HomeMy WebLinkAbout02-1342VARTAN NATIONAL BANK,
Plaintiff
Ve
WILLIAM A. HOOVER and
Defendant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
:PENNSYLVANIA
: CIVIl. ACTION - LAW
NOTICE
You have been sued in court, ffyou 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 have bc~n served. To defend against the aforementioned claims, a written
appearance stating your defenses and objections must be entered and filed in writing by
you, the defendant, or by an attorney. You are warned that ifyou fail to take action
against these claims, the court may proceed without you and a judgment for any money
claimed in the complaint or for another claim required by the Plaintiff may be entered
against you by the court without further notice. You may lose money, 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
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICIA
Le hah demnndndo n usted en la corte. Si usted quiere defenderse de estns
demnndns expunstns en Ins pnginns siguientes, usted tiene viente (20) dins de plazo al
partir de la fechn de la demnndn y la notificacion. Usted debe presentar unn
npnriencla escritn o en persona o pot nbogndo y nrchivar en la corte en formn
escritn sus defensns o sus objeciones n las demnndns en contra de su persona. Sea
nvisdno que si usted no se defiende, la corte tomnra medidns y puede entrnr unn
orde contra usted sin previo nviso o notificacion y por cunlquier queja o alivio que
es pedido tm la peticion de demanda. Usted puede perder dinero o sus propiedndes
o otros derechos importnntes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO 1MMEDIAMENTE. SI NO
TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA
OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL:
CUMBERLAND COUNTY
CUMBERI,AND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 1701~
(717) 249-3166
VARTAN NATIONAL BANK,
Plaintiff
W~,Ll}]lt ~ ltOOV[R,
Defemlant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:
o3- 13q a
:
: CIVIL ACTION - LAW
:
AND NOW, comes thc Plaintiff, Vartan National Bnnk: by a~l throRgh i~ Attorney, the Law
Offic~ of Darrell C. Dethlofs, who in support of the within complaint agnin~ the above-captioned
De~l~d~nls lgpl~gRt$ a~
l. Plaintiff, VaVtan National Bank, formally I)a~phin National l~nk: is a Pennsylvania
B~nking In~itution with a principle place of business locagd at 3601 Vartan Way, Harrisburg,
Pennsylvania, 17110.
2. Defiant, William A. Hoover, is an adult individual with a residence located at 57
Westwood Court, Enola, Cumberland County, Penn~lwnia, 17025.
3. By the secured adjustable rote promissory note dated July 15, 1984, Dcfe~dsnt, William
A. Hoover, entered into a loan agreement with the pl~int/ff for a loan of $78,500.00 on terms and
conditions Sl~ificd in the note. A true and correct copy of the exe~q~ note is attached h¢~iu and
msrked as Exhibit "A".
4. Simultaneously with the execution of the aforementioned Note, Dofcndnnt's Executed a
Mortgage, which secured thc loan as eMd~nce by fig Mortgage 0atod July 15, 1984 to the propet~ lo~gci
at 57 Wegtwood Court, Enula, C~mberlalld Collllty, Pennsylvnnia, ARached hereto and nmrked Extffoit
"B' is a ~py of said Mortgage.
5. Purs~mnt to thc terms of the note, dofendnnt was to make rcg~dar monthly payments a!
an interest rate of in aceord~nce with the terms and ~onditions of said note.
6. The afoi~ Note and Mortgage is in default due to thc fact that the note is at least 241
days past due as of March 14, 2002.
8. Pursamnt tO the note, thc following amounts ar~ due and owing the Vartan National
B~nk by Defendant:
(a)
Unpaid Principle Balance
$71,250.76
Co) AccnledInterestthranghMarch 14, 2002 $ 3,351.30
(C) Late charge balance $ 271.05
(d) Costs $ 400 0o
TOTAL $ 75,273.11
9. Interest accrues at a variable rate pu_~mnt to th~ terms and conditions of the Note
attached hereto.
10. Purs~mnt tO tl~ note, Seventy-five thousand two hundred s~venty throe dollars and
! 1/100 ($75,273.11) is currently du~ ~nd owing th~ Vartan National t~_nk fxom C,~£~i~annt despite
demand, Defendnnt has failed to pay the amount due.
11. No judgment hx~ been entered upon said note in any jufisdiction~
12. Defendant is not a member of the Armed Forces of the United States of America, nor
engaged in any way, which would bring it within the Soldiers and Sailors Relief Act of 1940, as amended.
WHEREFORE, Plaintiff, Vanan National B.nnk~ demands judgment again~ Defendont in tile
amount of Seventy-five tho~,d two hundred seventy three dollars and 11/100 ($75,273.11) together
with interest at a variable rate calculated lRffS~mnt tO the Note attached he,to, which cal~lates to $13.356
per diem together with other charges, costs and atwmeys fees which amount is over the jurisdictional
limit for Compulsory Arbitration.
Attorney I.D. No: 58851
38O5 Market Street
Camp Hill, PA 17011
(717) 975-9446
Attorney for Plaintiff
BORROWER:
WILLIAM A. HOOVER,
single m-~,
PRINCIPAL:
$78,500.00
DAUPHIN NATIONAL BANK
SECURED ADJUSTabLE _~_a_TE INSTALLMENT NOTE
NOTICE TO BORROWER: THIS NOTE CONTAINS A PROVISION ALLOWING
FOR CHANGES IN THE INTEREST RATE. INCREASES IN THE INTEREST
RATE MAY RESULT IN HIGHER MONTHLY PAYMENTS, DECREASES IN THE
INTEREST RATE MAY RESULT IN LOWER MONTHLY PAYMENTS
July 15, 1994
HARRISBURG, PENNSYLVANIA
57 Westwood Court, Lot 29 of Plan Book 65, page 40
East Pennsboro Township, Cumberland County, Pennsylvania
1. BORROWERS' PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S.
SEVENTY EIGHT THOUSAND FIVE HUNDRED AND NO/100 ($78,500.00) DO?~-aJtS
(this amount is called "principal"), plus interest, to the order of the
Lender. The Lender is DAUPHIN NATIONAL BANK, Dauphin, Pennsylvania.
I understand that the Lender may transfer this Note. The Lender or
anyone who takes this Note by transfer and who is entitled to receive
payments under this Note is called the "Note Holder."
2. I~='~REST
Interest will be charged on that part of outstanding principal
which has not been paid. Interest will be charged beginning on the date
I receive principal and will continue to be charged until the full
amount of principal I receive has been paid.
Beginning on the date of this Note, I will pay interest at a yearly
rate of Seven (7%) (the "Initial Interest Rate"). The interest rate
that I will pay will change in accordance with Section 4 of this Note
until the loan is paid. Interest rate changes may occur beginning on
August 15, 1997. Each date on which the rate of interest may change
will be called a "Change Date". The initial change date shall be no
sooner than thirty-six (36) months from the date of this Note.
The rate of interest required by this Section and Section 4 of this
Note is the rate I will pay both before and after any default described
in Section 6 of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 15th day of each month, beginning
on August 15, 1994. I will make these payments until I have paid all
of the principal and interest and any other charges described below that
I may owe under this Note. This Note shall fully amortize within the
Loan Term of thirty (30) years from the date of this Note, and all sums
that I owe under this Note shall be repaid no later than July 15, 2024.
I will make monthly payments at Dauphin National Bank, P.O. Box
500, Dauphin, PA 17018, or at a different place if required by the Note
Holder.
(B) Borrower's Payments Before They Are Due
I have the right to make payments at any time before they are due.
A payment of principal only is known as a "prepayment". When I make a
prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or a partial prepayment without paying any
penalty. The Note Holder will use all of the prepayments to reduce the
amount of principal that I owe under this Note. If I make a partial
prepayment, there will be no delays in due dates of the monthly payments
unless the Note Holder agrees in writing to those delays. Prepayment
may reduce the subsequent monthly payments. Prepayments may also
shorten the length of the amortization period of the loan. However,
interest rate increases may offset the affect of a prepayment, all as
more fully discussed below.
(C) Amount of Monthly payments
The initial monthly payment will be in the amount of U.S. $522.26.
This amount is based on full amortization of the loan within thirty (30)
years with said amount rounded to the nearest $5.00 and the length of
the amortization period adjusted accordingly at the Initial Interest
Rate.
The monthly payment will change up or down if there is a change in
interest rate on the change dates in order to amortize the loan fully
within the Loan Term.
4. INtErEST IRATE CNANGES
(A) ChancreDa%es
The interest rate I will pay may change on the 15th day of August,
1997, and on that day every 12th month thereafter. Each date on which
my interest rate could change is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be
based on an Index. The "Index" is the weekly average yield on United
States Treasury securities adjusted to a constant maturity of one year,
as made available by the Federal Reserve Board.
(C) Calculation of Chaaqes in the Interest Rate
Before each Change Date, the Note Holder will calculate my new
interest rate by adding 2.75% percentage points to the Current Index.
Subject to the limits stated in Section D below, this amount will be my
new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly
payment that would be sufficient to repay the unpaid principal that I
am expected to owe at
my new interest rate
this calculation will
the Change Date in full on the maturity date at
in substantially equal payments. The result of
be the new amount of my monthly payment.
(D) ~4m4ts on Interest Rate Chanqes
My interest rate will never be increased or decreased on any single
Change Date by more than 2.0% percentage points from the rate of
interest I have been paying for the preceding 12 months. My interest
rate shall never exceed 6.0% percentage points greater than my Initial
Interest Rate.
(E) chanqes in the Monthly pa~nent
A change in the interest rate on the Change Date will cause a
change in the monthly mortgage payment. In order to enable you to repay
your loan within the Loan Term, your monthly payment will be adjusted
on the Change Dates to an amount that would fully amortize the loan
within the loan term after taking into consideration the interest rate
and the remaining years left on the loan.
(F) Effective Date of Chanqes
The new rate of interest will become effective on each Change Date.
In the event that the monthly payment changes for any reason as stated
in this Note, I will pay the new amount of the monthly payment each
month beginning on the first monthly payment date after the Change Date
until the amount of the monthly payment is again changed or I have fully
repaid the loan.
(G) Notice of Rate Chanqes
Dauphin National Bank will send me a notice of any rate change no
later than five (5) business days after an interest rate change is
implemented. This notice will tell me how the Index is changed and how
the interest rate and payment schedule will be effected. Dauphin
National Bank will provide me with any other disclosures required by
law.
(~) No~£ce of Paymen~ Chanqes
At least twenty-five (25) days before any payment change is due to
go into effect or the next payment under a payment change is due,
Dauphin National Bank will send me a notice of the payment change. This
notice will inform me of why the payment has changed, of the amount of
the new monthly payment, and of the amount of the monthly payment
necessary to amortize the loan within the Initial Loan Term. Dauphin
National Bank will provide me with any other disclosures required by
law.
5. LOAN CHARGES
If a law which applies to this loan and which sets maximum loan
charges is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with this loan exceed
the permitted limits, then: (i) any such loan charge shall be reduced
by the amount necessary to reduce the charge to the permitted limit; and
(ii) any sums already collected from me which exceed permitted limits
will be refunded to me. The Note Holder may choose to make this refund
by reducing the principal I owe under this Note or by making a direct
payment to me. If a refund reduces principal, the reduction will be
treated as a partial prepayment.
6. BOP. ROWERS' FAILURE TO PAE AS REQUIRED
(A) Late Charqe for Overdue Payments
If the Note Holder has not received the full amount of any of my
monthly payments by the end of fifteen (15) calendar days after the date
it is due, I will pay a late charge to the Note Holder. The amount of
the charge will be five (5%) percent of our overdue payment of
principal, interest and escrow, if applicable· I will pay this late
charge only once on any late payment.
(B) Default
If I do not pay the full amount of each monthly payment by the date
stated in Section 3(A) above, I will be in default.
(C) Notice from Note Holder
If I am in default, the Note Holder may send me a written notice
telling me that if I do not pay the overdue amount by a certain date,
the Note Holder may require me to pay immediately the full amount of
principal which has not been paid and all the interest that I owe on
that amount. That date must be at least thirty (30) days after the date
on which the notice was mailed to me.
Even if, at a time when I am in default, the Note Holder does not
require me to pay immediately in full as described above, the Note
Holder will still have the right to do so if I am in default at a later
time.
(D) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as
described above, the Note Holder will have the right to be paid back by
me for all its reasonable costs and expenses to the extent not
prohibited by applicable law. Those expenses may include, for example,
reasonable attorney's fees.
(E) Confession of Judqment
I do hereby authorize and empower the Prothonotary, Clerk of Court,
or any attorney of any court of record in Pennsylvania, or elsewhere,
to appear for and confess judgment against Borrower and in favor of the
Note Holder, its successors and assigns, after default with or without
declaration, for the amount due under this Note, with interest thereon,
together with any and all charges, taxes and liens paid by the Note
Holder, its successors or assigns, and in any manner affecting or
chargeable against the real estate subject to a Mortgage of even date
herewith, together with costs of suit and reasonable attorney's fees,
with release of all errors, and on which judgment the Note Holder may,
upon my failure to comply with any of the stated terms, provisions and
conditions of this Note, issue or cause to be issued an execution or
executions, waiving inquisition and condemnation as to any property
levied upon by virtue of any such execution, waiving all exemption from
levy and sale of the property which now is or hereafter may be exempt
under any Act of Assembly.
7. RIGHT TO POSSESSION
It is hereby and expressly agreed that in the event of any breach
by Borrower, of any covenant, condition or agreement of this obligation,
or of said Mortgage, it shall be lawful for the Note Holder to enter
upon all and singular the lands, buildings and premises granted by said
Mortgage to secure this obligation, together with the hereditaments and
appurtenances, and each and every part thereof, and to take possession
of the same and of the fixtures, appliances and equipment therein
contained, and to have, hold, manage, lease to Borrower or any other
person or persons, use and operate the same in such parcels and on such
terms and for such periods of time as Note Holder may, in the sole
discretion of Note Holder, deem proper, the Borrower agreeing that
Borrower shall and will, whenever requested by Note Holder so to do, as-
sign, transfer and deliver unto Note Holder any such lease or sublease;
and to collect and receive all rents, issues and profits of the said
premises granted to secure this obligation and every part thereof, for
which this obligation shall be a sufficient warrant whether or not such
lease or sublease has been assigned to Mortgagee, and to make from time
to time all alterations, renovations, repairs and replacements thereto
as may seem judicious to Note Holder, and after deducting the cost of
any or all such alterations, renovations, repairs and replacements and
expenses incident to taking and retaining possession of the said
property and the management and operation thereof, and keeping the same
property insured, to apply the residue of such rents, issues and prof-
its, if any, arising as aforesaid, to the payment of all taxes, charges,
claims, assessments, water and sewer rents and any other liens that may
be prior in lien or payment to said Mortgage or this obligation and
premiums for said insurance, with interest thereon, or to the interest
and principal due under this obligation and secured by said Indenture
of Mortgage, with all costs and attorney's fees, in such order or
priority, as Note Holder, in the sole discretion of Note Holder, may
determine any statute, law, custom or use to the contrary
notwithstanding; it being expressly agreed, however, that the taking of
possession by Note Holder, under this provisions, shall not relieve any
default which may have been made by Borrower, or prevent the enforcement
of any of the remedies by this obligation or accompanying Warrant of
Attorney or of said Mortgage provided in case of such default; and it
is further expressly understood and agreed that the remedies by this
obligation and Warrant of Attorney and said Indenture provided for the
enforcement of the payment of the principal sum secured by said
Mortgage, together with interest thereon, as hereinbefore specified, and
for the performance of the covenants, conditions and agreements, matters
and things herein contained, or in said Mortgage referred to, are
cumulative and concurrent and may be pursued singly or successively or
together at the sole discretion of the Note Holder and may be exercised
as often as occasion therefor shall occur.
8. BORROWERS' RIGHT TO PREPAY
I have the right to make any payments of principal at any time
before they are due. A payment of principal only is known as a
"prepayment". When I make a prepayment, I will tell the Note Holder,
in writing, that I am doing so.
I may make a full prepayment or a partial prepayment without paying
any penalty. The Note Holder will use all of my prepayments to reduce
the amount of principal that I owe under this Note. If I make a partial
prepayment, there will be no delays in the due dates of my monthly
payments unless the Note Holder agrees, in writing, to those delays.
My partial prepayment will reduce the amount of my monthly payments
after the first Change Date following my partial prepayment. However,
any reduction due to my partial prepayment may be offset by an interest
rate increase.
9. G~V~qG OF NOTZCES
Except for the notice provided for in Section 4, any notice that
must be given to me under this Note shall be given by certified mail.
All notices will be addressed to me at the Property Address above.
Notices will be mailed to me at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note
will be given by certified mail to the Note Holder at the address stated
in Section 3(A) above. Notices will be mailed to the Note Holder at a
different address if I am given a notice of that different address.
10. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each of us is fully and
personally obligated to pay the full amount owed and to keep all of the
promises made in this Note. Any guarantor, surety, or endorser of this
Note is also obligated to do these things. The Note Holder may enforce
its rights under this Note against each of us individually or against
all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
Any person who takes over my rights or obligations under this Note
will have all of my rights and must keep all of my promi.ses made in this
Note. Any person who takes over the rights or obligations of a
guarantor, surety, or endorser of this Note is also obligated to keep
all of the promises made in this Note.
11. WAIVERS
Anyone who signs this Note to transfer it to someone else (known
as an "Endorser") waives certain rights. Those rights are (A) the right
to require the Note Holder to demand payment of amounts due (known as
"Presentment"), and (B) the right to require the Note Holder to give
notice that amounts due have not been paid (known as "Notice of
Dishonor").
12. NON-WAIVER
The failure of the Bank to act upon any default of the Borrower
under the terms of this Note, or the failure of the Bank to take any
actions or do anything authorized to be done by the Bank pursuant to the
terms of this Note, including but not limited to, the decision by the
Bank to forego any increase in the interest rate authorized pursuant to
the terms of this Note, shall in no way constitute a waiver of the
rights of the Bank to act upon any default in the future or to take any
actions to do anything authorized to be done by the Bank pursuant to the
terms of this Note.
13. THXS NOTE SECURED BY A HORTGAGE
In addition to the protections given to the Note Holder under this
Note, a Mortgage executed simultaneously herewith protects the Note
Holder from possible losses which might result if I do not keep the
promises which I make in this Note. That Mortgage describes how and
under what conditions I may be required to make immediate payments in
full of all amounts that I owe under this Note.
14. TRAHSFER OF THE PROPERTY; ASSUMPTZON
If all or any part of the Property or an interest therein is sold
or transferred by Borrower without Note Holder's prior written consent,
excluding (a) the creation of a lien or encumbrance subordinate to this
7
Note and Underlying Mortgage, (b) the creation of a purchase money
security interest for household appliances, (c) a transfer by devise,
descent or by operation of law upon the death of a joint tenant, or (d)
the grant of any leasehold interest of three (3) years or less not
containing an option to purchase, Note Holder may, at Note Holder's
option, declare all the sums secured by this Note and Underlying
Mortgage to be i~m%ediately due and payable. Note Holder shall have
waived such option to accelerate if, prior to the sale or transfer, Note
Holder and the person to whom the Property is to be sold or transferred
reach an agreement in writing that the credit of such person is
satisfactory to Note Holder and that the interest payable on the sums
secured by this Note and Underlying Mortgage shall be at such rate as
Note Holder shall request. If Note Holder has waived the option to
accelerate, and if Borrower's successor in interest has executed a
written assumption agreement accepted in writing by Note Holder, Note
Holder shall release Borrower from all obligations under this Note and
Underlying Mortgage.
If Note Holder exercises such option to accelerate, Note Holder
shall mail Borrower notice of acceleration. Such notice shall provide
a period of not less than thirty (30) days from the date the notice is
mailed within which Borrower may pay the sums declared due. If Borrower
fails to pay such sums prior to the expiration of such period, Note
Holder may, without further notice or demand on Borrower, invoke any
remedies permitted by this Note or Underlying Mortgage.
Witness the hand and seal of the undersigned.
MORTGAGE
IS MORTGAGE is made this 15th day of July, 1994, between WILLIAM
A. HOOVER, single man, of 57 Westwood Court, Enola, Pennsylvania 17025,
hereinafter referred to as Mortgagor, and DAUPHIN NATIONAL BANK, of
Dauphin County, Pennsylvania, whose address is P.O. Box 500, Dauphin,
PA 17018, a corporation duly organized, incorporated and existing under
and in accordance with the laws of the Commonwealth of Pennsylvania,
hereinafter referred to as Mortgagee.
WHEREAS, said Mortgagor in and by their certain obligation under
their hands and seals, duly executed, bearing even date herewith, stand
bound unto the said Mortgagee, in the sum of SEVENTY EIGHT =~OUSAND FIVE
HUNDRED AND NO/100 ($78,500.00) DOT.T~tR$, lawful money of the United
States, conditioned that the said Mortgagor, their heirs, personal
representatives, successors and assigns, shall and do well and truly pay
or cause to be paid unto the said Mortgagee, its successors and assigns,
the sum of SEVENTY EIGHT THOUSAND FIVE HUNDRED AND NO/100 ($78,500.00)
DOLLARS, in accordance with the terms and conditions of that certain
Secured Installment Note between the Mortgagor and Mortgagee, of even
date herewith, the terms of which are incorporated herein by referenced
thereto.
AND ALSO, at all times, Mortgagor shall pay, when due (and in all
events prior to delinquency), all taxes, special taxes, assessments,
water charges and sewer service charges levied against or on account of
the Property, and shall pay, when due, all claims for work done on or
for services rendered or material furnished to the Property.
AND ALSO, at all times, Mortgagor shall procure and maintain
policies of fire insurance with standard extended coverage endorsements
on a replacement basis for the full insurable value, covering all
improvements on the real property in an amount sufficient to avoid
application of any co-insurance clause, and with a standard mortgagee
clause in favor of Mortgagee. The policy shall be written by such
insurance company and in such form as may be reasonably accepted to
Mortgagee. Such insurance shall be in an amount of at least $78,500.00.
AND the further condition of the said Mortgage is such that if, at
any time, default shall be made by Mortgagor in the payment of the
principal or interest as aforesaid, or if a breach of any of the other
foregoing conditions be made by the said Mortgagor, their personal
representatives, successors or assigns, the entire indebtedness,
including principal and interest, shall immediately become due and
payable, at the option of the said Mortgagee, its successors or assigns;
and payment of the same, together with an Attorney's Commission of FIVE
(5%) PERCENT on the said principal sum, in addition to costs of suit,
may be enforced and recovered at once.
NOW THIS INDENTURE WITNESSETH, that the said Mortgagor, as well as
for and in consideration of the said debt or sum of $78,500.00, and for
other good and valuable consideration, Mortgagor does hereby grant,
bargain, sell, convey, assign, transfer, release, confirm, and mortgage
to Mortgagee all of Mortgagor's right, title, and interest in and to the
following described real property, together with improvements thereon
(herein referred to as the "Property") and more fully described on
Exhibit "A" attached hereto and made a part hereof.
TOGETHER WITH~T.T. AND SING~LAR, THE hereditaments and appurtenances
whatsoever unto to hereby granted Property belonging, or in any wise
appertaining, and the reversions and remainders, rents, issues and
profits thereof.
TO HAVE AND TO HOLD THE SAID hereditaments and premises granted,
or mentioned, and intended so to be, with the appurtenances, unto the
said Mortgagee, its successors and assigns, to and for the only proper
use of the said Mortgagee, its successors and assigns forever.
AND the said Mortgagor, for their heirs and personal repre-
sentatives, successors and assigns, do hereby covenant, promise and
agree to and with the Mortgagee, its successors and assigns, that if the
Mortgagor shall neglect or refuse to keep up the aforesaid insurance or
pay all taxes, special taxes, assessments, water charges and sewer
service charges levied against the Property, or keep up the insurance,
it shall be lawful for the Mortgagee, its successors or assigns, to
insure said buildings in the sum aforesaid, and pay all of said taxes
and other charges, and recover the cost and expenses of such insurance
and other charges in a suit upon this Mortgage.
PROVIDED, that if the Mortgagor, their heirs, personal
representatives, successors and assigns, do and shall pay or cause to
be paid unto the Mortgagee, its successors or assigns, the principal sum
of $78,500.00, lawful money, aforesaid, on the day and time herein
mentioned, together with interest, taxes, costs and charges of
insurance, as aforesaid, without any deduction, defalcation or abatement
to be made of anything for or in respect of any taxes, charges or
assessments, whatsoever, then and from thenceforth, as well as this
Indenture and the estate hereby granted, as the said recited obligation,
shall cease, determine and become void.
AND PROVIDED also, that it shall and may be lawful for the
Mortgagee, its successors or assigns, when and as soon as the said
principal sum shall become due and payable as aforesaid to sue out
forthwith a writ or writs of Scire Facias or on an action of mortgage
foreclosure upon this Indenture of Mortgage, and proceed thereon to
judgment and execution for the recovery of the principal sum, and all
interest due thereon, and the cost and expenses of insurance and taxes
and other charges as aforesaid, together with an attorney's commission
if FIVE (5%) PERCENT, on said principal sum, together with costs of
suit, without stay of or exemption from execution or other process, with
a full release of errors.
If all or any part of the Property or an interest therein is sold,
transferred or otherwise conveyed by Mortgagor without Mortgagee's prior
written consent, excluding (a) the creation of a lien or encumbrance
subordinate to this Mortgage and underlying Note, (b) the creation of
a purchase money security interest for household appliances, (c) a
transfer by devise, descent or by operation of law upon the death of a
joint tenant, or (d) the grant of any leasehold interest of three (3)
years or less not containing an option to purchase, Mortgagee may, at
Mortgagee's option, declare all the sums secured by this Mortgage and
underlying Note to be immediately due and payable. Mortgagee shall have
waived such option to accelerate if, prior to the sale or transfer,
Mortgagee and the person to whom the Property is to be sold or
transferred reach agreement, in writing, that the credit of such person
is satisfactory to Mortgagee and that the interest payable on the sums
secured by this Mortgage and underlying Note shall be at such rate as
Mortgagee shall request. If Mortgagee has waived the option to
accelerate, and if Mortgagor's successor in interest has executed a
written assumption agreement accepted in writing by the Mortgagee,
Mortgagee shall release Mortgagor from all obligations under this
Mortgage and underlying Note.
If Mortgagee exercises such option to accelerate, Mortgagee shall
mail Mortgagor notice of acceleration. Such written notice shall
provide a period of not less than thirty (30) days from the date the
notice is mailed within which Mortgagor may pay the sums declared due
and payable. If Mortgagor fails to pay such sums prior to the
expiration of such period, Mortgagee may, without further notice or
demand on Mortgagor, invoke any remedies permitted by this Mortgage and
underlying Note.
Mortgagor shall not cause or per, it the presence, use, disposal,
storage, or release of any Hazardous Substances on or in the Property.
Mortgagor shall not do, nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental Law. The
preceding two sentences shall not apply to the presence, use, or storage
on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and
to maintenance of the Property. Mortgagor s~alt 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 Mortgagor has actual knowledge. If Mortgagor learns, or is
notified by any governmental or regulatory authority, that any removal
or other remediation of any Hazardous Substance affecting the Property
is necessary, Mortgagor shall promptly take all necessary remedial
actions in accordance with Environmental Law. "Hazardous Substances"
are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene,
other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials. ..Environmental Law" means
federal laws and laws of the jurisdiction where the Property is located
that relate to health, safety or environmental protection.
IN WITNESS WHEREOF, the Mortgagor has to these presents set his
hand and seal the day and year first above written.
SIGNED, SEALED AND DELIVERED
in the presence of,
WITNESS:
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF DAUPHIN :
On this, the 15th day of July, 1994, before me, the undersigned
officer, personally appeared WILLIAM A. HOOVER, known to me (or
satisfactorily proven) to be the person whose is subscribed to the
within instrument, and acknowledged that he executed same for the
purposes contained.
IN WITNESS WHEREOF, I hereunto set my hand and officL~..~~A_~=
Notar~ ~blic :'~~~
My Co~ssion~~~~_Expires:
The address of Mortgagee is 3601 Vartan Way, Harrisburg, PA
17110
1223 1192
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF )
RECORDED in the Office for the Recording of Deeds, in and for
said County, in Mortgage Book No. , Vol. , Page
WITNESS my hand and Official Seal this __ day of
, 19
Recorder of Deeds
5
EXHIBIT A
ALL THAT CERTAIN tract of land situated, lying and being in East Pennsboro Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern right-of-way of Westwood Court at the common front
property comer of Lots Nos. 29 and 30; thence along a curve to the left having a radius of
175.00 feet and an arc length of 22.10 feet to a point at the dividing line between Lots Nos. 28
and 29; thence along said dividing line North 38 degrees 35 minutes 32 seconds West 141.48 feet
to a point at lands now or formerly of Westwood Village Condominium Assoc.; thence along
lands now or formerly of Westwood Village Condominium Assoc. North 76 degrees 39 minutes
05 seconds East 59.88 feet to a point at the dividing line between Lots Nos. 29 and 30; thence
along the dividing line between Lots Nos. 29 and 30 South 23 degrees 28 minutes 23 seconds
East 124.67 feet to a point the place of BEGINNING.
CONTAINING 5,200.41 square feet.
BEING Lot No. 29 as shown on a Final Subdivision Plan for Westwood Court, prepared by Paul
E. Grof & Associates, Inc., and recorded on October 27, 1992 in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Plan Book 65, Page 40.
HAVING THEREON ERECTED a townhouse known and numbered as 57 Westwood Court,
Enola, Pennsylvania 17025.
UNDER AND SUBJECT to a Declaration of Restriction of record recorded in Misc. Book 442,
Page 1006 and further under and subject to easements, restrictions, reservations, conditions and
rights-of-way of record and as shown on the above-mentioned Plan of Lots including but not
limited to a 25-foot drainage easement along the rear of said lot and set backs as'shown on said
plan.
The within conveyance is further under and subject to an easement for the purpose of exterior
maintenance, where necessary, to be exercised in a reasonable manner in favor of the owners and
occupants of Lot No. 28 adjacent hereto.
UNDER AND SUBJECT FURTHER to a 5-foot pedestrian access easement which runs through
the northern portion and along the eastern boundary line of the above described lot.
BEING THE SAME PREMISES which Eastern Development & Planning, Inc.,
a Pennsylvania corporation, by its Deed dated July 14, 1994, and
intended to be recorded immediately prior hereto in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania,
granted and conveyed unto William A. Hoover, a single person,
Mortgagor herein.
ADJUSTABLE RATE RIDER
THIS ADJUSTABLE RATE RIDER is made this 15th day of July, 1994, and
is incorporated into and shall be deemed to amend and supplement the
Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of
the same date given by the undersigned WILLIAM A. HOO~ER, single man
(the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note")
to DAUPHIN NATIONAL BANK (the "Lender") of the same date and covering
the property described in the Security Instrument and located at:
57 Westwood Court, Lot 29 of Plan Book 65, page 40
East Pennsboro Township, Cunfoerland County, Pennsylvania
THE NOTE CONTAINS PROVISIONS ~?.T.OWING FOR CHANGES IN THE
INTEREST ~ATE AND THE MONTHLY pA%~4ENT. THE NOTE LIMITS THE
AMOUNT TEE BORROWER'S INTEREST BATE CAN CHANGE AT ANY ONE
TI_ME AND THE MAXIMUM BATE 'r~E BORROWER MUST PA~.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made
in the Security Instrument, Borrower and Lender further covenant and
agree as follows:
A. Interest rate and Monthly Payment Changes
The Note provides for an initial interest rate of Seven (7%). Section
4 of the Note provides for changes in the interest rate and the monthly
payments, as follows:
(A) Change Dates
The initial interest rate shall not change for a period of
thirty-six (36) months from the date of this Note. The interest
rate I will pay may change on the 15th day of August, 1997, and on
that day every 12th month thereafter. Each date on which my
interest rate could change is called a "Change Date".
(B) The Index
Beginning with the first Change Date, my interest rate will
be based on an Index. The "Index" is the weekly average yield on
United States Treasury securities adjusted to a constant maturity
of one year, as made available by the Federal Reserve Board.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my
new interest rate by 2.75% percentage points to the Current Index.
Subject to the limits stated in Section i(D) below, this amount
will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly
payment that would be sufficient to repay the unpaid principal
that I am expected to owe at the Change Date in full on the
maturity date at my new interest rate in substantially equal
payments. The result of this calculation will be the new amount
of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change
Date will not be greater than 9% or less than 5%. Thereafter my
interest rate will never be increased or decreased on any single
Change Date by more than 2% from the rate of interest I have been
paying for the preceding 12 months. My interest rate shall never
exceed 6.0% percentage points greater than my initial interest
rate.
(E) Effective Date of Changes
My new interest rate will become effective on each Change
Date. I will pay the amount of my new monthly payment beginning
on the first monthly payment date after the Change Date until the
amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any
changes in my interest rate and the amount of my monthly payment
before the effective date of any change. The notice will include
information required by law to be given me and also the title and
telephone number of a person who will answer any question I may
have regarding the notice.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Adjustable Rate Rider.
~fL'~fAM A. ~OOVER
(SEA~)
VERIFICATION
I, Gary Holman, hereby verify that I am the Senior Vice President of Vartan
National Bank, Plaintiffherein; in that the facts redted in the foregoing are tree and
correct to the best of my knowledge, information and belief. It is understood that false
statements herein are made subject to the provisions of 18 Pa.C.S. Section 4904 relating
to unswom falsifications to authorities.
Date: Senior ~ice President
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01342 p
COMMONWEALTH OF PENNSYLV~kNIA:
COUNTY OF CUMBERLAND
VARTAN NATIONAL BANK
VS
HOOVER WILLIAM A
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HOOVER WILLIAM A
the
DEFENDANT , at 2042:00 HOURS, on the 20th day of March
at 57 WESTWOOD COURT
, 2002
ENOLA, PA 17025
WILLIAM A HOOVER
by handing to
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 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this -~"2--,A- day of
~ ~o~2~ A.D.
P~oth6f/ot ary
So Answers:
R. Thomas Kline
03/21/2002
DARRELL DETHLEFS
By: e~uty~S ~ ~
Captipn:
Vartan National Bank,
Plaintiff
VS.
william Hoover
TO THE PROTHONOTARY OFTHE SAID COURT:
( ) Confessed Judgment
:(x) Other
File No. 2002-S-1342
Amount Due 71,250.76
Interest and Late O_h~r_~ 4:RK7_60
Atty's--eomm"./~ -~q ~ .~0
costs
The undersigned hereby certifies that '.he below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cu~-~ =-a
for debt, interest and costs, upon ~he following described property of the defendant(s)
Real P~ooerty lo~at~ at ~7 W~_~twnn~ C'~]rr"l': '~nc~la: PA 17~25
County,
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
Real Property located at 57 Westwood Court, Enola, PA 17025
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
[~1 (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
de!endant(s) described in the attached exhibit. ~~/
DateJune 11.2002
Signature:
Print Name:
"Add~:~ss:
Attorney for:
Telephone:
Supreme Court ID No.:
Michael J. P~kosh
3805 Market Street
Camp Hill~ PA 17011
Vartan National Bank
(717) 975-9446
58851
(over)
ALL THAT CERTAIN tract of land situa(cd, lying and being in East Pennsboro Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern right-of-way of Westwood Coart at thc common front
property corner of Lots Nos. 29 and 30; thence along a carve to the lei!. having a radius of
175.00 feet and an arc length of 22.10 t'eet to a point at t!~e dividing linc between Lots Nos. 28
and 29; thence along said dividing line North 38 degrees 35 minutes 32 seconds West 141.48 feet
to a point at lands now or formerly of Westwood Village Condominium Assoc.; thence along
lands now or formerly of Westwood Village Condonrinium Assoc. 'North 76 degrees 39 minutes
05 seconds East 59.88 feet to a point at the d~vid'ngft'ne between Lots Nos. 29 and 30; thence
along the dividing line between Lots 'Nos. 29 and 30 South 23 degrees 28 minutee :23 seconds
East 124.67 feet to a point the place of BEGINNING.
CONTAINING 5,200.41 square £eet.
BEING Lot'No. 29'es shown on a Final gubdivision Plan for Westwood Court, prepared by Paul
E. Ctrof & Associates, Inc., and recorded on October 27, 1992 ia the Office of the Recorder of
Deeds in and for Cumberland Connty, Pennsylvania, !a Plan Book 65, Page 40.
IIAVING TtlEREON ERgCTEI) a Io~nhousc known ancl numbered as :57 Westwood Court,
Enola, Pennsylvania 17025.
VARTAN NATIONAL BANK,
Plaintiff
WILLIAM HOOVER,
Defendant
: IN ~ COURT OF COMMON
: PLEAS OF CUMBE~ COUNTY,
: PENNSYLVANIA
:
: NO. 2002-S-1342
:
:
PLAINTIFF'S AFFIDAVIT TO ACCOMPANY
WRIT OF EXECUTION
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND
Michael J. Pykosh, Esquire, Attorney for Vartan National Bank, Plaimiff, in the
above-captioned action, being duly sworn, says:
1. That the correct address of the premises which is subject of this Mortgage
Foreclosure Proceeding is 57 Westwood Court, Enola, Cumberland County,
Pennsylvania.
2. That to the best of his knowledge, information and belief, the name and
address of the Defendants, in the Judgmem of the above-captioned action is William A.
Hoover, 57 Westwood Court, Enola, PA 17025.
3. That to the best of his knowledge, information and belief, the name and
address of the owner of said premises is William A. Hoover, 57 Westwood Court, Enola,
PA 17025.
Attorney for the Plaintiff
Sworn to and subscribed
before me this Il day
of ~3t_~e_ ,2002.
VARTAN NATIONAL BANK,
Plaintiff
WILLIAM HOOVER,
Defendant
: IN ~ COURT OF COMMON
: PLEAS OF CUMBE~ND COUNTY,
: PENNSYLVANIA
:
: NO. 2002-S*1342
:
:
AFFIDAVIT OF LAST KNOWN ADDRESS
I, Michael I. Pykosh, do hereby certify and aver that the last known address of the
Defendant(s) is as follows:
William A. Hoover 57 Westwood Court Enola, PA 17025
I verify that the statements made in this affidavit are lrue and correct to the best of
my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of t8 PA.C.S. Section 4904 relating to unswom
falsification to authorities.
Date:
Attorney for Plaintiff
Sworn to and subscribed to,before
me a Nqtary Public this [I day
of \~9, ~-- , ,2002.
VARTAN NATIONAL BANK,
Haintiff
Wrl,l JAM HOOVER,
Defendant
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND COUNTY,
: PENNSYLVANIA
;
: NO. 2002-S-1:342
:
AFFIDAVIT PURSUANT TO RULE :3129
I, Michael $. Pykosh, Esquire, attorney for Vartan National Bank, Plaintiff in the above
action, sets f~rth as of the date of the Praecipe for the Writ of Execution was filed in the
following information concerning the real property located al 57 Westwood Court, Enola,
Cumberland County, Pennsylvania, more fully described by deed recorded in the
Recorder of Deeds Office of Cumberland County in Deed Book 108 at Page 774. A copy
of said deed is attached hereto.
1. Names(s) and Address(es) of Owner(s) or Reputed Owner(s):
Name:
William A. Hoover
Address:
57 Westwood Court
Enola, PA 17025
2. Name(s) and Address(es) of Defendant(s) in judgment:
Name:
William A. Hoover
Address:
57 Westwood Court
Enola, PA 17025
Name(s) and last know address(es) of every judgment creditor whose
judgment is a record lien on the real property to be sold:
Name:
Vartan National Bank
Address:
3601 Vartan Way
Harrisburg, PA 17110
Harrisburg N.A.
100 Senate Avenue
P.O. Box 8599
Camp Hill, PA 17011
4. Name(s) and Address(es) of the last recorded holder of every mortgage of
record:
Name ~
Vartan National Bank
Address:
3~1 Vartan Way
Harrisburg, PA 17110
Commerce Bank/
Han'isburg N.A.
100 Senate Avenue
P.O. Box 5899
Camp Hill, PA 17011
Name(s) and Address(es) of any person(s) who has any record lien on the
Nanle~
Cumberland County
Tax Claim Bureau
Address:
Old Courthouse
One Courthouse Square
Carlisle, PA 17013
Name(s) and Address(es) of every other person(s) who has any record
interest in the property and whose interest may be affected by the sale:
Name: Address:
NONE
Name(s) and Address(es) of eve~ other person(s) of whom the Plaintiff
has knowledge who has any interest in the property which may be affected
by the sale:
Name: Address:
NONE
I verify that the statements mede in this Affidavit are true and correct to the best
of my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unswom
falsification to authorities.
TillS DEED,
Made the Iq'pt day of '~c'/ , 1994,
BETWEEN EASTERN DEVELOPMENT& PLANNING, INC.,
a corporation orgnnized and exisling under Ihe laws of the
Commonwealth of Pennsylvania. bavlng its principal place of
business at 5520 Derry Street. Harrisburg, Dauphin Couoty,
Pennsylvania, Party of the First Part, hereina~er designated ns the
GRANTOR,
AND
WILLIAM A. IIOOVIr. R, n single persmh of Easl Pennsboro
Township, Cumbcrlmld Conoly, I'cnusylvania, Pmty of Ihe Second '-~,.=c"c, ~'"'
Parl. hereionfler designated as lira GRANTEE.
WITNF~SKTII, Ihnl Ihe Grnn~or for and in consldcrallon of NINETY-SEVEN
NINE IIUNDRED AND 00/100 (~97,90g.00) I)OIJ.ARS, lawfid money of Ihe Uoilcd Stales
of America, lo dm Granlor in baud well nnd Iruly paid by Ibc Grantee, at or before the ~aliug
and delive~ of Ihe~ presents, Ibc re~ipt whereof is hereby acknowledged and Ihe Grnnlor ~ing
therewith fully satisfied, do by these presents grant, bargain, sell and convey unto ibc Grantee
forever.
ALL TllAT CERTAIN Iracl of land situated, lying and being in East Pcnnsboro Township,
Cnmberland Connly, Peonsylvania. bonnded and described as follows, to wit:
BEGINNING at n point on tile norlhern right-of-way of Westwood Conrt at the common front
property corner of Lots Nos. 29 and 30; Ihence along a carve Io tile leR having a radius of
175.00 feet and an arc length of 22.10 feet to a point at the dividing line between Lots Nos. 28
and 29; thence along said dividing line North 38 degrees 35 miuutes 32 seconds Weal 141.48 feel
Io a point at lands now or formerly of Westwood Village Coudominium Assoc.; thence along
lands now or formerly of Westwood Village Condominium Assoc. North 76 degrees 39 minutes
05 seconds East 59.88 feet to a poiut at the dividing line between Lots Nos. 29 and 30; tbence
along the dividing llne between Lots Nos. 29 ami 30 South 23 degrees 28 mbmles 23 seconds
East 124.67 feet to a point tbe place of BEGINNING.
CONTAINING 5,200.41 square feet.
BEING Lot No. 29 as shown on a Final Subdivision Plan for Westwood Court, prepared by Paal
E. Oral & Associates, Inc., and recorded on October 27, 1992 ia the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, iu Plan Book 65, Page 40.
'108 774
IIAVING TilEREON ERECTED a Iownhonse known and numbered as $7 Westwood Conrt,
EaGle, Pennsylvania 17025.
BEING PART OF TIlE SAME PREMISES which Centrust Trnst (formerly lite WesIport
Company by cbange of name), by its Deed deled December 12, 1989, and recorded in Ihe Office
of the Recorder of Deeds in and for Cumberland County, Pem~sylvania, in Deed Book I, Volume
34, Page la1, granted and conveyed unlo Eastern Development and Planning, Inc., a
Pennsylvania Corporation, Granlor herein.
UNDER AND SUBJECT to a Declaration of Reslrlction of record recorded in Misc. Book 442.
Page 1006 and furlher under nad snbjcct Io en~ments, restrictions, reservations, conditions ned
rights-of-way of record and as shown on the above-mentioned Plan of Lots including but not
limited to a. 25-foot drainage easement along the rear of said lot and set backs as shown on said
plan.
The wilhin conveyance is furlhcr under and subject Io an easement for Ihc purpose of exterior
maintenance, where necessary, to he cxc~:iscd in a reasonable manner in favor of Ihe owners hud
occupants of Lei No. 28 adjacent bercto.
UNDER AND SUBJECT FURTIIER to n 5- foot pedestrian access easement which runs throngb
the northern porlion and along tim easlern boundary line of Ihe above described lot.
'I'OGETllER witb all and singular thc buildings, improvcmcnts, ways, woods, waters,
waterconrses, righls, liberties, privileges, heredltamenls and appurtenances to Ihe same belonging
or in anywise apperlaining; and Ibc reversion and reversions, remainder and remainders, reals,
isanes and profits fl~ereof, aud of every peri and parcel Ihereof; AND A~O all Ihe estate, righl,
lille, inleresl, nsc, possession, property, claim and demand whatsoever of the Granlor both in law
and in cquily, of, in and in Iht premises bcicin described atnl every ~art and parcel Ibcrcof wilh
Ibc appurtenances. TO IIAVE AND TO IlOLD all and singnlar Iht prcmiscs herein described
together wilh thc hcrcdilamenls and appurtcnauces unto Ihe Grantee and to Ibc Grantee's proof
use and benefit forever.
AND the Grantor covenauls Ibal, except as may be hereiu scl forlb, they do and will forever
specially warranl and defend thc lands aud prcmiscs, hcn~:ditaments and nppnrlcnances hereby
conveyed, against lite Grantor anti all otl~cr persons lawfidly chdming lite same or Io claim
same or any part thereof, by, £rom or nndcr il. them or any of Ihcm.
la ail references herein to any parties, perseus, entities or corporations, thc use of any particnlar
gender or plural or singular number is iutended Io include the appropriate gender or m~mber ns
the text of Ihe withiu instrnmcnt may require.
executors, administrators, personal or legal representatives, successors and assigns" bad been
inserted allcr each and every sucb designation.
IN WITNESS WIIEREOF, the Grantor bas caused these prcseuts to be signed by its proper
corporate officers nnd ]ts corpornle sen[ to be affixed herelo, Ibc day nnd year first above written.
ATTEST:
EASTERN DEVELOPMENT &
PLANNING, INC.
chilling, Vi,~ President
COMMONWEALTII OF PENNSYLVANIA :
COUNTY OF ~--~t~clPl~ t~ :
SS.
lie IT REMEMBERED, that on ~'OC¥ ,~ /~ , 1994, before ale the subscriber,
personally appeared Jolm L. Schilling who acknowledged bimself to be Ibe Vice President of
Eastern Development & Planning, Inc., a Penusylvnuia Corporation, and tbat being autborized
lo do so ns soch corporate officer executed tile foregoing inslrumcnt for ibc purposes Ibercin
contained on bebalf of the corporation.
WITNESS ,ny band and seal the day aud year aforesaid.
My ~s~ Ex~# D.c. 3[~ee~ Nolary Pubhc
108 Pace 7?6
I llEREBY CEI¥1'IFY that tile prccisc residcnce of thc Grantee is:
~4~ O ranlor(s)/Orantec(s)
Com~l;,o! Cumberland) SS
Record,*~d in Ihe office for Ihe recording of Deed~
I~t' in%.e.d tot Cumberland Count~ ~ ~oo~h~ VoL~
witness my hand'a~ ~81 ~ offlc&of
-/~.-~ ~ 5~
ALL THAT CERTAIN tract or land situated, lying and being in East Pennsboro Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on tbe northern right-of-way ot~ Westwood Court at the common front
property earner of Lots Nos. 29 and 30; Ihence along a curve to the leD. having a radius of
175.00 feet and an arc length of 22.10 feet to a point at t!~e dividing line belween Lots Nos. 28
and 29; thence along said dividing line North 38 degrees 35 minutes 32 seconds West 141.48 feet
to a point at lands now or formerly of Westwood Village Condominium Asses.; thence along
lands now or formerly of Wastwood Village Condomlnium Assoc. North 76 degrees 39 minutes
05 seconds East 59.88 feet to a point at the dividlngttine between Lots Nos. 29 and 30; thence
along the dividing line between Lots Nos. 29 and 30 South 23 degrees 28 minutes 23 seconds
East t24.67 feet to a point the place of BEGINNING.
CONTAINING 5,200.41 square Feet. /'
BEING Lot No. 29' as shown on a Final Subdivision Plan for Westwood Court, prepared by Paul
E. Grof& Associntes, Inc., and recorded on October 27, 1992 in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, ia Plan Book 65, Page 40.
IIAVING THEREON ERECTED a townhouae known aha numbered as 57 Westwood Courl,
Enola, Pennsylvania 17025.
IN THE COURT OF COMMON PLEAS
OF CUMBEI~I,AND COUNTY, PENNSYLVANIA
VARTAN NATIONAL BANK,
Plaintiff
V.
WILLIAM HOOVER,
CIVIL DIVISION
NO. 2002-S-1342
AFFIDAVIT OF COMPLIANCE
WITH RULE 3129.2 -
Defendant
FILED ON BEHALF OF:
VARTAN NATIONAL BANK,
Plaintiff
COUNSEL OF RECORD:
Michael J. Pykosh, Esquire
Attorney LD. 58851
3805 Market Street
P.O. Box 368
Camp Hill, PA 17001-0368
(717) 975-9446
VARTAN NATIONAL BANK,
Plaintiff
Vo
WILLIAM HOOVER,
Defendant
: IN ~ COURT OF COMMON
: FLEAS OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 2002.-S-1~42
:
:
NQTICE OF SI:IERIFF'S SAI.E OF REAL ESTATE
PENNSYLVANIA RULE OF CI~ PROCEDUI~ 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE: SEPTEMBER 4, 2002
TIME: 10:00 a.m. ~
LOCATION: Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
mainly consisting of a statement of the measured boundaries of the prope~y together with
a brief mention of the buildings and any other major improvements erected on the land.
The LOCATION of your property to be sold is:
57 Westwood Court
Enola, PA 17025
The ~tFDGMlr~NT under or pursuant to which your property is being sold is
docketed in the within Commonwealth and County to:
2002-S-1342
THE NAME OF THE OWNER OR Bh-~UT~.~ OWNER OF THIS PROPERTY
IS:
William A. Hoov~
A. SCI~DULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks
that hold mortgages and municipalities that are owned taxes will be filed by the Sheriffof
this County thirty (30) days after the sale and di~h-lbution of the proceeds of sale in
accordance with this schedule will, in fac~, be made unless someone objects by filing
exceptions to it within (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff
oftbe Court of Common Pleas of the within the County at the Courthouse address
specified herein.
THE~ PAPER IS A NOTICE OF ~ TIME AND PLACE OF THE SALE
OF YO~IR PROPERTY.
IT HAS B~N I~q~qUED BECAUSE T~I~RE IS A ~UDGMENT AGAINST
You.
IT MAy (~AUSE YOUR PROPERTY TO BE B~ELD, TO BE SOLD OR
T~KF~N TQ I~AY THE JI~IIK~MENT.
You may have legal rights to prevent your property fi-om being taken away. A
lawyer can advise you more specifically of these rights. If you wish to exes-cise your
ri21~t.% YOU MUST ACT PROMPTLY. ·
YOU SHOUI.D TAKE TUI~ PAPER TO YOUR LAWYER AT ONCE. GO
TO OR TEI.F~PHONE THE OFFICE SET FORTH BELOW TO FIND OUR
WI~ YOU CAN GET FREE LEGAL ADVICE:
CUMBEllLAND COUNTY LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
THE LF~GAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of within County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court
if you are aware of a legal defoct in the obligation or the procedure used against you.
2. A_~er the Sheriff' s Sale you may file a petition with the Court of Common
Pleas of the within County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned ink, he
preceding paragraphs must be presented to the Court of Common Pleas of the within
County. The Petition must be served on the attorney for the creditor or on the creditor
before presentation to the Court and a proposed order or rule must be attached to the
petition.
If specific return date is desired, such date must be obtained ~om the Court
Administrator's Office - Civil Division, of the within County Cou~muse, before a
presentation of the petition to the Court.
A copy of the Writ of Execution is attached hereto.
Sheriff
...........
COURT OF
C~VIL ~tVISlON
. ..
. . ,~...~ .: : '(:) Confessed judgment ::'.: "'
Capri?n:
Vartan National Bank,
Plaintiff
vs.
William Hoover
:(X) Other
' File No. 2002-S-1342
Amount Due 71;250.76
Interest and Lat~--Ch~rg--
Atty'sComm __
Costs 2.600·00
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding .filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Ct,,,~,~,-~ ~,,,~ County,
for debt, interest and costs, upon the following described property of the defendant(s)
Real p~ooertv loc~e~ ~ ~7 W~nn~ ~n~'c~-: Fnnl~; PA 17~2~
PRAECIPE FOR ATTACHMENT EXECUTION
Issue Writ of attachment to the Sheriff of Cumher].and . County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
Real Property located at 57 Westwood Court, Enola, PA 17025
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
C~I (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
def..endant(s) described in the attached exhibit.
Date 3una 11 .:200l Signature:
Print Name: Michael J. P~kosh
*"Address: 3805 Market Street
~.~,o Attorney for: Vartan National Bank .
-'~' Telephone: (717) 975-9446
Supreme Court ID No.: 58851 .* -
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MA~ BE USED F~)R DOMESTIC AND rNTERNATIONAL MAIL, DOES NOT
PROVIDEReceived FOR From:INSURANCE~OSTMASTER
PS Form 38'~ 7, January 2001
Po~taoa $0,57
Certlfiod Fee
Retum Receipt Fee [
(Endomement Required) I
Resfficted Delivery Fee I
(Endorsement Requimcl)
i ~ENDER: I aiso wish to receive the
· Complete items 1 and/or 2 for additional sewices.
i Complete items 3, 4a, and 4b. following services (for an
~ · P.d.n.t.y_0ur name and address on the reverse of this form so that we can return this extra fee);
t .Attac.h.t~lsforrntothefmntofthemailpiece, or ~n the back if space doea r~ot 1.r-I AddresseesAddres~
rmit.
~ · ~ite "Return Reg~ip~ Requested" on the mailptece below the article number. 2. [] Restricted Delivery
4~ · The Return Receipt vail show to whom the article was delNered and the date _ ,.
-- delivered. ~orlstJtl postmaster for fee.
~ 3. Article Addressed to: ' 4a. Article Number ~
· ~ . I~ · · 4b. ~drvice Type
I ~ ~ J~J~.,~L{} [] Registered
~ O."~Y.. ~ [] Express Mail [] ,nsure0
~ Return Receipt fo~ Merchandise [] J;OD
8. Addressee's Address (O~lly if h~lueste~
and fee is paid) ~
lO~-~o~ Domes~ Retum Receipt
U.S.J~O~TAL SERVICE CERTIFICATE OF
MAy B~ USED FO~ DOMESTIC AND INTEANATIONAL MAIL, DOES NOT
~ .- -,- ~ _ -- /~ . ~-,,j ~:--~o~
PS Form 3817, Mar. 1989
Return Receipt Fee
i--i
r--i
~ ~, po'~,,,'~:" ' ....................
· Com~qete ..l~ms 1 and/or ~ for additional ssrvfoes.
_a p~C~plete items 3, 4a, and 4b. following ~ (for an
ca~l ~your name and address on the reverse of this form so that we can return this extra f~e):
' iA)ettfarmicht, t~Tus ~°rm t° the fr°nt of the mailpiece, or on the back if spaca ddes not 1.1~ Addressee's Addreee i
ii I_ ~herileR'R. etum- R~"'~ip~ Requested' on tho mailpleca below the artic e number. 2. r'-I ReetrlctedDelivefy
~E emm Meca~pt will show to whom the article was delivered and the dele
~ de,vered. Consult postm~_~er for fee.
6 3. Article Addressed to: 1 4a. Article Number
! 5q ~_~~v~"~ I [] Registered ,~ Certifie([
U.S. POSTAL SERVICE CERTIFICATE OF MAIUNG
MAy BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
~s~s ~-~ ~ ' - /~ /' ~,, ~..
One piece of ordinary mail addr~sed to:
Ps Form 3817, January 2001
Vartan National Bank
VS
William Hoover
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-1342 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Michael Pykosh.
Sheriff's Costs:
Docketing 30.00
Surcharge 20.00
Law Library .50
Prothonotary 1.00
Mileage 20.70
Levy 15.00
Advertising 15.00
Posting Handbills 15.00
Share of Bills 25.20
Poundage 13.03
Law Journal 274.70
Patriot News 212.95
Postpone Sale 20.00
Certified Mail 1.31
$ 664.39 paid by attorney
11/25/02
Sworn and subscribed to before me So Answers:
This ~ day of/~ze.~.~ $~'~~ "~'°~'4e
,.f R. Thomas Kline, Sheriff
2002, ^.~. ~,'"~', ~ :! ~, ~- ~ ~~~
Prothonota~ R~al E~t~Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof o! Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th
day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PIJBLICATIO~ .........................................................
COPY Sworn ii
s A L E #67
REAL. ESTATE SALE No. 67
VlrMin National Bank
¸vi
DIL.%'RIF~ON
I)~mg and being i~,~ast ~cm~bom Township,
~ C~ ~yl~i~ ~ ~d
~ ~ foll~s~ to wit:
B~O ~ a ~int on ~e ~
wmy of W~ C~ ~ ~ ~ ~t
~g ac~m~l~ a~ of 17~.~
f~t ~ ~ ~ 1~.10~ ~ a ~t ~
~ ~ ~ ~ N~ 28 ~ 29;
35 ~u~ 32 ~ W~ ~41.~ f~t ~ a
~ at ~ ~ ~y ~
n~ ~ f~y ~ W~
~i~ ~. N~ ~6 ~ 39
City Of Harrisburg, Dauphin County {
MyCommissio~ Expires June 6, '~06. bl~ NOTARY PUBLIC
Member. PennsylvaniaAsSoOationOfNotade~,y commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 211.20
$ 1.75
$ 212.95
Advertising Cost
thence along the dividing Iin~ between Lots Nos.
~-a~ aam~ni~a~t~a.a~r~., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
sgo.~ East 1~4,67 f~t~o ~ ~ ~.~ ~ e receipt of the aforesaid notice and publication costs and ce~ifies that the same have
CO~G 5,~.41 ~ ~
B~G ~ No. 29 ~ sh~ on a F~
Su~visi~ H~ ~r W~tr ~ ~ ~
b~ ~1 E. ~a ~,~ By ....................................................................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 26, AUGUST 2, 9, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 67
Writ No. 2002-1342 Civil
Vartan National Bank
vs,
William Hoover
Atty.: Michael Pykosh
ALL THAT CERTAIN tract of land
situated, lying and being in East
Pennsboro Township. Cumberland
County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the
northern right-of-way of Westwood
Court at the common front property
corner of Lots Nos. 29 and 30;
thence along a curve to the left hav-
ing a radius of 175.00 feet and an
arc length of 22.10 feet to a point
at the dividing line between Lots
Nos. 28 and 29; thence along said
~or
SWORN TO AND SUBSCRIBED before me this
9 day of AUGUST, 2002
u~Vmmg line North .38 degrees 35
minutes 32 Seconds West 141.48
feet to a point at lands now or for-
merly of Westwood Village COndo-
minium ASsoc.; thence along lands
now or formerly of Westwood Vii-
/age Condominium ASsoc. North 76
degrees 39 minutes 05 Seconds
East 59.88 feet to a point at the
dividing Line between Lots Nos. 29
and 30; thence along the dividing
line between Lots Nos. 29 and 30
South 2B degrees 28 minutes 23
Seconds East 124.67 feet
the place of BEG/ ...... to a point
feetC,ONTAINING 5,200.41 square
BEING Lot No. 29
a Final as shown on
Subdivision Plan for West-
Wood COurt, prepared b
Grof & ASSociate.q ~,~ y Paul E.
corded on October 27. 1992
Of/lee of the in the
Recorder of Deeds in
a-nd for CUmber/and Co- --
sylvania in p1~- ~ . unry Perm-
---- ' ~ook65, Paa~40
~V~No ~E~ON E-P~C~D ~
toWnhOUse known and numbered as
$7 Westwood Court, Eno/a,
sylvania 17025. Penn-