HomeMy WebLinkAbout02-1129 SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTOI/NEYSsAT*LAW
26 W. High Street
Carlisle, PA
HARRY P. CLEVER, JR.,
Plaintiff
vs.
LARRY A. WINEBRENNER and
CHRISTINE L. WINEBRENNER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002- //~3_~' CIVIL TERM
ACTION IN EJECTMENT
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20)
DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRI~-~EN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO
DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR
FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORN~'S*AT,LAW
26W. High Street
Carlisle, PA
HARRY P. CLEVER, JR.,
Plaintiff
VS.
LARRY A. WINEBRENNER and
CHRISTINE L. WINEBRENNER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 2002- I i~ CIVIL TERM
: ACTION IN EJECTMENT
COMPLAINT
COUNT I - EJECTMENT
NOW comes Plaintiff, Harry P. Clever, Jr., by and through his counsel, SAIDIS,
SHUFF, FLOWER & LINDSAY, and files this Complaint, alleging in support thereof the
following:
1. Plaintiff, Harry P. Clever, Jr., is an adult individual residing at 1202 Creek
Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendants, Larry A. Winebrenner and Christine L. Winebrenner, are
adult individuals residing at 25 Mountain Street, Mt. Holly Springs, Cumberland County,
Pennsylvania 17065.
3. Plaintiff is the owner of the premises situate and known as 25 Mountain
Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065 (the "Property") by
a Deed dated December 30, 1986, and recorded at Deed Book "K" Volume 32, Page
420 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
(the "Deed"). Plaintiff is also the seller under the Agreement for the Installment Sale of
Real Estate dated November 4, 1988, (the Agreement") and Defendants are
Purchasers thereunder. A true and correct copy of the Deed and the Agreement are
attached hereto as Exhibits "A" and "B" respectively and made a part hereof.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATI'ORN~S.ATeLAW
26 W. High Street
Carlisle, PA
Plaintiff agreed to sell the Property to Defendants under the terms and
o
conditions set forth in the Agreement.
5. The Agreement obligates Defendants to pay a total consideration of
$19,000.00 to Plaintiff for the purchase of the Property. Monthly installments of $296.14
were due and payable beginning on November 30,1988, and payable on the 30th day
of each month thereafter for a period of 84 months. All remaining principal and any
unpaid interest was due and payable in full on October 30, 1995 according to the
Agreement.
6. Defendants last made a payment to Plaintiff of $150.00 on May 19, 2001.
Due to prior irregularities in payments from Defendants, the payment made on May 19,
2001 leaves a principal balance owing of $1,055.42.
7. Interest is due on the unpaid balance according to the terms of the
Agreement at 8% per annum. As of August 31,2001, interest of $273.77 is due with a
per diem rate thereafter at $0.44.
8. The Agreement also obligates Defendants to pay the taxes and municipal
assessments, if any, relating to the property. For the period from 1989 through 1999, a
total of $684.33 was paid for taxes by Plaintiff because Defendants failed to pay such
amount when due.
9. The agreement also provides an obligation of Defendants to pay Plaintiff's
reasonable attorney fees for collection of the unpaid amounts.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNL~'S*AT*LAW
26 W. High Street
Carlisle, PA
10. Defendants are in default of their obligations as Buyer under the terms of
the Agreement for failure to pay to Plaintiff, when due, the monthly installment amounts,
the outstanding principal balance, the interest outstanding and accruing and the
delinquent taxes as set forth in the above paragraphs.
11. Plaintiff, by Act 91/6 Notice sent on August 31, 2001, notified Defendants
of their default under the terms of the Agreement and demanded that Defendants cure
the default within 30 days of the date of the Notice. The Notice also contained the
required information regarding foreclosure. A true and correct copy of the Notice sent
on August 31,2001 is attached hereto as Exhibit "C" and made a part hereof.
As of the date hereof, Defendants have failed and refused to cure the
12.
default.
13.
Plaintiff has exercised his option under the Agreement to terminate the
Agreement of Sale without further notice to Defendants.
14. As of the date of this Complaint, Defendants continues to occupy the
property.
WHEREFORE, Plaintiff prays this Honorable Court enter judgment in favor of
Plaintiff and against Defendants, Larry A. Winebrenner and Christine L. Winebrenner,
for possession of the property known and numbered as 25 Mountain Street, Mt. Holly
Springs, Cumberland County, Pennsylvania 17065.
COUNT II - LOSS OF RENTAL INCOME
15.
as though here set forth at length.
Paragraphs 1 through 14 inclusive are incorporated herein by reference
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORIk~YS,AT'LAW
26 W. High Street
Carlisle, PA
16. The Agreement requires Defendants to pay to Plaintiff, in addition to the
monthly installment of principal and interest due under the Agreement, all taxes,
municipal assessments, and interest on the unpaid amounts.
17. Despite Plaintiffs demand, Defendants have failed to pay to Plaintiff the
outstanding principal and interest, the delinquent taxes and interest on these unpaid
amounts since the last payment made on May 19, 2001.
18. The Agreement requires Defendants to forfeit all monies paid as
liquidated damages, representing the fair rental value of the Property during the time for
which the monthly installments were paid.
19. The Agreement requires Defendants to pay to Plaintiff reasonable
attorneys' fees for the collection of the unpaid amounts.
20. An itemized computation of the amount due to Plaintiff by Defendants for
the period of October 1999 through February 1999 at $296.14 per month, as a result of
Defendant's default under the Agreement, is as follows:
A. Outstanding principal balance accrued:
B. Interest at 8% through August 31,2001:
C. Delinquent taxes for 1989 through 1999:
D. Attorney's fees through collection - estimated
amount:
Sub-total due to Plaintiff as of August 31,2001
per diem interest of $0.44 from September 1,2001
to date of the Verification [March 5, 2002]
Sub-total due to Plaintiff as of March 5, 2002
$1,055.42
$273.77
$ 684.33
$ 500.00
$ 2,513.52
_$81.84
$ 2,595.36
4
21. Penalties for non-payment continue to accrue under the terms and conditions of
the Agreement.
WHEREFORE, Plaintiff prays this Honorable Court enter judgment against
Larry A. Winebrenner and Christine L. Winebrenner, in the amount of
$2,595.36 plus additional per diem interest as proVided in the Agreement, reasonable
attorney's fees and costs.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
Jarr{e~'D. FIj~er, Jr., Esquire
ID#_2774.2_ ~. _.
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
A'ITORN~YS,AT'LAW
26 W. High Street
Carlisle, PA
VERIFICATION
I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE
PENALTIES OF 18 PA. C.S. § 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
HARR~P, CLEVER, JR.
6
Jfadc the 30th day GE Oecember , in the y~r
Xineteen humored an~ eighty-six (1986)
~1~"~t~6~% CARLISLE BUILDING & LOAN ASSOCIATION~ duly organized under
the laws of the Co~onwealth of pennsylvania, of 17 West
High Street, Carlisle, cumberland Co~u~ty, Pennsylvania,
(hereina/ter called the Grantor ),o/the one part, and
HARRY P. CLEVER and HIRIN4G. CLEVER, his wife. of Cunfoerlend County.
Pennsylvania,
(hereinafter called the Grantee s ), o/ the other part:
~l~}%tCG~e~l~,
money o/the ~nlted ~tates o/~merica, unto ~t well and truly paid bv the
said Grantee~ a~ and befor~ the sealing a~ delivery of these presents, the re~eip~
.whereo/ is hereby a~knowled~ed, has ~ranted, bar~ained, sold, allened,
enfeoffed, released and construed, and by these presents does grant, .bargain,
sell, alien, eh/COif, relate a~ eon~rm ~nto the ta~ OranteeS
and
AL~ that certain tract o~ land with the ~prov~nts thereon
erected situate in Mt. Holly Springs, County of c~rland and
state of Pennsylvania, bounded and described as ~oll~s,
wit:
HAVING a frontage on Mountain Street of 50 feet and extending
to an even depth of 180 feet
~he Mt. Holly springs Paper Company, being bounded on the East
by the land now or ~ormerly o~ Jesse Harry and and on the North
and West by lands no~ or formerly of Mt. Holly Springs Paper
Company and on :he South by Mountain Street.
BEING improved with a dwelling house known as No. 25 Mo~ta~n
street.
BEING the s~e premises which Richard E. Fraker,
Fraker, husband and wife, by Deed dated ~une 20, 1986, and
recorded
Deed Book E, Vol~e 32, Page 191, granted and conveyed
Carlisle Building & Loan Assoclgtion, Grantor herein.
~ /~. ~c ~l~..-J,,
' ~' COMMOt4W£ALTH OF PENNSYLVANI/~ ~
m D~PARTMENT Ot~ R~V£NI. JE ~
~.ogtl~e~ wlt[~ all and singular the improvements,
streets, alleys, passages, ~tzrs, ~ter-courszs, rights, libertizs, privileges, herzdita-
ments and appurtenances whatso~wr thereunto belonging, or in any
appertaining, a~ the rever~ns a~ re~i~er~, rent~, issues a~ pro~s thereof,
a~ all the estate, ~ght, t~e, i~terest, property, ~laim a~ de~ whatsoe~r o~
the ~a~ Omntor , in ~w, eq~tF, or othe~se howsoever, of, tn, a~ to ~he same
her~dl~aments
and premises hereby ~rant~d, or mentioned and Intended so to b~ ~th th~
a~ Jssign.*, to
and for th~ o~ proper
and Jssi~ns for~ver.
~ub th~ said Orantor, for itsdf and it~ suGGesters d~s by th~e presents oovenant,
~rant and a~re~, to and ~th th~ sa~ Orante~a
a~ Assigns, that ~t .th~ said Grantor, a~ itt Sucoe~sort, aRa~ ttng~r tha
heredltaments
t so to b~, ~lth th~ appurte~noes, unto the sa~ Orante~
and a~ainst all and every other
~l~ a~ ~lg specfally
of themt
the said Grantor, has caused this Indenture to be e~zouted bi/its Executive. V~ce
president, attested by its Secretary, and ire corporate leal to ba al~D:~d
the day and year ~rzt above written.
-o: 2rAC~ 4~
mz, thz ~ubscdb~r, a ~otary P~C in a~ /or ~a~ Commonwealth a~ Count~.
pzrsonallg appeared Lyle B. Shughar~
wAo~ck~o~I~d~ ~m~W~° b~ ~Executive Vice president of Carlisle Building &
~ut~ th* foregoing I~tr~m~t for th~ pur~
· ',.: '.~ HI ....
C.~e, C~mbed~d C~y., ~ 1~13
eom m~sion ~pi~e~ ~y l~ ~ ~ 3~ 1~
~ota~ P~blio~
~[~ that the precise address of the ~rantee~ herein
AGREEMENT FOR THE INSTALLMENT SALE OF REAL ESTATE
THIS AGREEMENT made this ~/ day of November, 1988,
between;
Harry P. Clever and Miriam G. Clever his wife, hereinafter
referred to as SELLERS, AND;
Larry A. Winebrenner and Christine L. Winebrenner, His
Wife, hereinafter referred to as PURCHASERS;
WITNESSETH THAT :
1. SELLERS, their Heirs and Assigns, for the
consideration hereinafter mentioned and contained, agree
to sell and convey to Purchasers, their Heirs and Assigns,
all that certain tract of land as described more
particularly in Exhibit A , attached hereto and
incorporated herein.
2. IN CONSIDERATION WHEREOF Purchasers agree to pay
to Sellers, the sum of NINETEEN THOUSAND
($19,000.00) Dollars, together with
interest at the rate of EIGHT percent (8%) per annum, in
monthly installments of TWO HUNDRED NINETY SIX--AND--
..... 14/l~~ -TJ$296.14) Dollars
beginning on November '~'~u---- 1988, and continuing
in regular monthly installments thereafter for a period of
EIGHTY FOUR MONTHS from the date of this Agreement; on or
before which date Purchasers shall pay in full the
remaining balance of the purchase price herein.
3. IN ADDITION to the said monthly payments,
Purchasers agree to pay all taxes, municipal assessments,
utility charges, if any, and make all necessary repairs to
the premises, and to keep in force not less than NINETEEN
THOUSAND Dollars of Fire Insurance with extended coverage,
with loss payable to the parties hereto as their interests
may appear. In the event a loss covered by said insurance
shall occur the proceeds shall be applied to repair and
restoration unless Seller's interest shall be impaired.
Purchasers shall have the privilege of paying as much more
than the required monthly installment of principal and
interest as they desire, and nothing contained in this
Agreement shall be construed to limit them to said amount.
All payments shall be made to the Sellers at such address
as Sellers shall direct.
4. IT IS ALSO AGREED between the parties hereto that
possession of the said premises shall be delivered to
Purchasers on the date of this agreement and that
purchasers shall be entitled to receive rents, issues and
profits therefrom, from said date of delivery of
possession subject to the conditions herein set forth.
Purchasers agree that any additions, repairs or
improvements to the premises shall become part of the real
estate and shall not be removed in the event of default
under this agreement but shall remain as part of the
property. In the event of default, Purchasers shall not be
entitled to receive or claim compensation for any such
improvements which shall become the property of the
Seller.
5. TAXES for prior years have been paid. Taxes for
the current year shall be pro-rated between the parties
hereto using the fiscal year of the taxing authorities as
the basis, the date of execution of this Agreement as
pro-rating date. At final settlement, Sellers agree to
pay the sum of ONE HUNDRED NINETY
($190.00) Dollars as their share of Realty
Transfer Taxes.
6. UPON compliance with the foregoing terms and
conditions and payment of the said purchase price in full,
Sellers will, at their expense, make, execute and deliver
to the Purchasers a good and suffi'cient deed for the
proper conveying and assuring of the said premises, in fee
simple, free from all encumbrances, dower and right of
dower, subject only to easements and restrictions, visible
or of record, such conveyance to contain the usual
covenants of general warranty.
7. IN THE EVENT Sellers shall default in the payment
of any debt or obligation which is or shall become a lien
or charge upon the herein conveyed real estate, then the
Purchasers shall have the right to pay said debt or
obligation on behalf of Sellers and deduct any amount so
paid from the balance due under this Agreement.
8. IN THE EVENT Purchasers shall fail to make said
monthly payments as aforesaid for the space of THIRTY DAYS
after the same shall have become due and payable by the
terms hereof, or if a breach of any of the foregoing
conditions be made by the Purchasers, then and in such
case this Agreement shall become null and void and the
Purchasers shall forfeit all monies then paid as
liquidated damages, representing the fair rental value of
the property during the time the same shall have been
occupied by the Purchasers. Further, upon default the
entire principal sum remaining unpaid shall become due and
payable at once and may be collected by suit or otherwise;
and the Prothonotary or any attorney of any court of
record of Pennsylvania or elsewhere is hereby authorized
and empowered to appear for and confess judgment against
the Purchasers and in favor of the Seller for the whole
amount of said principal sum remaining unpaid, together
with interest, costs of suit, release of errors,
attorney's commission of five percent and waiving
inquisitions and exemptions. Purchasers, in the event of
default, hereby authorize the Prothonotary or any attorney
of any Court of Record of Pennsylvania, to appear for and
to confess judgment in an amicable action of ejectment
against them and in favor of the Sellers'for the premises
herein described, and to direct the immediate issuing of a
Writ of Possession with clause of execution for costs,
waiving all irregularities, without notice and without
leave of Court, and with ONE HUNDRED ($300.00) Dollars
added as reasonable attorney's fees.
9. NO MODIFICATION of this Agreement shall be
binding, unless the same shall be in writing and duly
approved by the parties hereto. The interest of
Purchasers in this Agreement shall not be assignable, in
whole or in part, without the prior written consent and
approval of the Sellers and if such assignment is
attempted, all rights and remedies of the Seller set forth
herein or which the Sellers may otherwise have, shall
immediately accrue. Transfer of title by Will,
survivorship or by descent shall not be regarded as an
assignment requiring the consent and approval of the
Sellers.
10. SELLERS promise and agree that for and during the
entire term of this Agreement, no liens or encumbrances
shall be entered against the herein conveyed premises
which would exceed at any time the balance due on the
purchase price as previously stated herein.
11. THIS AGREEMENT is to extend to and be binding
upon the heirs, successors, executors, administrators and
assigns, of the parties hereto, each of whom has read and
executed this agreement intending to be legally bound
hereby.
12. THE PARTIES AGREE THAT THIS AGREEMENT SHALL NOT
BE RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS.
13. IT IS ACKNOWLEDGED THAT EDWARD W. HARKER IS
ACTING IN THIS MATTER AS ATTORNEY FOR THE SELLER AND HAS
NOT ADVISED THE PURCHASERS OR CERTIFIED THE TITLE TO THE
PREMISES.
IN WITNESS WHEREOF, %he parties hereto have executed
this Agreement, the day and year first above written.
ATTEST :, ~
Purchaser
DEED'~ o~rp. to..,Ind, or Corp.
Executive Salei Co., 1211 Arch .St., Philo. 7, Pa.
3lade the 30th day of December ,~ the ~ear
37neteenhundrcd a~ eighty-six (1986)
.l -htl rU CARLISLE BUILDING & LOAN ASSOCIATION, duly organized under
the laws of the Commonwealth 'of Pennsylvania, of 17 West
Bigh Street, Carlisle, CLunberland County, Pennsylvania,
(hereinafter called tke Grantor ), o/ the one part, and
HARRY P. CLEVER and MIRIAM G. CLEVER, his wife, of Cumberland County,
........ - Pennsylvania,
:~.~ '~.
ALL that certain tract of land with the improvements thereon
erected situate in Mt. Holly Springs, County of Cumberland and
State of Pennsylvania, bounded and described as follows, to
wit:
HAVING a frontage on Mountain Street of 50 feet and extending
to an even depth of 180 feet to the property now or formerly of
the Mt. Holly Springs Paper Company, being bounded on the East
by the land now or formerly of Jesse Harry and and on the North
and West by lands now or formerly of Mt. Holly Springs Paper
Company and on the South by Mountain Street.
BEING improved with a dwelling house known as No. 25 Mountain
Street.
BEING the same premises which Richard E. Fraker, Jr. and Joy E.
Fraker, husband and wife, by Deed dated June 20, 1986, and
recorded in the Cumberland CountyRecorder of Deeds Office in
Deed Book E, Volume 32, Page 191,~.granted and conveyed to
Carlisle Building & Loan Association, Grantor herein.
FILE COPY
Date:
To:
August 31, 2001
ACT 91 / 6 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Chris Winebrenner
25 Mountain Street
Mount Holly, PA 17065
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT
TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the mortqaee on your home is in default and the lender intends to foreclose.
S~ecific information about the nature of the default is provided in the attached paqes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO
SAVE YOUR HOME. This Notice explains how the proqram works,
To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the
counselinq aqency.
The name, address and phone number of Consumer Credit Counselinc~ Aoencies servinq your County are
listed au the end of this Notice. If you have any questions, you may call the Pennsylvania Housincl Finance
Ac!encv toll free at !-800-342-2397. (Persons with impaired hearinq may call (717~ 780-1869.
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANC1A, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENOO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO"HOMEOWNERS
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
Homeowner's Name(s):
Property address:
Loan / Account number:
Original Lander:
Current Lender / Servicer:
Chris Winebrenner
25 Mountain Street, Mount Holly Springs, PA 17065
Article of Agreement dated on or about November 1988
Harry P. Clever, Jr. & Miriam G. Clever
Harry P. Clever, Jr. & Miriam G. Clever
HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE.
· iF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, 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 THIRTY/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-tf ou meet with one of the consumer credit
counselin a(3encies listed at the end of this Notice the lender ma NOT take action a ainst ou for thi
30 days after the date of this meetin . The names addresses and teie hone numbers of~
consumer credit counselin a(~encies for the Coun in which the oro e is located are set fort.._~.h at the
end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth
later in this Notice (see following pages for speci['ic 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 wil~ be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (80) 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 PURPOSE 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 (Brinq it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located
at: Insert Property Address 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: October 1999 thru February 1999 at $296.14 per month.
Monthly Payments Plus Late Charges Accrued $1,055.42
Interest @ 8.0% thru August 31, 2001
Delinquent Taxes for 1989 thru 1999:
Attorney Fees [ to be charged hourly rate]
Total amount to cure default
$ 273.77
$ 684.33
$ 500.00
$ 2,513.52
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A
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 $2,513.52, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money
order made payable and sent to: James D Flower, Jr., Esquire, 26 West High Street, Carlisle, PA;
Telephone 717-243-6222; Fax 717-243-6486.
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this
letter.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its riqhts to accelerate the mortqaqe debt. This means
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 attorney to start legal action to
foreclose ucon your mort,qaqe oropertv.
IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, 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 ail 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 owed to 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
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riqht 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 payinq
the total amount then past due. plus any late or other charqes 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 writinq by the lender and by performinq any other requirements under the mortqaqe. Curing
your default in the manner set forth in this notice will restore your mortgage to the same positio, as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATF - It is estimated that the earliest date that such a Sheriff's
Sale of the mortgage 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: James D Flower, Jr., Esquire, 26 West High Street, Carlisle, PA;
Telephone 717-243-6222; Fax 717-243-6486.
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 X 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 cost 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 SERV1NG YOUR COUNTY IS ATTACHED.
Very truly yours,
SAIDIS, SHUFF, FLOWER & LINDSAY
James D. Flower, Jr., Esquire[i'..~ '-
Cc:
Harry P. Clever
1202 Creek Road
Carlisle, PA 17013
Certified Mail Receipt No. 7000-1530-0002-4690-8186
PENNSY/VANINA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397
CUMBERLAND COUNTY
Consumer Credit Counseling Service of Western Pennsylvania, Inc.
2000 Linglestown Roed
Harrisburg, PA 17102
(717) 541-1757
Financial Services Unlimited
117 West 3= Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metml=olitan Hamsburg
25 N. Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 232-4985
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 243-3948
m
9~ 069h 2000 0£S~ 000~
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01129 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CLEVER HARRY P JR
VS
WINEBRENNER LARRY A ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
WINEBRENNER LARRY A the
DEFENDANT , at 1935:00 HOURS, on the 12th day of March
at 25 MOUNTAIN STREET
MT HOLLY SPRINGS, PA 17065 by handing to
CHRISTINE WINEBRENNER
a true and attested copy of COMPLAINT - EJECTMENT
, 2002
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.83
Affidavit .00
Surcharge 10.00
.00
32.83
Sworn and Subscribed to before
me this /~ day of
~ ~2~ A.D.
/ 'Prothonotar~ t -
So Answers:
R. Thomas Kline
03/13/2002
SAIDIS SHUFF FLOWER LINDSAY
Deputy S~n~riff U
SHERIFF'S RETURN - REGULAR
bASE NO: 2002-01129 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CLEVER HARRY P JR
VS
WINEBRENNER LARRY A ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
WINEBRENNER CHRISTINE L the
DEFEND~NT
at 25 MOUNTAIN STREET
, at 1935:00 HOURS, on the 12th day of March , 2002
MT HOLLY SPRINGS, PA 17065
by handing to
CHRISTINE WINEBRENNER
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~ day of
~ ~ A.D.
! Pffothonotary
So Answers:
R. Thomas Kline
03/13/2002
SAIDIS SHUFF FLOWER LINDSAY
Deputy 'She~i'ff ~
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carliale, PA
HARRY P. CLEVER, JR.,
Plaintiff
PENNSYLVANIA
LARRY A. WINEBRENNER and
CHRISTINE L. WlNEBRENNER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
NO. 2002- 1129
CIVIL ACTION - LAW
ACTION IN EJECTMENT
STIPULATION
CIVIL TERM
And now, this 15th day of April, 2002, it is hereby agreed between the
undersigned parties to the above captioned matter as follows:
1. Plaintiff, Harry P. Clever, Jr., filed his Complaint in Ejectment in the above
captioned matter on March 6, 2002.
2. Defendants, Larry A. Winebrenner and Christine L. Winebrenner, were
served with Plaintiffs Complaint on March 12, 2002.
3. The parties entered into a Forbearance Agreement dated April 15, 2002, by
which the parties agreed to resolve all of the disputes and differences arising
out of or in connection with the Plaintiffs Complaint filed in the above
captioned matter. The Forbearance Agreement is incorporated herein by
reference the same as if set forth at length.
4. The Defendants hereby admit all allegations contained in Plaintiffs
Complaint in this matter and waive any and all notices, rights to notice, and
rights to cure Defendants' defaults described in the Complaint which may
otherwise be available to the Defendant under the Agreement for the
Installment Sale of Real Estate described in the Complain (the
"Agreement"), or any other agreement or document executed in connection
SAIDIS
SHUFF, FLOWER
& LINDSAY
2§W. High Street
Carlisle, PA
"Agreement"), or any other agreement or document executed in connection
therewith, or otherwise at law or in equity, and waive any and all defenses to
the Complaint.
Judgment shall be entered against Defendants, Lmry A. Winebrenner and
Christine L. Winebrenner and in favor of Plaintiff as provided in the Order
attached hereto in the amount of Five Thousand Seven Hundred Seventy-Six
and 75/100 Dollars ($5,776.75)), plus interest at the rate of One and 18/100
Dollars ($1.18) per day tl~rough the date of payment, including on and after
the date of entry of judgment on the Plaintiff's Complaint, and for costs, and
for ejectment and loss of rental income of the property as described in
Plaintiff's Complaint.
IN WITNESS WHEREOF, the Plaintiff and Defeudants have
executed this Stipulation as of the 7-~day of April, 2002.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:_~
Forrest N. Troutman, II, Esquire
iD# 86575
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATro~YS,.AT.LAW
26 W. High Street
Carlisle, PA
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HARRY P. CLEVER, JR.,
Plaintiff
LARRY A. WINEBRENNER and
CHRISTINE L. WINEBRENNER,
Defendants
No. 2002 - 1129 (Civil Term)
CIVIL ACTION - LAW
(In Ej ectment)
PRAECIPE TO SETTLE~ DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above-captioned matter settled, discontinued and ended.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
~i/n~{say-Gi-ng~h Mac02ay, Esqmre t9
Attorney I.D. No: 87954
26 West High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
Attorneys for Plaintiff