HomeMy WebLinkAbout02-0389IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
ROGER D. CRITES,
Defendant.
TO: DEFENDANT0)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
PROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE;~
ATTO.I~E~ F~fLAINT[FF:
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
11350 Mccormick Road, Suite 200
Htmt Valley, Md 21031
AND THE DEFENDANT(S):
229 Peach .Glen Road
Gardne~~2~7
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL E~TATE AFFECTED BY THIS LIEN IS
229 Peaeh~F~PA 17324
CIVIL DIVISION
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Eastern Savings Bank, FSB
Plaintiff,
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
ROGER D. CRITES,
Defendant.
CIVIL DIVISION
NO.: -3??
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim 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 SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB, :
:
Plaintiff, :
:
VS.
:
ROGER D. CRITES, :
:
Defendant. :
CIVIL DIVISION
NO.: 0'-¢,,.. ~_~
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (g0) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anterimmente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o;remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para U~ted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
ROGER D. CRITES,
Defendant.
CIVIL DIVISION
-dP:?
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Eastern Savings Bank, FSB, by its attorneys, James, Smith, Durkin &
Connelly LLP, files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Eastern Savings Bank, FSB, which has its principal place of
business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031.
2. The Defendant, Roger D. Crites, is an adult individual whose last known address
is 229 Peach Glen Road, Garners, Pennsylvania 17324.
3. On or about August 24, 1998, Defendant executed a Note in favor of Plaintiff in
the original principal amount of $40,500.00.
4. On or about August 24, 1998, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $40,500.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on August 25, 1998, in Mortgage Book
Volume 1477, Page 1138. A tree and correct copy of said Mortgage containing a description of
the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part
hereof.
5. Defendant is the record and real owner of the aforesaid mortgaged premises.
6. Defendant is in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about November 30, 2001, Defendant was mailed a combined Notice of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose
Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of
1983 and Act 6 of 1974, 41 P.S. §101, et seq. A tree and correct copy of said Notice is marked
Exhibit "B", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendant is as follows:
Principal $38,827.47
Interest through 1/18/02 $ 1,900.71
Late Charges $ 66.84
Bank Fees $ 40.00
Attorney's Fees $ 1,350.00
Court, Sheriffand Title Costs $ 2,500.00
TOTAL $44,685.02
plus interest on the principal sum ($38,827.47) from January 18, 2002, at the rate of $12.93 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s)
do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if
different from abo;~e.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $44,685.02, with interest thereon at the rate of $12.93 per diem from January 18, 2002 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises.
JAMES, SM~~ONNELLY LLP
BY: / It~ ~//~/~F ¥ ¥
Scott A. l~et~er/ci~qui're
Attorneys for~laintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
Uniform Parcel Identification
Parcel Number:
)tUG PM 2
[Space Above This Liue For R~ordlng Dalai
MORTGAGE
THIS MORTGAGE("S~uritylnstrument")isgivenon thfs 24th day of August, 1~8
ROGER D. CRITES an unmarried man
· The mortgagor is
("Borrower"). This Security Instrument is given to
Eastern Savings Bank, fsb
which is organized and existing under the laws of The United States of America , and whose
address is 11350 McCormick Road, Ste. 200, Hunt Valley, MD 21031
("Lender"). Borrower owes Lender the principal sum of
Forty Thousand Five Hundred and 00/100.
Dollars (U.S. $40,500.00 ).
This d=bt is evidenced by Borrower's note dated the same date as this Security Ins runent ("Nole"), which provldcs for
monthly payments, with the full debt, if not paid earlier, due and payable on August 24, 2018
This Secnrhy Instrument secures to Lender: (al the repayment of the debt evidenced by the Note, with interest and all renewalsl
Security Instn.nent and the Note, For this purpose, Borrower does hereby mortgage, grant and convey lo Lender the following
descrih~d property located in Cumberland Counly, Pennsylvania:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
which has th~ address of 229 PEACH GLEN ROAD, GARDNERS
Pennsylvania 17324 [zip Cod~I ("Property Address");
PENNSYLVANIA-Single Family-FNMA/FHLM C UNIFORM INSTRUMENT
(~-6R(PA) Form 3039 9190
19410).03
....... ,,,,,,,., oo 1477 N tl138
TOGETHER WITH ail the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to modgage,
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premimats,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender. in accordance with
the provisions of paragraph g, in lieu of the payment of mortgage insurance p.,'emiums. These items are called "E~row Items."
Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of
1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ('RESPA"), unless another law that applies to the Funds
sets a lesser amount. If so, Lender may, at any fune, collect and hold Funds in an amount not to exceed the lesser amount.
Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow ltems or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Eseruw Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law pernfits Lender to make such
a charge. However, Lender may require Borrower to pay a une-time charge for an independent real estate tax reporting service
used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing, however, that interest shall be paid on the Fnnds. Lender shall give to Borrower,
without charge, an annum accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The F,mds are pledged as additional security for ail sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and. in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than
twelve monthly payments, at Lender's sole discretion.
Upon payment in full of ail sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the aequisitiun or sale
of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by
this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs
1 and 2 shall be applied: first, to any prepayment charges duo under the Note; second, to amounts payable under paragraph 2;
third, to interest due; fourth, ~ principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay
these obligations in,the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly
to the person owed payment. Borrower shall promptly furnish to Lender ail notices of amounts to be paid under this paragraph.
If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (e) secures from the holder of the lien an agreement satisfactory to: Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a lien wlfich may attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
~0oK1477 PAGr1139
Form 3039 9/90
$. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereaBer erected on the
Property i~ured against loss by fire, hazards included within the term "extended coverage" and any other hazards, inetoding
floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amonnts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of
paid preminms and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
scented by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insnrance policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument
immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the
execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one
year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,
or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair
the Property, allow the Property to deteriorate, or cormnJt waste on the Property. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the
Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the Lien created by this Security Instn~ment or Lender's security interest. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed
to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in
this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Althoagh Lender may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shalL become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursemeqt at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the
anst to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance prenfium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
00K1477p ztl:l.40 ......... :oa a,ao
'payments may no longer be required, at the option of L~nder, if mortgage insurance coverage (in the amount and for the period
that Lender, requires) provided by an insurer approved by Leader again becomes available and is obtained. Borrower shall pay
the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, nntil the requirement for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9, Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The prececds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums scented by this Security lnstrnnlent,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the taking, unless Borrower and l~ndar otherwise agree in writing, the sums secured by
this Security Instrument shall be reduced by the amount of tho proceeds multiplied by the following fraction: (a) the total
amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately
b~fore the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair
market valne of the Property immediately before the taking is less than the amount of the sums secured i~mnediately before the
taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall
be applied to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the preceeds, at its option, either to restomtioa or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments.
I1. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificalion
of amortization of the sums secured by this Security lnstrulnent granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refl~se to extend time for payment or'otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the
exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the stuns
secured by this Security Instrument; and (e) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan chvrges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing
it by first class malk. unless applicable law requires use of another method. The notice shall be directed to the Property Address
or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to
Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision. To this end the provisions of this Security Instmmant and the Note are declared
to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
, ....... 00 1477 li4l.'
17. Transfer of the Property or a Beneficial Interest itt Borrower. If ail or any part of the Property or any interest in it
is sold or t~ansferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require in'unediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date
of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instmmant. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security lnstmment without furtber notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have lhe right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those eondltions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforelng this Security Instrument,
including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure
that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by
this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of aeeeleratlon under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known
as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one
or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that ar~ generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand,.lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous SubstancesM are those substances defined as toxic or hazardons substances by
Environmental Law and the following substances: gasoline, kerosene, other flanunable or toxic petroleum products, toxic
pestieldes and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "F. avironmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides otherwise). Lender shall notify Borrower of, mnong other things: (a) the default; (b) the action
required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may
result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the
Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If
the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by
this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law.
22. Release..Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shall teruiinata and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shall pay any'recordation ensts.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings
to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution,
extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
eommancement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. ~
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title
to the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
[] Adjustable Rate Rider [~ Condominium Rider ~l 14 Family Rider
[] Graduated Payment Rider [~ Planned Unit Development Rider ~] Biweekly Payment Rider
[] Balloon Rider ~ Rate Improvement Rider [~ Second Home Rider
[~ VA Rider [~ Other(s) [specify]
BY SIGNING BELO~d(ve~aenepts and agrees to the terms and covenants contained in this Security Instrument and
in any rider(s) exeeut~y Borrower a.0d recorded with it.
GRR D ~RITES (Seal)
(Seal)
(Seal) (Seal)
~..~, x . . , do hereby certify that the correct address of
the w'k-nin-name~M"O'tt~agee,s 11350 McCormick Road, S~. 200~.~ V~i~ 21031
Wi~ess my h~d t~s 24th day of ~~
COMMO~ALTH OF PE~S~V~A, ~d' ~ ~e~ Cou"~ ~"~
On this, the 2aCh ~y of Auoust 1998 , bebre me the'~
personally appea~d R~R D. CRITg8 ' ·
persona whose names are subscribed to th, wit~m~nt ~a ~ey
IN ~ESS ~ERROF, I hereunto set my h~d ~d~
My Co~ssion Expi~s: M~ X ~ ~ ~--
TAX PARCEL NO. 08-43-3408-018
ALL T~{AT CERTAIN lot, parcel, piece of ground situate in Dickinson Township,
Cumberland County, Pennsylvania, bounded and described according to a compass
survey in 1962, as follows, to wit:
BEGINNING at a point in the center of the public road leading from Goodyear to
Peach Glen, also known as the the public road leading from Goodyear to
Bendersville, at corner of lands now or late of the Grantee; thence by the
center of said road, North sixty-one (61) degrees Ten (10) minutes East, One
Hundred Fifty (150) feet to a point, thence by land now or late of Kenneth
Garner, South Thirty (30) de~rees Fifty (50) minutes East, One Hundred
Sixty-eight (168) feet to an iron pin; thence by land now or late of Philetus
W. Edwards and wife, now or late of Larry Starner, South Sixty-one (61) degrees
Ten (10) minutes West, One Hundred Fifty (150) feet to an iron pin; thence by
said other land of the Grantee, North Thirty-one (31) degrees West, One Hundred
Sixty-eight (168) feet to THE PLACE OF BEGINNING.
BEING he same premises which Bruce L. Camp, a single man by deed dated January
5, 1972 and recorded January 5, 1972 in the Office of the Recorder of Deeds for
Cumberland County in Deed Book L-24 page 37, granted and co~r~e~o George C.
Mortorff and Evelyn v. Mortorff, his wife wife as Tenants by the Entireties.
State of Pennsylvania ~
Countyof CumberlandJ 86
~lecor[Jed iqthe office for the recor(;ling of Deeds
ect~ ~lafid t~berland Coun'ty,
in ~got~. V~ Page~u A~
,A
EXHIBIT "B"
Roger D. Crites
229 Peach Glen Road
Gardners, PA 17324
November 30, 2001
,~ia Certified Mail -
Return Receipt Requested
Regular U.S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the morta~ae on your home is in default, and the lende~
intends to foreclose. Specific information about the nature of the default is provided in
attached pa,oes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able tt,
help to save your home.
This Notice explains how the proaram works
.To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELIN( i
AGENCY ¢/iTHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Aaenc¥.
The name, address and phone munber of Consumer Credit Counselina Agencies serving
xour County are listed at the end of this Notice. If you have any questions, you may call th~:
Pennsylvania Housin~ Finance Aaenc¥ toll free at 1-800-342~2397. (Persons with impaired
hearin~ can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you find a lawyer.
LA NOTIFICACION EN -~)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA LrNA TRADUCCION
rNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDiDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Roger D. Crites
229 Peach Glen Road, Gardners, PA 17324
130986490
Eastern Savings Bank, FSB
Eastern Savings Bank, FSB ~
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOU 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 from the date of this Notice.
During that 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 agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date 6f th/s meeting. The names, addresses and
telephone numbers of designated consumer credit counseling agencies for the county 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 you lender immediately &your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for spedific information about the
nature of your default.) If you have tr/ed and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
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 Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
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 (Brine it u0 to date).
NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on
your property located at: 229 Peach Glen Road, Gardners, PA 17324 IS
SEKIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:monthly payment of $445.66 for the months of
September 2001 through November 2001 for a total monthly payment amount of $1,336.98.
Other Charges:
amount of $95.00.
Late charges in the total amount of $44.56 and Appraisals in the total
TOTAL AMOUNT PAST DUE: $1,476.54
HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST D, UE TO THE LENDER,
WHICH IS $ 1,476.54 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DLrR_ING THE THIRTY (30) DAY PERIOD. Pawnents must be made
either by cash, cashier's check, certified check or money order made payable and sent to:
Eastern Savings Bank, FSB
ATTN: Ellen Matanle
11350 McCormick Road, Suite 200
Hunt Valley, Maryland 21031 :
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. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments, tf
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 against 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 against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
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 you 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 paying 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
any other costs connected with the Sheriff's Sale as specified in writing by the lender and bv
performing an,/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 have never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SAI,F~ DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6)
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 by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Eastern Savings Bank, FSB
Address:
11350 McCormick Road, Suite 200,
Hunt Valley, MD 21031
Phone Number: 1-800-982-7114 Ext. 6059
Fax Number: 410-568-4567
Contact Person: Ellen Matanle
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the 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 XXX 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 OCCURRED, 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.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285:
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX# (717) 234-9459
YWCA of Carlisle
301 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX# (717) 731-9589
Community Action Corem of the
Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
139--143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. M692(g), you may
dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30)
days after receipt of this notice. If you dispute the validity of this debt or any portion thereof
within this thirty-day period, this firm will provide you with written verification thereof,
otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a
debt. Any and all information obtained will be used for that purpose.
S~t~ A:~ck, Esquire
SAlJ/mse
CC:
Ellen Matanle, Eastern Savings Bank, FSB
VERIFICATION
G. C. Kulikowski hereby states that he is the Assistant
Vice President of Eastern Savin,qs Bank, fsb
mortgage servicing agent for plaintiff in this matter, that he is authorized
to take this Verification, and that the statements made in the foregoing
Civil Action in Mortgage Foreclosure are true and correct to the best of his
knowledge, information and belief. The undersigned understands that this
statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904
relating to unsworn falsification to authorities.
G. C. Kulik~wski
Assistant Vice President
Date: January 8, 2001
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
ROGER D. CRITES,
Defendant.
CIVIL DIVISION
NO.: 02-389
PRAECIPE TO WITHDRAW
COMPLAINT IN MORTGAGE FORECLOSURE
Please mark the Complaint filed at the above-captioned term and number
WITHDRAWN, without prejudice.
Respectfully Submitted:
JByAM.. ES, SM~NNELLY LLP
Scott A. D~tt~ric~l~, Esquire
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
ROGER D. CRITES,
Defendant.
CIVIL DIVISION
NO.: 02-389
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to
Withdraw Complaint in Mortgage Foreclosure was served on the following this'~ day of
January, 2002, via First Class U.S. Mail, Postage Pre-Paid:
Roger D. Crites
229 Peach Glen Road
Gardners, PA 17324
Respectfully ~bmitted:
JAMES, SM] ~q,~URJfit~& CONNELLY LLP
BY: .~iet~en~
Scott A
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280