Loading...
HomeMy WebLinkAbout05-5522BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 FULTON BANK, as Successor by Merger to THE DROVERS & MECHANICS BANK, Plaintiff V. BRYAN L. YOUTZY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. QS - SS.2? ?i (?cl NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUAT HIRING A LAWYR. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (800) 990-9108 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 FULTON BANK, as Successor by Merger to THE DROVERS & MECHANICS BANK, Plaintiff V. BRYAN L. YOUTZY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. AVISO PARA DEFENDER Confonne a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dial despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y on juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A on ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO. Servicio de remision del abogado de Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 TelBfono: (800) 990-9108 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 FULTON BANK, as Successor by Merger to THE DROVERS & MECHANICS BANK, Plaintiff V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. OE - 5 5' .z. ?l v t ???L1-vl BRYAN L. YOUTZY, Defendant COMPLAINT 1. Plaintiff, Fulton Bank, as Successor by Merger to The Drovers & Mechanics Bank ("Fulton") is a Pennsylvania Banking Corporation having an office at One Penn Square, P.O. Box 4887, Lancaster, Lancaster County, Pennsylvania 17604. 2. Defendant, Bryan L. Youtzy is an adult individual with a last known address of 16 Montsera Road, Carlisle, Pennsylvania 17013. 3. On or about December 27, 1995, Defendant executed and delivered to Fulton a Note (the "Note") in the original principal sum of $104,500.00. A true and correct copy of the Note is attached hereto, made a part hereof and marked as Exhibit "A." 4. The Note carries interest at the initial rate of 8.750% per annum and requires Defendant to make monthly payments of principal and interest in the initial amount of $822.11, beginning June 1, 1996 and continuing thereafter on the first (I") day of every month until all outstanding principal and all accrued interest are paid in full. 1488961-1 1 The Note requires Defendant to pay a late charge of five percent (5%) of the overdue payment of principal and interest when Fulton does not receive Defendant's monthly payment within fifteen (15) days of the date that the payment is due. 6. The Note is secured and accompanied by a Mortgage (the "Mortgage") dated December 27, 1995 and recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on December 29, 1995, on Defendant's property being located at 16 Montsera Road, Carlisle, Cumberland County, Pennsylvania (the "Premises.") A true and correct copy of the Mortgage which contains the complete description of the Premises, is attached hereto, made a part hereof and marked as Exhibit "B." On or about May 1, 1996 Plaintiff and Defendant entered into a Mortgage Loan Modification Agreement ("Modification"). A true and correct copy of the Modification is attached hereto, made a part hereof and marked Exhibit "C." 8. Defendant is in default under the Note, Mortgage and Modification for failure to make monthly payments which were due beginning July 1, 2005 and on the first (V) day of each month thereafter. 9. Notice as required by the Homeowner's Emergency Mortgage Assistance Act of 1983 (Pennsylvania Act 91) was sent to Defendant by Certified Mail, Return Receipt Requested on August 19, 2005. A true and correct copy of this notice is attached hereto, made a part hereof and marked as Exhibit "D." 10. Pursuant to the Note, in the event of Default, Fulton may, and hereby does, declare all amounts owed under the Note, including principal, accrued interest, late charges, and all other charges, including reasonable attorneys' fees, to be immediately due and payable. 1488961-1 2 11. Pursuant to the Note, in the event of Default, Fulton is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Note. 12. For purposes of this action, Fulton believes, and therefore avers, that $3,000.00 constitutes reasonable attorneys' fees for enforcing the Note. However, Fulton recognizes that it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than $3,000.00, Fulton agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 13. As of October 18, 2005, the amount due on the Note, Mortgage and Modification is as follows: Principal Balance ....................... Interest through 10/18/05 at a rate of $19.79 per diem ..... Late Charges .............................. Negative Escrow Balance .......... Attorneys' Fees ........................... $91,704,50 Total ...................................................................................... $98,383.68 plus continuing interest after October 18, 2005 at a rate of $19.79 per diem, plus late charges and costs. 14. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant 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 the name and address of the original creditor if different from the above. 1488961-1 3 15, Fulton has demanded payment of the amount owed from Defendant but Defendant has failed and/or has refused to pay the same. 16. This is an action in personam on a Note accompanying a Mortgage and is not an action in Mortgage Foreclosure. WHEREFORE, Plaintiff Fulton Bank, as Successor by Merger to The Drovers & Mechanics Bank demands judgment against Defendant Bryan L. Youtzy in the amount of $98,343.68, plus continuing interest after October 18, 2005 at a rate of $19.79 per diem, plus late charges and costs. Date: a 2?' a i BARLEY SNYDER LLC By: Shawn M. Long, Es re Attorneys for Plain ' f Fulton Bank, as Successor by Merger to The Drovers & Mechanics Bank Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 1488961-1 VERIFICATION Fulton Bank, as Successor by Merger to The Drovers & Mechanics Bank vs. Bryan L. Youtzy I, Christopher L. Demko, being duly affirmed according to law, depose and say that I am Vice President for Fulton Bank; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: /,1711rk Christopher L. Demko S*9OaV3y aS NOTE Loan Number : 95-97-0448 December 27 '1995 YORK PA [CM Wanl LOT 126, MOOREDALS MANOR, CARLISLE, PA 17013 (Pre"M Addnml 1. BORROWER'S PROMISE TO PAY In ratura fora two that 1 bave received. I promi a to pay US. $ 104, 500.00 (thisamoum i allad 'prindpar), phts interest, in the order of the Leader. The Lender is THE DROVERS dr MECHANICS BANK I understand that the Lend" may transfer this Note. The Leader or anyone who taker this Note by transfer and who is entitled to receive payments mad" this Note Is called the 'Note Hotdoe, 2. INTEREST Interest will be charged an unpaid principal md'd the full mount of ptiaripal has base paid. I will pay Islas" at a yesty rate of 8.750 E. The interest rate required by ibis Section 2 is the rate I will pay both before and after any default described to Section d(B) of this Note. 3. PAYMENTS (A) Time mid Plate of Paymarts I will pay principal mad interest by making psymaats awry we" I MU mks my monthly payments m the let day of each mouth beginning m Jane 1 1996 . I will make these payments every mouth writ I have paid all of the principal and llet." and nay other cbm" described below that I may owe under this Nate. My man" payments will be applied to interest before pdnuipaL If. us MAY 1, 2026 . I still owe amounts Ueda this Note. I will pay these amounts is, full on that dare, wbkb is abed the 'maturity, due. I wig mks my monthly payment, at 30 SOUTH GEORGE STREET, YORK, PA 17401 or u a different piece if roquirod by ebe Note Holder. (B) Amount of Moo" Payments my mouthy payment will be in the amount of U.S. S 822.11 4. BORROWER'S RIGHT TO PREPAY I haw the right to make payments of principal at may time before they are due. A payment of principal only in known as a'prepaymat . When I make a prepayment, I will tell the Note Holder in writing I am doing nor I may make a full prepayment or partial prepayments without pmylag any prepayment charge. The Nate Hold" will one an of my prepayments to reduce the amount of principal that I owe Under this Nots. If I mks a partial prepayment, there will be ne changes is the due date or in the amount of my monthly psymat uoUm the Note Holder agrees in writing to loom chance. S, LOAN CHARGES If a law, which applies to this loan and which sets mstdmm [me elargt a to foully interpreted ro that the isive st or other loss, charges collating or to be colhod" In connection with this loam exceed the permitted Serails, then: Q) any web $me charge drab be reduced by the amount necessary to raduce the charge to the permitted limit-, and (i) any sum already collected from me which exesedW permitted fimas will be refunded to ma. The Note Hold" my choose to mil ibis refund by reducing the principal I new Under this Nate w by making a direct payment to ans. If a rallied toduces principal, the reduction win be treated as a partial prepayment. C BORROWERS FAILURE TO PAY AS REQUIRED (A) [ate Gorge for Overdue Pgynmttla U the Note Hilda his not received Ike Adis amount of any mmthy payment by The end of 15 calendar days after the date it is due, I will pays. Mta eharga lathe Note Holder The amount of the charge willbe 5.0009 of my overdue payment of principal and interest. I win pay this late charge promptly but only met on each late payment (B) Default If I do mot pay the fill ammat of each mmmbly payment m the data it is due, I will be to delaub. (C) Notion of Deis" If f am is default, the Noto Holder my and m a written notice teliag me that if I do not pay the overdue amount by a certain date, the Note Holder my require we to pay immediately the full amount of principal which his out bent paid and all the interest that I two m that amount That data must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver fly Node Hodder Eva if, at a them when I am in defaalt, the Note Holder does Unt require me to pay immediately in Nis as described above, the Now Holder will still have the right to do an if I am its default u a 4lsr time. (K) Paymtent of Note Home es Cases ow Eapemm H the Note Holder bun required me to pay immediately in full as described above, the Note Huber will haw the right to be paid lack by no for all of its coos and "vess in enforcing this Note to the meat Una probiblted by applicable late. Than expewms iadodo, for enmpla, reasonable auomeys' fees MMTMATE PRIED RATE NOTE-Shea pemay-FNMAIFULAIC UNIFORM WSIRUMFM sera anon 12M pwm 4618 (Nla h64%N V.S 0180 rfilms ooh r+ 7. GIVING OF NOTICES Uakm applicable law requires; a different method, any notice that must be Oven to me under this Now will be given by delivering it or by mailiag it by first clam mail to me at the Property Address above or at a ddferaW address if I give the Note Holder a notice of my different address. Any notice that most be given to the Note Holder under this Note will be giver, by swift it by fns class mail to the Note Holder at the address staled in Section 3(A) shore or a different address if I am given a ne1iM of that different address. 6 OBLIGATIONS OF PERSONS UNDER THIS NOTE U more than one person signs this Note, each person is futly sad personally obligated to keep as of the promisee made in this Note, including the promise to pay the full amount owed Any person who is a goarmatrw, surety, or endorser of this Note is also obligated to do these things Any person who uku over than obhgnNons, including the obltations of a guanalor, surety or endorser of this Kate, it also obligated to keep all of the Promises made in this Note. The Note Holder may enforce its rights under this Note against sash person, individually or against all of m together. This means that any one of an may be required to pay all of the amounts awed under thin Nme. 9. WAIVERS I and any Ober person who has obfigntioos under this Note waive the rigbu of pressatmem and Duties of dishomor. 'Presentment' a"= the tight to require the Note Holder to demand payment of assents due. "Notice of dishonor- me see, the tight to require the Note Holder to Ove notice to orb" persons that amounts due have not been Paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in name jurisdictions In addition to the protections tivea to the Note Holder under thin Note, a Montats. Deed of Trust or Security Deed (the "Security Innramem'). dated the am data as this Note, prolecu the Mae Holder from p*Wbk human which might rasok if I do not keep then promises; which I make in this Note. That Security Instrument describes how and under what conditios, I may be required to make immediate payment in full of all amounts I own under this Note. Some of than co ditieoa are deenn"bed as follows Transfer d the Property m a Renefieisl Interest he Brower. If all or any pen of the Property or any internal in it in sold or transferred (or if a beneficial interest in Borrawer is sold or transferred and Harrower is ea a natural person) withers Leader's prior written comment, leader may, at its option, require immediate payment in W of all same secured by this Security Instrument. However, thin option &W not be exercised by Leader if exerciss is prohibited by federal law ar of the date of this Security H Leader exercises this option, fender shall give Horrwer notice of aecelenUon. The notice shag provide a period of set feet than 30 days from the date the notice is delivered ar mailed within which Borrower must pay all came secured by Ibis Security Instrument If Borrower fails to pay lbase sums prim to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand an Borrower. WNMESS 7HE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ?t!? 004) BRYAN L. YOUT2 .9orroew -eauruww l-0 aoroww (104) -Boueww mss aWesf 01*) t 1 ct6) T11B DROVERS & MECHANICS BANK ADDENDUM TO NOTE SON USTR._ CTIO LOAN Noteholder and Botmwer(a) have entered into a Construction Loan Note and Mortgage that provides the total amounts advanced under the Construction Lou Note and Mortgage shall not viceed the mortgage amount of $104,500.00. THE BORROWER(S) HEREBY INCORPORATES THE FOLLOWING COVENANTS into the Note by way of this Addendum to be attached thereto and incorporated by reference therein: FOR VALUE RECEIVED, the undersigned 108orrower(sr) promises to pay THE DROVERS & MECHANICS BANK or order, the principal sum of One Hundred sad Four Uoosaed Five Hundred and OIU100 Cents (5104,500.00) or so much thereof as may, from time to time be advanced under the Construction Lou Note and Mortgage with interest on the unpaid principal balance as advanced and other foes with respect therm from the date of this Note and the rates and tithes as follows: (a) interest only, due the fist of each month, at the construction loan rate of Eight and Three Quarters percent (&75SG) per annum on the principal sum or so much thereof as may 5ar time to time be advanced, beginning on the first day of January, 1996, and on the first day of each month up to and including May, 19%. (b) Thereafter, principal and interest at the permanent ban rate of Eight and Three Quartm percent (8.759/.) per anaum on the Outstanding balance of the principal =in in 360 consecutive equal monthly payments of Eight Hundred Twenty-two Dollars and Eleven Cents (5822.11) each, the fast of which shall be paid on the first day following the Iasi interest only payment order subparagraph (a) hereof and the remaining payments of the same day of each month thereafter until the entire principal sum with interest at the rate of Eight and Three Quartet percent (8.75%) per annum on the outstanding balance until fully paid. all in accordance with the Note to which this Addendum is attached and, by reference, incorporated therein. Z44 1212 Ile Brian L. YO#xy Date g2?-o L 4jj j -- WHEN'RECORDED MAIL TO THE DROVERS & MECHANICS BANK PO BOX 2557 YORK, PA 17405-2557 Loan Number : 95-97-0448 I ?. 1.-?t•I Lro__?5 nrCOrt6CR Or Or.-aJ +;ul?s€rt:;uO COWITY-P,'. '.95 DEC 29 PM 2 37 W rSPAC E ABOVE nM LIMB PM RBC "DW DATA.L MORTGAGE THIS MORTGAGE C Security Iestrument7 is given on December 27, 1995 The mortgagor is BRYAN L. YOUTZY - •-- - - - (`Borrower'"). This Security instrument is given to THE DROVERS & MECHANICS BANK which is organized and existing under the laws of COMMONWEALTH OF PENNSYLVANIA , and whose address is 30 SOUTH GEORGE STREET, YORK, PA 17401 C ende Borrower awes Lender the principal sum of ONE HUNDRED FOUR THOUSAND FIVE HUNDRED DOLLARS AND 00/100 Dollars (U.S.$ 104,500.00 )• Thu debt is evidenced by Borromes note dated the same date as this Security Instrument ('Note'), which'provides for monthly payments, with the fall debt, if not paid earlier, due and payable on may 1, 2026. This Security instrument secures to Lender, (a) ,the•• repayment of the debt ^''avideoced'by the N6ie, with interest, and'atl'reuewalq exte'aioas and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in DICKINSON TOWNSHIP, CUMBERLAND County, Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION which has the address of LOT X26, MOOREUALE. MANOR ,; • -. y :t t - CARLISLE IStteetl .. .. , . . (0541, Pennsylvania- ' 17013 ('Property Address'); •• •• [Zip Code) ' PENNSYLVANIA single Family- FMmie MAPJf}ea mac UNIMSM INSTRUMENT Foos 3039 9A0 (pace t or 6 Paso) 1'MM 1950 (9211) • • ' 'ddi • • W"M B-061997 [Ac[ 1144 -A 9 - 27. Riders to this Security Instr mmL If one or more riders are executed by Borrower and recorded together tvi&. 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 Q ht Family Rider Q Graduated Payment Rider ? Planned Unit Development Rider Q Biweekly Payment Rider Q Balloon Rider ? Rate Improvement Rider Q Second Home Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terns contained in pages I through 4 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it gya„' (Seal) BRYAN L. YO Z Bm..r (Seal) ev,e,Y? (Sew) Bu.aver COMMONWEALTH OF PENNSYLVANIA, J-u NIA-09 County ac On this, the f day of D e C e M b Q /' before me, da O/ Y llr?. (! 1 O/7 /N9'e/ the undersigned officer, personally appeared BRYAN L. YOUTZY known to me (or satisfactorily proven) to be the person Whore name /S suhaaibed to the within Instrument and acknowledged that executed the same for the purpose therehti contained. ?.; WHEREOF, I hereunto set my hand and official sea. x?p N ?• •%k?: A4i'rnG?'a?? PIbGC t l ?- !$nA.%^? Bans. t?C01.•rsy - ?-??;> MY Can+rnslan ERiiea i-eU. 17, 1497 Fs '??0 `Ct : t ?!a iaAssoaauona tort , ,s ton. Of nonce O o.y} R-FSIneNCE ?,.;_CAROL L. BERKHEIMER 0 f. i• do hercTiy ¢e`rity that'the cos t ad`drea?"8f -t, svaihi -named leader b F- •^ d-.'C rrtte? 30 SOUTH GEORSs:S4REET;.1?LfihtlC'tePA .17401 Wittrns my hand this y87tLt ?tl af,)•31gggr t-her t 1995 `- - - "?? Agent of Lender Farm 3039 9N0 (page 6 of 6 pages) 80 KK 1997 FACE 1149 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 Lenders,rights in the:Properly in accordance with paragraph 7.• ...• .. , .. . r..: All insurance,policles and, renewalsshel. be, acceptable to Lender and shall include a.standatd mortgage clause, Lendenafalf ,. .r.. .. n., e , Mve the right o held the pol'cin std"renewals: If Lender requires, resa, lioriower shelf promptlySive to Under sll.teceipta -of Paid premiums and renewal nation. In the event of Mss, Burrower awl give prompt notice to the insurance carrier "and Lender. Lerdei may take proof of loss if not made pmnpty,by. Borrower.. Unless Lender, and But otherwise agree in writing, insurance proceeds Yell be applied to restoration or repair of the Property damaged. if the.restoration or.repa'v is economically feasible and lendare security is not lessened. ff.the,restomtion or repair is,not economically feasible or Lerdees security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any extent paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender tat the insurance carrier has offered to metric a claim, then lender may calker the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sass secured by this Security hstrument, whether or not then due. 71be 30-day period will begin when the notice is given. Unless Under and Borrower otherwise agree M writing, any application of pmxeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or danger the amount of the paymerus. If umAer paragraph -21 the-Property i+ acgdked by I.ender, Bon vices night to any insurance policks and proceeds resulting from damage to do Property prior to the acquisition shag pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Ooeulsncy, preservation, Maintenance and Protection of the Property; Borrmvees Lena Appl cation; Leasel olds, Borrower shelf occupy, establish, and use the Property as Borrowees principal residence within sixty days after the execution of-this Security Instrument and shall continue to occupy the Property as Bonosveis principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall one be unreasonably withheld, ar unless extenuating circumstances exist which are beyond,Bonowera control: ,Borrower shalf,not destroy, damage or lsWab the Property,. allow the Property o, deteriorate, or cornmit_waste on the;Property. Bonower•shall be in default if any, forfeiture action. or, pro?ee[hng, wdhetller,ci,vil or crimial,•is' ,begon the t in L.endersgotA faith judgmeor _ci>,hlr! n, M,ICin Aide ItorcW the pro perty, ar otherwise ,matrially?impair? the?lien created _bj,,tlus Security Instrument or Lenders security intendt,Bortoxer maynare,wch_a default ud_ rdnsate,ras provided in paragraph Is.,by causing the action,or,proceedng to be dismissed with a ruling. that, itkundees good, faith ` determination, precludes. forfeiture of.the Borrowera interest in tie Pmperty,orvother material , hrnpeimha t,of the Gen crested by rhos security bcstru`nent,m Lenderi,securily,interest. Borrower shall shao,be, in defaut if' Boriwer, during dip loan application. process, gave materially false or inaccurate infomation, or statements,to, Lendea (or failed to provide Lender with. any material information) in connection with the loan evidenced by the Note, including, but not limited to, repretentatiaa concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shale comply with all the provisions of the Ica^,;:. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the rnerger in writing. 7. Prow? dint of lender's Rights Is the Property. If Borrower fails to perform the covenants and agreements contained in this Security Iron uinent• or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, prot.ate, for condemnation or forfeiture or to enforce laws or regulations), then Lender nay do and pay for whatever is necessary to prou-rL the value of the Property and Lender's rights in the Property. lendeis action may include paying any stets secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Prolheny to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do not. - I Xny arnuunu diibuised by Lender under this paragraph 7 shall•beoane additional debt of Borrower secured by this Security Instrument, Urilecs Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at 0w Note rate and shag be payable, with interest, upon notice from Lender to Borrower requesting payment s. Mr:ri., cge i:rsurasre. If Lender required mortgage insurance sot a condition of rrakins the loan secured by this Security Instrument, : -. ?r!u?-:er shall pay, the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage coverage required by Lender lapses or ceases to be in effect, Borrower "I pay the premiums required to obtain cur-=:::?e , r-,tantially equivalent to the mortgage insurance previously in effect, at a coot substantially equivalent to the cost to 9orrowt , :,i h,,.:. mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. U substantially equivalent ..,.,:t .:: - insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly r:,;utea;c insurance premium being paid by Borrower when the insnuanoe coverage lapsed or ceased to be in effect Lender will .,.rx:l,t, use and retain these payments as a lass tesetve in lieu of mortgage.u.irence. LASS reserve payments oily no longer be rc uirrn,. at the. option of Lender, if mortgage insurance,coverage (in the amount.and for, the, period .that.l.ender requiies) pr,,idcd hy•an;imurer apptoycd by Lender again bepomea available and.ls obtained. Borrower.shalf,pay, the•premiuma required to rnair.r::m rortgage imuraece in effect, or to provide ar lane reaerye, until the reguiiement4w mortgagemince ends in aeoordancc .r:rh any written agreement between Borrower and Lender, or applicable law. , , ch?•• , ... ,.,., • n ..:v. 9. lea..--tiuu. Lender•or its agent may make reasonable entries upon and inspections of the, Property. Lender, *all! give. Borrowet ri[x ;;t the time of or priorto an inspection specifying reasonable cause for the,inspedion, . . ?.,:....:.-;c.a. The proceeds of any award of daihn for damages, direct or consequential, in connection with any or...::,adly -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - Uniform Covenants 9190 (pass 3 of 6 pages) ' _ °:•.; ?: eucK1297 encE114S condemnation or other. taking of any part of the Property or for conveyance in lieu of condemnation, are hereby assigned and dull be'paid to fender.: .. n . ' . . .. . ..t - , .. I In'the'event of a'total'taking bf the'Propirty, the'piaoeeda'shal) be applied to the arum secured by-this Security Instrument; whether bi'iiot then Jue,"with any'excea'paid to Bofrowti. Ili We event or a, partial Caking of the'ProperWin'which the-fair market e . ? too of the Property immediately before the tatting is equal to or greater than the areunt of the own seemed by this Security' Imtrument'it nnediately before the taking, unless Borrower and fender otherwise agree in'writiall; tie'ana•aee' 'bfthis Security Instrument shag be reduced by the amount of the proceeds multiplied by the following fiactioc (a)•th: total amount of the on=. secured immediately before the taking, divided by (b) the fair market-value of the Property immediately before the taking.'Any balance dell be paid to Borrower. In the event of a partial tatting of the Property in which the Wr market'value of the Property Immediately before the taking is lent than the amount of the su ins secured immediately before the tskW& red= Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the auas wooed by this Security instrument whether or not the swore are then dua. If the Property is abandoned by Borrower, or if, alter notice by lender to Borrower that the cotdenmor offers to make an award or settle a claim for damage; Borrower fails to respond to lender within 30 days after the date the notice is givett, lender Is authorized to collect and apply_!he proceeds, at its option, either to restoration at repair of the Property o to the nuns sectored by due Security InstrumerU, whether or not then due. -- = -' -_---•? __ _ _ _ - -- Unless lender and Borrower otherwise agree in writing, any application of process to prbadpd doaU not dnefond or postp`one' the due date of the monthly payments referred to in paragraphs I and 2 or lunge the amount of such payments. 11. Burrower Not Release Forbearance by Lender Net a Wittier. FAtension of the time for payment or modification of amotizatiar of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Bortower's stsoccam in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse 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 Bof ~s ancestors in interest. Any forbearance by lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of say right or rrnte ly . .. . . ... ... . . .. . . . . . .. . . 12. Smrressgtrs and Assigns Bound; Joint and Severtil WbBilyi.Coisignert The eoerants and agreements of this Security lnstranenl shall bind and benefit the successors and assigns of fender and Borrower, subject to the pmaaioa oS paragraph 17. r Borrower's covenants and agreements shall be joint and several. Any Httrrower.who mrtigns this Security Instrument but dbes.not execute the !vote: (a) is co-signing this Security Instrument only to mortgage, grant-and. convey, tat Bormarer's interest in the property •unckr the term of this Security Instrument; (b) is not personally obligated to pay the scams secured by ibis Security Instrument; and (c) agrees that lender and any other Borrower may agree to extend, modify, forbear or make any aaa modstionn with regard to the terns of this Security Instrument or the Note without that Borrower's comatt. 13. Loan C3targyc If the loan secured by this Security Instrument is subject to a law which acts maxinrmt loan charges, sad that law is finally iuterprcted ao that the interest or other loan charges collected a to be collected In connection with the loan exceed the pertittdA Limit::, then: (a) any such loan charge shall be reduced by the amount necmary to reduce the large to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Under may choose to male t1;is refund by reducing the principal owed under the Note or by making a direct payment to Bonosver. Ira reforvd reduoes'prim;pal, tine reduction will be treated as a partial prepayment without any prepayment large under the Now. 14. Noe:;,-s. Ant• notice to Borrower provided for in this Security Instrument shell be given by delivering it or by tugging it by fret dare unlca-s applicable law requires use of another method. The notice sltW be directed to the Prop" Address or any other addm- :1oini,:rer designates-by notice-lo-henden:-Airy notice to•Iender.dall-be-grren by that daft mail to Lmdeez address - z stated hemo; or arc 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 [ender when given as provided in this paragraph. IS. Ga,crohtg Law, Sevembllity. This Security Instrument al" be govered by ledepl law and the law of to Jurisdiction in which the I'n>perty is located. In the event that any provision of clause of this Security Instrument a the More conflicts with applicable law, such conflict shall not affect other provisions of rids Security Instrument or the Note which can be givell effect without the rx,r,: tic[:ng provision. To this end the provisions of this Security Instrument and the Note ate declared to be rrevorable. W Borr,r«'er'r l'*rley. Borrower shall be given one conformed copy, of the Note and of this Security Instrument. 17. Trn:.tsfea of the Property or a Beneficial halettst in Batoww'er. U all or any part of the Property or any interest in it is add or trsnsfem%1 ((,n it a heneficial interest in rorrower is sold or transferred and Borrower is rant a natural person) without Lender's prior written s;•,.i. Ixndcr only, at its option, required immediate payment is full of all amt secured by ihta Security I/M/uma1L However, u: :Pall glut be exercis:7:i by lender if exercise is prohibited by federal are as-of the date of this Security Instrument. If Ler;.:.: ':.:., this option, Lender shall give Borrower notice of sowlerstion 71e notice shall provide a period of not ire than 30 dot;.- - mate u?c notice is ui fivered or ma:;ed within which Burrower, most pay all sum stunted by this Security instrument. fails to pay these suns prior to the expiration of this period, Lender may invoke arty taneeCet Permitted by this securir L- u..... m without further notim or demand oa Borrower. M Bo,. +;;x ht to Reinstate. If forrower meets certain conditions, Borrower shall have the tight to have enfonoerneat of this Security era.. um discontinued at any time prior to the earlier of•(a) S days (or arch otter period an applicable law nay ' e.tr .le F,Tmily _ Fannie Mae f reddie Mae IINIf-RM MMUM M -Uniform Covenants 9/90 (page 4 of 6 pagd) - i i ; . ' aoo 1297 PAGE 1147 ipecify for reinstatement) before sale of the Property pursuaat to any power of sate Aed in this Security Instrument; or (b) entrX of a judgment enforcing this Security Instrument. Those conditions am that Borrower. (a) pays Leader all sums which then would be due under this Security Instrumeat 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 enforcing this Security Instrument, including, but not limited t% reasonable attorneys' fees and (d) takes such action as Lender may reasonably require to swim that the lien of this Security Instrument, Leader's rights in the Property and Borrower's obligation to pay the sums secured by this Security taarumeN shall cautious unchanged. 'Upon miustatement.by'Borrower, this Security Instrument and the.obligationa secured hereby?shall,remain fully efye tivetas'if ao'acceleration -had, occurred, t However, this right to to . instate shall not, apply in the, ease, of;acceleration under paragraph 17.: ., t •- .... r : , v ...:-x».,. c i• ... •x t _ . _ .dr .., 19: Sate atiNote; Chauge'ef Loma Savicir..The Note or.a partial interest in the Note•(tagetlxr with this Security1tamment) may-be-sold one or more times without prior, notice to Borrower. A sale may result is a cbaage in the entity (known as the "ioaa Servicee) that collects -monthly. payments duo under the Note and-'this Security Instrument. Thera also may be one of man changes of the Loan Servicer nnrclated to a sale of the Note. If there is a change of the Lan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the same and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other mfoTmatioa required by applicable law. 20. Baas dous Substances. Borrower shall not cause or permit the presence, use, disposa4 storage, or rolease of any Hazardous Substances on or in the Property. Borrower shag no do, nor allow anyone else to do, aaything aHocting 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 are generally recognized to be appropriate to normal residential -- uses and to n+uiutenaace of the Property. Borrower shalt 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 bas actual knowledge, If Borrower learns, or is notified by any governmental or regulatory authority, that any rem vrat or other remediation of any Hazardous Substance affecting the Property is accessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Hazardous Substances' are those substaum defined as tadc or hazardous substances by Eavimamental I,aw and the following substances: gasobae, kerosene, other flammable or tame petroleum products, toxic Pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As-wed in r this paragraph 20, :Euviroamental Law' means federat,laws and laws of the, jurisdiction where the Property,is located that relate e to health; safety or environmental protection.-.c •- ;. ... J 'a . .. . 7.,... u .: lta ...::„v,••; ANON-UNIRWA COVENANTS: Borrower,and Leadei furthetcovemnt and.agree as followr.. .,- ,y.,,; -,v„x ,•--. ,,,, . v21.:Awcle,m4sw, Remedies. Leader shall-give notice-40 Borrower prior to amleza tiou following Barrowees breach or any covenant n'•ti r::c:+„e,it is this Smrity Instrument Vot,0011: prier to socdaNiao under.paragraph 17 alas applicable law provides ckawrz:•is:. ).' The notice shall specify: (a) the default; (b) the action required to rare the deradit (e) a dale, not less thm 30 days G -:,vr ii.,x me the aotiee is given to Borrower, by which the default men be tared; and (d) that Wore to errs the default an or 6-.•;,.: :,, cote specified in the notice may result In acceleration of the max secured by flak Searky Ioahtsmest, foredusts: c i,y proceeding sad sale of the Property. The notice shall further iarerm Borrower of the right to MiaAde after aweleratiar, K ,u we right to assert in the l4redosure twoceedmg the noo•etdsteatt of a defrdt or any other deftase of Borrewrr to amelt,,.t;"w, ,;,r;i foreclosure. If the default is not u;red on or before the date speckW in the roticv, Leader at Its option may require i.,.rueui:„a payment b tuna of all auras secured by this Security Iasbument with" farther demral and may foreclose W@ Security twWmitent by judicial proceeding. Leader shall be entitled to collect all expenses Incurred In pursuing the rettetlies provide,i W this paragraph 21, induding, buy not Iiru,4ed to, attorneys fees and costs of We evidence to the extent permilted by applicatrxt tat,. 22. ftelt:,cr• Upon payment of all sums secured by this Security Instrument. this Security Instrument and the estate conveyed shall terminate and become void. After such occurream Leader shall discharge and satisfy this Security Iostrumeal wilQ'W1-;charge to Boren ,es. 1;c,rrower shag pay any recordation costs, Borrower, to the extent permitted by applicable law, waives and releases any error or defects'inlpt%eeedings to, enforce 0,;, :rarity Instrument, and hereby waives the benefit of any present or future laws providing fpj stay,of executi on:: J exte,,, :., of a::,e, exemption from attachment, levy and sale, and homestead exemption. 54S. ....,,meal Period. Borrower's time to reinstate provided in paragraph 19 shall extend to one hDn1, prior torWgt cum . of bidding at a sheriffs side pursuaitt to this Security Instrument. V p s`... •. Money Mortgage. If any of the debt secured by this Security Instrumeat is lent to B LR ??'t'vailt "-? orrowerz ?a9>?>n. - the i4ope,: ?. tads Security Instrument sb:;d be a lr?rchase money mortgage. ??. ts,. •::.e Rate After Judgment. Forrow•er sprees that the interest rate payable after a judgment is entered oh•the,Note`?or in an roii::r, •d mortgaj;e fomciodure'itiali be the r,ae payable from time to time Wider the Note, - - ? - .:..' ..: . .........:..: . ? ,err. G'-r :,: •,r ,:. "1 ... ._ .. • ... ., '297. earl BOOK 1148 ?. ., ;,..,., - 1 .. .. •.n? .: - ^c4? Farm 3039 9/90 (page 5 of 6 pag. C w 27. Riders to this Seam* LnU went. If one or more riders are executed by Borrower and receded together with this Security Instrument, the covenants and agreements of each such rider aha0 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 [] 1.4 Family Rider Graduated Payment Rider Q Planned Unit Development Rider M Biweeldy Payment Rider [] Balloon Rider Q Rate Improvement Rider Q Second Home Rider Q Other(s) (specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 4 of this Security Instrument and in arty rider(s) executed by Borrower and rmorded with it_ Witnemc- 1f?yav1?7+xVfrd V _ (Seal) BRYAN L. YO Z Iturrnar (Seal) Bw wo Borrower COMMONWEALTH OF PENNSYLVANIA, 3-v NINA County as: Ci an ??p 4 i On this, the 7 ( 4 day of n e C e "14'p' before me, 00,1 y "Y' the undersigned officer, personally appeared BRYAN L. Y0UT2Y t known to me (e a?ddaC Wily prove[) to be the peuort whale name !S wharn'bed to the within instrument and admowledgedl that executed the same for the purpose therein contained. ?REOF, f hereunto set my fund and official seal. t ?,?y NoE WSeal vLa.. AY =Swo, ?Pnty3?9c My Ca7et#imt?gxnts Felr. ly, 7397 M?mt..,cr, PetYeyNaNa [mfiondliw.ry5 1ta dOnkr MENCE.. •,•-,,,,..''i.':1Sp.ROL L. BERKHRZMER 10 oe`etity than the eoriect: adarea? W7fitt4;named lender's 30 SOUTH GEORGE+`'4PREE2;. r A 17401 Atees my turd this°.Rfi'E`MajY z 1995 CAROL -L* BERKHRIKER -? . ^ 's• .• Agent of Leader Fm=M"9190 (page 6 of 6 pass) a"oats 1997 eacE 1149 1 EXHIBIT: A • . I 3 ,. LEGAL DESCRIPTION. - ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.P.L.S., dated March 11, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 67, page 91, bounded and described as follows- BEGINNING at a point in centerline of Montsera Road, T-544 at corner - of Lot No.-27; thence alone Lot -No. 27, South 65 degrees 42 minutes 50 seconds West 602.26 feet to a point; thence along eastern edge of 50 foot private right-of-way, known as Har-John Drive North 16 degrees 42 minutes 20 seconds West 120.00 feet to a point; thence still along southern edge of 50 foot private right-of-way known as Har-John Drive North 60 degrees 28 minutes 15 seconds East 467.29 feet to a point in centerline of Montsera Road T-544; thence along centerline of Montsera Road, T-544, South 41 degrees 12 minutes 25 seconds East --158.54--feet-to-a point, the Place of BEGINNING. C9NTAINING 1.690 acres and designated as Lot 26 of Mooredale Manor- BEING the same premises which Harry H_ Fox, Jr. and Ann G_ Fox, his wife, and John H. Fox and Cinda L. Fox, his wife, by their deed dated December 27, 1995 and intended to be recorded contemporaneously herewith, sold and conveyed unto Bryan L. Youtzy, married man, the Mortgagor h5rein. Date: December 27, 1995 ? J p`/Y? BRYANN Li. _YODTZY State of Pennsylvania 2 Ss County pi Cumberland J :-=rded in the office for the recording of Deals _ ,nd Ji?wVdrland Count ?,}t it _ •_fsoo V6r_Paga v.itn< f my han I of offic Ccriislu, PAthjs dayyf ?j ecoroar f7-- ??':::ssnt?l I I i- 8aK 129 % PAGE 1150 I .?Q , .? Os THE DROVERS 6 MECHANICS BANK YORK, PENNSYLVANIA MORTGAGE IRAN MODIFICATION AGREEMENT AGREEMENT, made this 1st day of May, 19 96 , between the undersigned, hereir "Borrowers," residing at Lot #26, Mooredale Manor, Carlisle, PA 17013, now known as 16 Montsera Rd, Carlisle, PA 17013, and THE DROVERS S MECHANICS BANK, a corporation organized and existing under the laws of Pennsylvania, whose address is 30 South George Street, York, PA 17401, herein "Lender." The parties recite and declare that: A. Lender is the payee and holder of a certain Bond or Note in the principal sum of $ 104,500.00 dated December 27, 1995, executed by the Borrowers, hereinafter the "Bond." B. The Bond is secured by a Mortgage recorded on , in Mortgage Book , Page , in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, executed by the Borrowers and thereby conveying to the Lender certain real property described more particularly therein and being situated in Dickinson Township, Cumberland County, Pennsylvania. C. As of the date hereof, there is now due and owing on the Bond and Mortgage the principal amount of $ 104,500.00. D. The maturity date of the Bond is May 1, 2026 . In consideration of the mutual promises and agreements hereinafter set forth and of other valuable consideration, the receipt of which is acknowledged, and intending to be legally bound, the parties covenant and agree as follows: 1. The rate of interest to be paid on the balance of indebtedness now owing on the Bond shall be amended from the rate of 8.758 percent per annum to the rate of 7.8758 percent per annum from the first day of May, 1996. Pursuant to such adjustment in interest rate, the amount of each consecutive monthly installment of principal and interest shall be amended to the amount of $ 757.70, with full debt owed under the Bond if not paid earlier, due and payable May 1, 2026. 2. The Borrowers shall pay the principal sum and interest rate as modified above and, except as herein specifically amended, the terms of the Bond shall remain in full force and effect. 3. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties. G G 0 • IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have executed this Agreement at York, Pennsylvania, the day and year first above written. Wi ss: Atte t: CON40NWEALTH OF PENNSYLVANIA} Borrowers : Bryan L: Youtzy THE D RS BANK Lender } SS: COUNTY OF YORK } On this, the / day of 19 `IG personally appeared Bryan L. Youtzy, known to me (or satisfactorily proven) to be the person(s) whose names(s) are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial.,.Seal. COMMONWEALTH OF PENNSYLVANIA) } SS: COUNTY OF YORK } No On this, the 1st day of May, 19 96, personally appeared Elaine M. Miller who acknowledged herself to be the Vice President of The Drovers 6 Mechanics Bank, a Corporation, and that she as such Vice President, being authorized to do so, executed the foregoing instrument therein contained by signing the name of the Corporation by herself as Vice President. ; IN WITNESS WHEREOF, I have hereunto set my hand and NotaXa?„?Sea*??% 3 a- • • THE DROVERS & MECHANICS HANK YORK, PENNSYLVANIA RATE REDUCTION WORKSHEET Present Balance on Loan . . . . . . . . . . . . . . . . . $104,500.00 Present Rate . . . . . . . . . . . . . . . . . . . . . . 8.75% Remaining Number of Months . . . . . . . . . . . . . . . 360 Present Payment (principal & interest) . . . . . . . . . $ 822.11 New Rate . . . . . . . . . . . . . . . . . . . . . . . . 7.8758 New Monthly Payment: Principal & Interest . . . . . . . $ 757.70 Escrow . . . . . . . . . . . . . + 212.50 Total Payment. . . . . . . . . . . $ 970.20 Starting Date. .05/01/96 . effective with payment of. 06/01/96 Maturity Date . . . . . . . . . . . . . . . . . . . . 05/01/26 Refinance to # months . . . . . . . . . . . . . . . . . . 360 Loan Discount Fee . . . . . . .points . . . . . . . . . . $ N/A Appraisal Fee . . . . . . . . . . . . . . . . . . . . . . $ N/A Processing Fee . . . . . . . . . . . . . . . . . . . . . $ N/A Monthly Payment due for 05/01/96 $ 794.70 Other . . . . . . . . . . . . . . . . . . . . . . . . . . $ N/A Total Costs . . . . . . . . . . . . . . . . . . . . . . . $ 794.70 0 5 W m - . E ?1? U'1 ? E f PO~ C3 Raw- N zad Po"W ?r Bqa°y. Youtz' C'j 0 16MontpA 71 013 Carlisle, 7004 7990 0004 8965 5160 .?. n 0 (-17-- U? OT' ? lp Y Z A :o r i zom zxZ <? C z ' r J O -13 Cal z f N C:l O = I L L-j Q O 0000 N 0 ?y N C? TOGW ' ' S ) i 0 ? O 4lTl ? d C po- ca -n w XmM- a W T?ta svA!%j% oy?mzen A? O 0 O Z i I L5 A }} tl y A f°lKt G i A y y 1 Ly?i( A?? ,I. 1, y you ? August 19, 2005 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached Pates. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE ) may be able to help to save your home. This Notice explains how the program works. this Notice with You when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1400-342-2397. (Persons with impaired hearing can call (7171780-1869). 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 ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO CON97ENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PI7EDES 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: Bryan L. Youtry PROPERTY ADDRESS: 16 Montsera Road, Carlisle; PA 17013 MAILING ADDRESS: 16 Montsera Road, Carlisle, PA 17013 LOAN ACCT. NO: 5809026434 ORIGINAL LENDER: Drovers & Mechanics Bank now by merger with Fulton Bank CURRENT LENDERISERVICER: Fulton Bank PROPERTY LOCATED AT: 16 Montsera Road, Carlisle, PA 17013 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET 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 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 agency 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 county in which the proM is located are set forth at the end of this Notice. 2 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM It is only necessary to schedule one face-to-face meeting. Advise your tender 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, 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 fded bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 16 Montsers Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MONTH AMOUNT DUE 06/01/05 $ 922.51 07/01/05 $1,049.93 08/01105 $1,049.93 Other charges (explain/itemize): Accumulated late charges: $75.76 Accumulated attorney fees: $0 TOTAL AMOUNT PAST DUE: O$3, 98.13 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Pay taxes, example) (Paying total amount due) HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,098.13, PLUS ANY MORTGAGE PAYMENTS AND LATE Payments must be made either by cashier's check, certified check or money order may payable and sent to: Fulton Bank P. O. Box 4887 One Penn Square Lancaster PA 17604 Attn: Robert W. St. Clair You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: fDo not use if not applicable.) 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. 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 foreclose upon your mortgaged ro e 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 attorneys 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 (301 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 charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing Mother 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. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately AUGUST 2005 of this Notice A notice of the actual date of the Sheriffs 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: Fulton Bank Address: One Penn Square, P. O. Box 4887, Lancaster PA 17604 Phone Number: (717) 291-2762 Fax Number: (717) 397-6268 Contact Person: Robert W. St. Clair EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE .71 You _ may or _& may not (CHECK ONE) 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. YOJI 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 mcere , Robert W. St. Clair Residential Mortgage Collection Officer RWS: wlr CERTIFIED MAIL#. 7004 2890 0004 8965 5160 AND REGULAR MAIL 4 THE FOLLOWING LIST CONSISTS OF THOSE COUNSELING AGENCIES WITHIN THE CUMBERLAND COUNTY AEA. PLEASE CONTACT THEM FOR ASSISTANCE. 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 Comm 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 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 -sc), trt O ? -? ? -a ? --? -??? ? SHERIFF'S RETURN - REGULAR CASE NO: 2005-05522 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FULTON BANK VS YOUTZY BRYAN L MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon YOUTZY BRYAN L the DEFENDANT at 1344:00 HOURS, on the 8th day of November , 2005 at 16 MONTSERA ROAD CARLISLE, PA 17013 by handing to BRYAN YOUTZY a true and attested copy of COMPLAINT & NOTICE ` together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 7.68 Affidavit .00 Surcharge 10.00 .00 35.68 Sworn and Subscribed to before me this day of dVe(?'.ki d0- A.D. Prot t ry So Answers: R. Thomas Kline 11/09/2005 BARLEY SNYDER Deputy h ff FULTON BANK, as Successor by Merger to THE DROVERS & MECHANICS BANK, Plaintiff V. BRYAN L. YOUTZY, T OF COMMON PLEAS OF IERLAND COUNTY, PENNSYLVANIA ACTION - LAW 05-5522 Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END AND SATISFY JUDGMENT To the Prothonotary: Kindly mark the docket in the above-captioned matter settled, discontinued and ended, judgment satisfied, and costs paid, without prejudice. BARLEY Date: By: Wgwn'M. Long, Esq Attorney for Plaintif Fulton Bank, as S Drovers & Mec is Court I.D. #837 4 126 East King Street Lancaster, PA 17602 (717) 299-5201 ssor by Merger to The Bank 1534799-1 . ? . . ?„ ' ? ? -. ,`?: -? ;- OF- 14 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 FULTON BANK, as Successor by Merger to THE DROVERS & MECHANICS BANK, Plaint V. BRYAN L. YOUTZY, Defendant No. 05-5522 T OF COMMON PLEAS OF ERLAND COUNTY, PENNSYLVANIA ACTION - LAW 05-5522 PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Fulton Bank, as Successor by Merger to The Drovers & Mechanics Bank and against Defendant, Bryan L. Youtzy for want of an answer: (X) Assess damages as follows: Principal Balance ................. Interest through 10/18/05 at a rate of $19.79 per diem Late Charges ........................ Negative Escrow Balance .... Attorneys' Fees .................... Total ................ ...............................................$91,704.50 ............................................... 2,654.06 ............................................. 151.52 .....................................................873.60 ........................................... 3.000.00 ..............................................$98,383.68 plus continuing interest after October 18, 2005 at a rate of $19.79 per diem, plus continuing late charges and costs. (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. 1525427-I 0' No. 05-5522 ( ) Pursuant to Pa. R.C.P. §237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa. R.C.P. §237.1,1 certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. BARLEY Date: ? Z 7 15 By: 16 Attorheys for Plai Fulton Bank, as S Drovers & Mechz Court I.D. No. 83 126 East King Street Lancaster, PA 17602 (717) 299-5201 3sor by Merger to The Bank NOW, _l ) 'r , 2005, JUDGMENT IS ENTERED AS ABOVE. Prot notary/CI ivi Divi?'on By: , Deputy 1525427-I FULTON BANK, as Successor by Merger to THE DROVERS & MECHANICS BANK, Plaintiff V. BRYAN L. YOUTZY, Defendant OF COMMON PLEAS OF RLAND COUNTY, PENNSYLVANIA ACTION - LAW 05-5522 TO: Bryan L. Youtzy Date of Notice: December 2, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1518503-1 FULTON BANK, as Successor by Merger to THE DROVERS & MECHANICS BANK, Plaintiff V. BRYAN L. YOUTZY, Defendant OF COMMON PLEAS OF COUNTY, PENNSYLVANIA ACTION - LAW 05-5522 PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS ss. Colleen Brelje, Paralegal, being sworn according to law, deposes and says that she served a true and correct copy of the 10-day Default Notice upon Bryan L. Youtzy, 16 Montsera Road, Carlisle, Pennsylvania 17013, by regular mail on December 2, 2005 at 5:00 p.m. Sworn to and subscribed before me this j l-A day of December, 2005 Nfitary Public BARLEY SNYDER LLC u By: Colleen Brelje, Paralegal 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 CMMONVIE,U ' H OF PSNNSYLYAMA Notarial Seal Maryaret C. Pu"l, Notary Public Cay of Reading, Soft County My Commisalon Expires Mat 22, 2009 Member, Pennsylvania Association of Notaries 1518503-1 No. 05-5522 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 1717) 299-5201 FULTON BANK, as Successor by Merger to THE DROVERS & MECHANICS BANK, Plaintiff V. BRYAN L. YOUTZY, Defendant T OF COMMON PLEAS OF COUNTY, PENNSYLVANIA ACTION - LAW 05-5522 AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared Shawn M. Long, Esquire, who being duly swom according to law, doth depose and say that Bryan L. Youtzy, Defendant is not in the Military or Naval Service, based on the following facts: Age of defendants is unknown; Present place of employment is unknown; Present place of Residence is 16 Montsera Road, Carlisle, PA 17013 as of the date of this affidavit. ADDITIONAL FACTS, if any. Affidavit based upon representations of Plaintiff. BARLEY N DE LL Date: ??' ?/ By: Sha , M. Long, Es uire Attorneys for Plain IT Fulton Bank, as S ecessor by Merger to The Drovers & Mee anics Bank Sworn and subscribed to before me this 1525427-1 Court I.D. No. 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 day of a . 2p05. N r Pu lic i,OMMOIti1.'VEAL7i-. OF PENNSYLVANIA i v} F 8 r lay No "'y Public CiP/ 1. nrra to L a c.., G.". My Coar, ?? wn e Mar. 14, 2009 M1A rnh 77'? •rt! Nofe!ies No. 05-5522 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 FULTON BANK, as Successor by Merger to THE DROVERS & MECHANICS BANK, Plaint V, BRYAN L. YOUTZY, CERTIFICATE OF RESIDENCE 1, Shawn M. Long, attorney for Plaintiff, Fulton Bank, as Successor by Merger to The Drovers & Mechanics Bank hereby certify that to the best of my knowledge, information and belief: The precise address of Plaintiff is One Penn Square, P. O. Box 4887, Lancaster, Pennsylvania 17604. The last known address of Defendant, Bryan L. Youtzy is 16 Montsera Road, Carlisle, Pennsylvania 17013. Defendant T OF COMMON PLEAS OF ERLAND COUNTY, PENNSYLVANIA ACTION - LAW o.05-5522 LLC Dated: I By: Shawn Mong, Esquire Court LD o. 83774 Attorney for Plaintiff Fulton Bank, as Successor by Merger to The Drovers & Mechanics Bank 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 1525427-1 77, 44 C? ? T. No. 05-5522 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Curt Long, Prothonotary CARLISLE, PENNSYLVANIA TO: DA Bryan L. Youtzy 16 Montsera Road Carlisle, PA 17013 RE: Fulton Bank, as Successor by Merger to The Drovers & Mechanics Bank Plaintiff VS. Bryan L. Youtzy, Defendant NO. 05-5522 You are hereby notified pursuant to requirements of Pennsylvania Civil Procedural Rule #236 that on ber 22 , 2005, a judgment by default has been entered in the Court of Common Pleas of Cumberland County to Docket No. 05-5522 and against Bryan L. Youtzy, Defendant, in the amount of $98,383.68. URT L G, rothon ary Pile Ii cc ? 21 '-2 ?- By: Deputy 1525427-I Notice of Hearing Amy Taylor Avery, Caroline Grace Taylor Avery, Juliana Katherine Taylor Avery Plaintiff V. Gilbert Eugene Prokop Jr. Pagel of 2 Pr p-d - ti?'? 3? Cr a SZt 3 /c : IN THE COURT OF COMMON pt r C?H : PLEAS OF P : CUMBERLAND COUNTY, : PENNSYLVANIA Defendant . CIVIL ACTION - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do.so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, be prohibited from possessing any firearm, other weapon, ammunition or any firearm license, and lose other important rights, including custody of your children. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearin"a the matter is scheduled for AAr, at Courthouse Square, Carlisle. in Courtroom ,3 _ at Cumberland County Courthouse, One If an order of protection has been entered, you MUST obey the order until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000 and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §§2261-2262. If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm, other weapon, or ammunition listed herein to a third party provided you and the third party first comply with all requirements to obtain a safekeeping permit. 23 Pa.C.S.A. §6108.3. You must relinquish any firearm, other weapon, ammunition or any https://www.pfad.org/PFADLive/noticeofliearing.asp?NoHID=142830&cmdMove=View... 9/18/2008 Notice of Hearing Page 2 of 2 firearm license listed in the order no later than 24 hours after service of the order. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, you must provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105. NOTICE: Even if this order does not direct you to relinquish firearms, you may be subject to federal firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(g)(8). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Distribution to: Debra R. Mehaffie, Esquire, Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 Faxed & Mailed to PSP https://www.pfad.org/PFADLive/noticeof iearing.asp?NoHID=142830&cmdMove=View... 9/18/2008 Temporary Protection From Abuse Order Amy Taylor Avery, Caroline Grace Taylor Avery, Juliana Katherine Taylor Avery Plaintiff V. Page 1 of 4 : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA No. Q?-S5 a Gilbert Eugene Prokop Jr. ' CIVIL ACTION - LAW Defendant ' PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Gilbert Eugene Prokop Jr. Defendant's Date of Birth is: November 6, 1966 Defendant's Social Security Number is: Name(s) of All protected persons, including Plaintiff and minor children: 1. Amy Taylor Avery 2. Caroline Grace Taylor Avery 3. Juliana Katherine Taylor Avery AND NOW, on 18th Day of September, 2008 pursuant to 23 Pa.C.S. §6107(b) after conducting an ex parte proceeding and finding that the Plaintiff is in immediate and present danger of. abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 3609 Wansford Road, Mechanisburg, PA 17050 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either https://www.pfad.org/PFADLive/temporder.asp?temporderID=231116&cmdMove=View+... 9/18/2008 Temporary Protection From Abuse Order Page 2 of 4 directly or indirectly, at any location, including but not limited to any contact at Plaintiff s or other protected party's school, business, or place of employment. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. CUSTODY Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: • Defendant shall have no partial physical custody/visitation rights. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Caroline Grace Taylor Avery 2. Juliana Katherine Taylor Avery The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this order. 6. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant is prohibited from possessing, transferring or acquiring any firearms for the duration of this order. Defendant is directed to relinquish to the sheriff any firearm, other weapon or ammunition listed in Attachment A to Temporary Order, which is incorporated herein by references. Defendant may relinquish any firearms, other weapons or ammunition to the sheriff. As an alternative, Defendant may relinquish firearms, other weapons and ammunition to a third party provided Defendant and the third party first comply with all the requirements to obtain a safekeeping permit. Defendant must relinquish any firearm, other weapon, ammunition or firearm license ordered to be relinquished no later than 24 hours after service of this order. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide to the sheriff an affidavit listing the firearms, other weapons or ammunition and their current location no later than 24 hours after service of this order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105. 7. The following additional relief is granted: Other Relief: Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties or solely by the Plaintiff. https://www.pfad.org/PFADLive/temporder.asp?temporderID=231116&cmdMove=View+... 9/18/2008 Temporary Protection From Abuse Order 8. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Hampden Township, Camp Hill Boro, Dauphin County, Harrisburg City, Mahoning County Sheriff, Ohio 9. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT' UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, Page 3 of 4 https://www.pfad. org/PFADLive/temporder.asp?temporderID=231116&cmdMove=View+... 9/18/2008 Temporary Protection From Abuse Order Page 4 of 4 other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff mad arre BY C Judge ? /I Wo Date Distribution to: Debra R. Mehaffie, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 j`VLV Femed & Mailed to PSP 4) log ? ?UNYv? https://www.pfad.org/PFADLive/temporder.asp?temporderID=231116&cmdMove=View+... 9/18/2008 m Lij C? cv co x LJ (/) 1. ? - r" © era o a N Martin, Mary-Jean From: ra-jnetoperations@state.pa.us Sent: Thursday, September 18, 2008 3:49 PM To: Martin, Mary-Jean Subject: PFAD Document Confirmation No.085522 against PROKOP, GILBERT PFAD Document Confirmation No.085522 against PROKOP, GILBERT filed by TAYLOR-AVERY, AMY RECORD ACCEPTED BY CLEAN: 2008-09-18 15:46:43Z