addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, M&T Mortgage Corporation · Correspondence · RO. Box 840, Buffalo, New York 14240-0840 M&T Mortgage Corporation · Payments · RO. Box 444, Buffalo, New York 14240-0444 Mortgage Corp "oration ...... A SUSSmlAi~ OF ~r~. Over 140 ~?ars of~perience Behind Us you have the ri-ht ~ - 1-800-724-1633 , ~ ~o apply for financial assistance fr Homeowner s Emergency Mortgage Assistance Pro ra om the you must fill out', si-n ....... ~ m. To do so Assistance Pro,ram Applicat' ~ ~n~ ~±e a completed Homeowner, s Eme ~cr_edit counselin~ a~enc-'~- ~.on_ with one of the de~,' ..... ~ency ~n ~ ~~ &lste ~~zaue~ co ,~lY__consumer credit couns~-'~- d at the end of this ~,~:- nsumer ~= pro,ram an~ ~_ __ =~z~ a~encies ~ ...... a ' . ~ uney will assis . ~ve application pPlzcat~on to t~ ~ .... t you ~n sub~~:__ s for · ~= ~nnsy&vania Housin~ F~'~~x~~ a complete application ~ST be filed or postmarked within thirty (30) days of your face-to-face meeting. = ~,~zu~ a~ency. Your YOU ~ST FILE YO~ APPLI~TION POMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOS~E ~y PROCEED AGAINST YO~ HOME I~EDIATELY ~ YO~ ' APPLICATION FOR MORTGAGE ASSIST~CE WILL BE DENIED. AGENCY ACTION __ Available are very limited. They will be disbursed h,, ,~_ , ~ ge assistance eligibility criteria estab ~unds for emergency mort. a recezves your application. During that -~ ~z~ Agency under the Housing Finance ~ ....... l~shed by the Act. The Pennsylvania . . ~?~zuy. nas (60) days to make a decision after it proceedings will be pursue . time, no foreclosure requirements set ~~~ _ d a~a~nst you if you have met the time ~uz~n above. You will the Pennsylvania Housin9 Finance A~ency be notified directly by application, of its decision on your IN B~KRUPTCY, THE FOLLOWING P~T OF THIS NOTICE IS FOR INFOR~TION P~POSES ONLY ~D SHOULD NOT BE CONSIDERED AS ~ ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. ) HOW TO C~E YO~ MORTGAGE DEFAULT (Bring it up to date). MATTE OF THE DEFAULT-_ The MORTGAGE debt held by the above lender on your property located at- 233 Pine Rd Mt Holly Springs PA 17065 is SERIOUSLY IN DEFAULT because. YOU ~VE NOT ~E MONTHLY MORTGAGE PA~ENTS for the following months and the followin~ amounts are now past due: Regular monthly pa~ents of $ 424.93 for the months of 10-27-00 through today, s date. Other charges. Accrued late char~es.$ 155.60 Accrued other fees: $ 15.00 TOT~ ~O~T PAST D~: $ 1445.39 CL 953 M&T Mortgage Corlooration o Oorrespondence. RO. Box 840, Buffalo, New York 14240.0840 M&T Mortgage Corporation ° Payments ° RO. Box 444, Buffalo, New York 14240-0444 M/kT Mortgage Corporation A s~ss~D~r OF ZW~a'~. Over 140 ~3ars of~xperience Behind Us 1-800-724-1633 HOW TO CURE THE DEFAULT -- You may cure the default within T~IRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1445.39, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made by cash, cashier,s check, certified check or money order made payable and sent to: M&T Mortgage Corporation One Fountain Plaza/ 7th Floor Attn: Payment Processin~ Buffalo, NY 14203 You can cure any other default by takin~ the followin~ action within THIRTY (30) Days of the date of this letter- IF YOU DO NOT CURE THE DEFAULT -_ If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt considered due immediately and you may lose' the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings a~ainst you, you will still be required to pay the reasonable attorney, s fees that were actually incurred, up to $50.00. However, if legal proceedings are started a~ainst you, you will have to pay all reasonable attorney, s fees actually incurred by the lender even if they exceed $50.00. Any attorney, s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY-period, you will not be required to pay attorney, s fees. OTHER LENDER REMEDIES -_ The lender may also sue your personally .for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF,S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff,s Sale. You may do so by payin~ the total amount then past due, plus any,late or other char~es then due, reasonable attorney, s fees and costs connected with the foreclosure sale and other costs connected with the Sheriff,s Sale as specified in writin~ by the lender and by performin~ any other requirements under the mortgage. Curin~ your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. M&T Mortgage Corporation · Correspondence o RO. Box 840, Buffalo, New York 14240-0840 M&T Mortgage Corporation · Payments ° RO. Box 444, Buffalo, New York 14240-0444 Mortgage Corporation A SUBSIDIARY OF M~BANK · Over 140 ~ars ofF. zperience Behind Us EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 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 exactly what the required payment or action will be contacting the lender. HOW TO CONTACT THE LENDER' Name of Lender- M&T Mortgage Corporation Address: P.O. Box 840 Buffalo, NY 14240 Phone Number- 800-724-1633 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff'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 OF MORTGAGE -- You may or XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT- , * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR. ) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, CL 955 Russell Alessi Enc- 888 M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840 M&T Mortgage Corporation ° Payments ° P.O. Box 444, Buffalo, New York 14240-0444 APPENDIX~A Date: JANUARY 26, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSLIRE This is an official notice that the mortgage on your home is in default, and the lender attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PR~ be ab.__.~l_e COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take .. · · · · The name, address and hone number of e s with im aip..~~ hearing can call (717) 780-1869). .. This Notice contains important legal information. If you have any questions; representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD~O ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIE~O EN SU CASA. SI NO COMPRE~E EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON INMEDITAMENT LLAMANDO ESTA AGENCIA (PE~S~V~IA HOUSING FIN~CE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAm' EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU , HIPOTECA. · · Mortgage Corporation A SUBSIDIARY OF M~BANK · Ol~r 140 Tears of Fxperience Behind Us January 26, 2001 1-800-724-1633 Donald L Brackbill 233 Pine Rd Mt Holly sprin~s PA 17065 RE- Homeowner's Name(s): Donald L Brackbill Susan I Brackbill Property Address' 233 Pine Rd · Mt Holly Sprin~s PA 17065 Loan Acct.No.: 978724-3 Curent Lender/ Servicer' M&T Mortgage Corporation HOMEOWNER' S EMER~ENCY MORTgAgE ASSISTANCE PRO~RAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER' S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBILE 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 OTHER ELIGIBILITY 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 form the date of this Notice. During this time you must arrange and attend a ,,face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE 'CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP. TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agenices listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, · M&T M6rtgage Corporation · Correspondence ° R O. Box 840, Buffalo, New York 14240-0840 M&T Mortgage Corporation ° Payments · P.O. Box 444, Buffalo, New York 14240-0444 Mortgage Corporation ~-~00-~4-~33 you have the right to apply for financial assistance from the ~omeowner's Emergency Mortgage Assistance Pro~ram. To do so, you must fill out, si~n and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counselin~ a~encies listed at the end of this Notice. Only consumer credit counselin~ a~encies have applications for the pro,ram and they will'assist you in submittin~ a complete application to the Pennsylvania Housin~ Finance A~ency. Your application MUST be filed or postmarked within thirty.(30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION POMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. , AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the A~ency under the eligibility criteria established by the Act. The Pennsylvania Housin~ Finance A~ency has (60) days to make a decision after it receives your application. Durin~ that time, no foreclosure proceedings will be pursued a~ainst you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housin~ Finance A~ency of its decision on your application. NO--~TE- IF YOU ARE CURRENTLY PROTECTED BY THE FILI~ IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED-AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 233 Pine Rd Mt Holly Sprin~s PA 17065 is SERIOUSLY IN DEFAULT because- YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the followin~ months and the followin~ amounts are now past due- Regular monthly payments of $ 424.93 for the months of 10-27-00 through today's date. Other char~es: Accrued late char~es-$ 155.60 Accrued other fees: $ 15.00 TOTAL AMOUNT PAST DUE- $ 1445.39 CL 951 M&T Mortgage Corporation · Correspondence · RO. Box 840, Buffalo, New York 14240-0840 M&T Mortgage Corporation · Payments · RO. Box 444, Buffalo, New York 14240-0444 Mortgage Corporation ~, sonstom-~ or ~'~ * Ov~ 1~ Yeah of ~~c~ ~hind Us . . HOW TO C~E THE DEFA~T -- ~ou may cure the default wxthxn THIRTY . ate of th~s notice BY PAYING THE TOT~ ~O~T 30) DAYS of the d ....... ,~~ v~ ~ 1445.39, PLUS ~~_' .... ~e~ nTTE TO THE LENDEK, ~nzk~ ~ ~ ECOME D~ D~ING ~'~m . ~~ ~-- - ....... -~ ~TE c~GES ~ICH B - -, .... ~er's ORTGAGE PA~ENT~ ~~_~ st be made by caen, u~=~ MMIRTY (30) DAY _PERIOD. P~~~~~~w m~d oavable and sent to: c~ec~, u~u~~-- c~e M&T Mortgage Corporation One Fountain Plaza/ 7th Floor Attn: 'pa~ent Processing Buffalo, ~ 14203 You can cure any other default by takin~ the following action within THIRTY (30) Days of the date of this letter' IF YOU DO NOT C~E TEE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. considered due immediately and you may lose the chance to pay the mortgage in monthly installments- If full pa~ent of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be re~ired to pay the reasonable attorney's fees that were actually incurred, up' to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. ~y attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the T~IRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LE~ER REMEDIES -- The lender may also sue your personally for the unpaid principal balance and all other sums due under the mortgage · RIGHT TO C~E THE DEFA~T PRIOR TO SHERIFF' S S~E -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any ~ime up to one hour before the Sheriff's Sale. You may do so by payin~ the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and other costs connected with the Sheriff's Sale as specified in writin~ by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore, your mortgage to the same position as if you had never defaulted. ~&T Mort0aQe Corporation · Correspomdemce ' P.O. Box 840. 8uffal0. New York 14240-0840 M&T Mortgage Corporation · Payments ' P.O. Box ~4. Buffalo. New York 14240~4 MaT Mortgage Corporation 1-800-724-1633 A SU~SmLS~ OF ~ff~ · Over 140 Tears of Experience Behind Us EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 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 lon~er you wait. You may find out at any time exactly what the required payment or action will be contactin~ the lender. HOW TO CONTACT THE LENDER' Name of Lender: M&T Mortgage Corporation Address- P.O. Box 840 Buffalo, NY 14240 Phone Number: 800-724-1633 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff's Sale will end your ownership of the mortgaged propergy 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 OF MORTGAGE -- You may or XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstandin9 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 HA~ THE RIGHT- * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED.BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURED, 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 T~E MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA~ TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, - CL 955 Russell Alessi Enc- 888 M&T Mortgage Corporation · Correspondence · RO. Box 840, Buffalo, New York 14240-0840 M&T Mortgage Corporation · Payments · Re. Box 444, Buffalo, New York 1424043444 · ~ · · · ~ e I · . NOTICE REQUI~D BY THE FAIR DEBT COLLECTION 1. This law firm may be deemed a "debt collector" Practices Act. Any and all information o o~,~.~ ., ..... .- under the Fair Debt o · bt,,...~,~ uurmg me prosecution o~'*~-:~ ,- C.. llection used for the purpose of collecting the debt. ' ~,,~ ~awsmt may be 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is Owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of .the mortgage note attached hereto, will be assumed to be valid by the creditor's law finn unless the debtor, within thirty O0) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law f'mn in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. Written requests should be addressed to Spear & Hoffman, P.A. i020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. ,