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HomeMy WebLinkAbout94-01061 c -0 - ... , ~ - .~ ]~ \ \ \ , \ . "5, - " ~ CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CUNBERLAND COUNTY, PENNSYLVANIA Plaintiff, . . CIVIL ACTION - LAW vs. . . ROBERT P. BECKER and DOROTHY M. BECKER, his wife, : NO. /0&( Civil 1994 Defendants. : IN MORTGAGE FORECLOSURE 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 with the Court your defenses to the claims set forth against you. You are warned that if you fail to do so the case you proceed without you as 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 BELOl~ TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator's Office Fourth Floor 1 Court House Square Carlisle, PA 17013 Telephone No: 717-240-6200 " ~ CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : CIVIL ACTION - LAW vs. ROBERT P. BECKER and DOROTHY M. BECKER, his wife, NO. Civil 1994 Defendants. IN MORTGAGE FORECLOSURE COMPLAINT 1. The Plaintiff is HARRIS SAVINGS BANK, which formerly was Harris Savings Association and formerly thereto The Harris Savings Association, a corporation organized and existing under the laws of the State of Pennsylvania and having its principal place of business at Second and pine Streets, Harrisburg, Pennsylvania, 17101. 2. The Carlisle Building and Loan Association was merged with Harris Savings Association which is now Harris Savings Bank, the Plaintiff herein. 3. The Defendants are ROBERT P. BECKER, an adult individual, residing at 626 Lynes Road, Dillsburg, Pennsylvania, 17019; and DOROTHY M. BECKER, his wife, an adult individual, residing at 626 Lynes Road, Dillsburg, Pennsylvania, 17019. .' ~ 4. Defendants, on March 23, 1978, entered into a mortgage loan indenture with Carlisle Building and Loan Association, now by merger HARRIS SAVINGS BANK, in the principal amount of FIFTY THOUSAND DOLLARS and 00/100 ($50,000.00), the terms of which loan are more specifically evidenced and set forth in the mortgage indenture dated March 23, 1978, and recorded March 23, 1978, in the Cumberland County Recorder's Office in Mortgage Book 638, Page 557, a copy of which is attached hereto, marked Exhibit "A", and made a part hereof by reference, which mortgage contains and is a lien upon the property situate at 626 Lynes Road, Dillsburg, ~Ionroe Township, Cumberland County, Pennsylvania, 17019, being improved upon with a dwelling. 5. Said loan was further evidenced and secured by a note which accompanied said mortgage dated March 23, 1978, a copy of which is attached hereto, marked Exhibit "B", and made a part hereof by reference. 6. Carlisle Building and Loan Association, now by merger Harris Savings Bank, in consideration of the said mortgage and accompanying note, advanced to Robert P. Becker and Dorothy M. Becker, his wife, the sum of Fifty Thousand Dollars and 00/100 ($50,000.001. 7. The premises subject to specifically set forth in Exhibit "A", part hereof by reference. 8. Robert P. Becker and Dorothy M. Becker, his wife, are the sole owners of the said premises contained in said mortgage. said mortgage is more attached hereto and made a . 9. Said mortgage and note have not been assigned in whole or in part by the plaintiff herein. 10. Robert P. Becker and Dorothy M. Becker, his wife, are the record owners in fee simple of said premises by virtue of a Deed dated February 3, 1975 and recorded in the Cumberland County Recorder's Office in Deed Book 26-C, Page 680. 11. No judgment has previously been entered on said mortgage or note in any jurisdiction, and said instruments are less than twenty (20) years old. 12. The said mortgage is in default because Defendants herein have failed to pay the monthly payments of $411.08 that were due and owing for the months of September, October, November and December, 1993, and January and February, 1994. 13. The Plaintiff has given to the Defendants written notice of intention to foreclose on said mortgage as required by law under Act 6, dated December 17, 1993, copies of which are marked Exhibits "e" and liD", respectively, and attached hereto and made a part- hereof by reference. 14. The plaintiff has given written notice of default as required by the Homeowner I s Emergency Assistance Act of 1983, dated December 17, 1993, copies of which are marked Exhibits "E" and "F" and attached hereto and made a part hereof by reference. 15. The entire principal amount of Fifty Thousand Dollars and 00/100 ($50,000.00) has become due and payable, together with interest at the rate of 8.75% per annum, reasonable legal fees for .. " collection of said sum in accordance with the terms of said mortgage less such sums as have been paid on account of principal of the said mortgage and costs. 16. The Plaintiff believes and therefore avers that reasonable legal fees for collection is $1,833.00. 17. The Defendants are liable to the Plaintiff for interest at the rate of 8.75% per annum, late charges, property taxes and expenses as provided in and collectible under the mortgage documents that will accrue until distribution by the Sheriff of Cumberland County, Pennsylvania, to be computed at the time of judgment in these proceedings in 'addition to the current loan balance. 18. The Defendants are liable to the Plaintiff for the following on said mortgage loan: A. Principal amount and interest due through 2/28/94: $36,674.09 B. Interest at 8.75% from 2/28/94 to 10/7/94: $ 2,041.60 $ 149.06 $ 1,833.00 C. Late Charges: D. Attorney's Collection Fee: TOTAL: $40,697.75 19. The Plaintiff believes and avers that neither of the Defendants are members of the armed forces or are in the military service of the United States of America. . ., WHEREFORE, the Plaintiff prays the Court to enter Judgment against the said Defendants, ROBERT P. BECKER and DOROTHY M. BECKER, his wife, in personam on the Note in the amount of FORTY THOUSAND SIX HUNDRED NINETY-SEVEN DOLLARS and 75/100 ($40,697.75), and in rem on the Mortgage for foreclosure and sale of the mortgaged property, with damages in the said amount and in each case, together with additional interest thereon, costs and all other amounts advanced by Plaintiff. DATED: February 17, 1994 th~SQUIR' 100 York Road New Cumberland, PA 17070 (717) 774-3163 Attorney I. D. No.: 09729 Attorney for Plaintiff . ',' COMMONWEALTH OF PENNSYLVANIA COUNTY OF -Jl'yllLclu,~J I ) ) ) SS: PERSONALLY APPEARED before me, the undersigned officer, a Notary Public in and for said County and State, Ronald G. Kishbaugh, who being duly sworn according to law, deposes and says that he is the Assistant Secretary/Operations Manager of Harris Savings Bank and that he as such officer is authorized to make this Affidavit on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. ~~~LeL RONALD G. KISHBAUGlf. (SEAL) S~Oh~ and subscribed to before I.' 4.j, day of _I ( (,'l.U (,( I ~' - ',' I -J, . .t. 6 !..k ...., I .\ ,L l ,I.. l . NOTARY PUBLI My Commission Expires: NoIaMI 5001 Usa M. WIImOI, No!:'Y PtJJiic . H.W'blf!), i:lalJFI'" Coun:t MyCormt"tianE>(JIcsOc~ 2' ''''!'' ,PCIllSYMll1i:li\sS()C;UlOOoINO~ 1 .~ me this , 1994. L . , . ,; This Mortgage MADR.he ':I.'3'~ day ol Karch 197B BI!'l'WllEN ROBERT P. RECkER and DOIll1I'HY H. IH.l BECICER. hlo wife of Monroe Townlhip ..-----~..,.. (herelnal." whOlhe, ~nauI" or pi..... coiled ,he MonaoIor) AND CAJU.lSLB BUILDINO AND LOAN ASSOCIA nON ol Cotlill., P.nNYl....... I _lion uiltinl und.r ,he I.... 01 ,h. Commonw..lth ol Prnmylvonla (hminol,,, rolled Ih. ManP...) WI_h, WHERI!AS, tI,. ..Id MOftp.", by bond ol ...n d... hrrewhh, ...nda bound un.o ,h. Monioire In a ccnoIn penatlUm, conditioned for .he parmenl 01 PIFTY TIIOUSAND DOL~RS DOLLARS ($ 50.000.00 ) Ind In addi,lonal moncya Id.lnced by ,h. MOil...... whh in.._ 'hrr..... I,om 'Ii< da,. hrn:c/ at ,he nte provided In ..Id I<<omponyllll bond, In monthly Plym.nll 01 nolI... .hln POUR HUNDRED ELEVEIl and DB/l00 DOLLARS ($ 411 and DB ccnll) on or belon Ih, 15th da, of nm.nd every monlh here,her, 10 be applied morllhlr u inlert4 on Ihe prindpal amount 01 IMobllpriM. or lhe reduced amounl IherN', .nd the balance 01 Did rnonlhl, paymcnl to be applled u the monthl, parmenl 01 due. on one direct rcdutdun lOIn ,ham. uncll lhe principal ImOWII of Ihe obllpllon and .ddltionll advance. .nd O(h~r chatJC'1 ma~lc: lu M!JfIPIo'Uf .If m.de for Ihe protrcdun of the monpp ItCUrity wllh Inlcrac: II paid In full, Allche other lelrnt and provillanl nl ..Id bond .r. IpIdfIclU, Incorponled hanIn by rtlcrcnce and made a part hcrcul u II leI OUI vtlblthn herein. ....' NOW, TIlEREFORE, Ih. ..Id Monaoaor, In conaldrnllon ol.h. own of One Oon.. 10 .Ite M_ pold by ,h. Mon...... ,h. n:crlpt whrn:olll hereby Iw-Irdaed, and lot orcurlnl payment and prrfonnonce ol ..Id rKlted DOnl:I u .tormld, does hereby eranf, barpln..D and convey unto. Ihe &lid Mortpace, II'.~ T" Ind oIIf&N, ALL THAT CERTAIN tract of land, toqether with the iaprovaenu thereon erer:tec1, .ituate in the Town.hip or Monroe, County of CUllberland and State of Penn.ylvanla, more particQ,lady bounded and de.cribed a. lollows, to wit. BEGINNING at a atone in the Carli.le Road, thence by land now or 10r1llllrly of the hIlI'. of John Wl11l..., South 38 degr... 55 ~nut.. Weat, 47.7 perch.. to . .tone In the ~untaln, th.nee South 38 degr... Eaat, 26.9 perch.. to a .ton., thence by land for-erly a part of thl. .... tract (now or lormerly 01 Ell Arnold), North 42~ degr... Ea.t, 44.2 plrch.. to . .tone, thence North 32 degreas lo.1nute. Eaat, 16.0 perches to the Carll.le Road, thence along .ald Road, by land now or lo~rly 01 Georqe W. Slothower, North 65 degr... 50 .lnute. We.t, 22..7 perch.. to tho placo 01 DEGINNING. CONTAINING B acre. and 59 perch... I~VINQ thereon .rected a two and one-hall .tory fra.. dwellinq and a two-car 11'''' garage building. SRING the elUDe property which Earl c. Seeker, Sr., widower, and Robart P. aecker and Dorothy H. Becker, hi. wl1e, qranted and conveyed to Robert P. Becker and Dorothy n. Sacker, hi. wl1e, by deed dated February 3rd, 1975, and recorded in the offica of the RecordaI' of Doeds for Cumberland County in Deed Book MC., Vol. 26, page 680. \ " ~Ii: I=a ~-IE ':;OC'l ~S~~ C) ~un... ~n"n Dam (1.~a~ - ..~ -.. z cat m ,J EXHIBIT -A- CONSTRUCTION I1JNDS 8lIALL BE ADVAlfCtD IN ACCORDAlfCE WITlI THE LEIlDINlI AlIIlEDIDIT. &OO~ (j31l 1',\&[ fJ['( I . . TOOB'lllER wIlb 011 the ~ Im~ and __ ""'- ............ belanllnl. and II.. ........... and ranalndcn, ....u, ...... and II ,hereof and .... ,""'.... wllh 011 hcarlnl. phil"b!nI; ..... ... and 1lIh.... lIlIl.... and llIuJpmaII, and 01 _ """ windolrl, .ann doon. .wnlnp, and ihocUo. ..... .. ......,.., IItIIhod ... .. INIoIIod In .. uocd In _ wllh '110 .... _...bora dccCribed. TO HA VB AND TO HOLD ,110 .... UIlIO and I.. Ih. _ of ,110 Iolon_ III MOO .. and ........ I... ...., rROVIDED, """cr, ..... lI.h. Aid Monpp ....11 p., and pcr(orm, .-... ... .110 oondldonl ......, .nd AId Bond, cvcmhInI.o be plid .nd pcrformid u "".Aid, ,hen ,110 ..... he"'" con..,'" .nd ponied 01>.11 ........ null and void: BY nlE EXECI1T10N .nd d.U...., oflhb Monp.. .nd of ,he Bond IICU.... hili"', ,he pinta h,",o ",," lha. Ihcr. .r. adopced and Includtd herein. 'ot .ny .Id .n purpoltl. " In In.qtll pan Ihrreof. by referenc.. ,he ume .. If ~. 'nnh vnhlllm hl'!rtln. .11 rhe I!ncral provlliMt. covtnlnll. tondltinnl and oblipl~ ~ lIlncd In th, Scipulllion of Otl~r.l MonplCC PtoYlIion. recorded by the Mortplfc In lhe olnu of the Reo conler of DcedI, In Cumbed....1 ('"".n" Monp.. IIooIc 418 ..... ]49, In Yotl< Counr, Mon_ IIooIc 26Y ..... lII8, and In P.rry COWlIY Monp.. IIooIc 40 ..... 27], PROVIOED. HOWfVER, ,ho, ;1 ,he M"np,,", ohall p" .11 of ,he .,....id Ind.bced..... Inr._ .nd ..h.. amounts which may be owifll hereunder or under lhe 'CC'OmpanYinllM'ld, .ud Ih.U ruUy perfonn IUIb. em.. Mn... conditkw ,oJ .trttmCNI lei 'Ilnh or incorpon.lcd herein .nd In laid Bond. then thll MonPJI ahall be .did AlN rclcued II lhe cxpcmc of the ~PPN'I and Ihc nlll. hereby IflmN .nd conYtJ'cd ahaU be .oid. WITNESS d\C dUf tlcanian herml.he day .nd year f1Ut above wrillen. SIGNED, SEALED, AND DELIVERED IN nlE PRESENCE OF, u?~i,J?/J:.e.t.................,..(SEAl) ROBERT P. RECICER ~~'~,.......... ..~L~....._............ ..,.,.,....",.,.""...........,......,_..,......,......,..,..(SEAl) ,~,Jj,6.,I.AU'UL(SEAll ~~~ ...,. . '.........,.. ,....... ,.......'.. ..........,.....__(SEAl. CXlMldONWEALnf OF PENNSYLVANIA CXlUNIY OF CUMBERLAND On Ihlo .... c2~,.,d bel... me KAthleen J. Lindberg ROBeRT P. BECKER and OOROTIIY II. DECKER. hh vUe alWaaoril, ptOYCn 10 me 10 be the pman..hoet name are aubKribcd to lhe within inIINmInI and IClnowIedpd .hI. they......'....he A... I.. .he pu_ ,hellln COl\IIincd. l~ dI,of Horch . ....n, IUa.. ,he undcnilncd ofllccr, pc......lI, ._101I ,..~\.aG ;, . ..~iI " , IN WITNESS WHEREOF I hemwo ocr .n, hind Illd officlol...I, S.> , '~"\ ~I,>:'" ,,_ h... I ,'. " ~A,..o .:" .- M, _ upIra ,~.._,....,..~.. , -.' ..:..(;.., -.:-- KAnLWl~~unlFRQ ,.-J1dH "':I~ ';,; .:.;~ ,'~, ....".,FILlIc.A...H....eo. -/.(~J,.I:3'-,..,....._, (1itlec.l ')". At Cl:nwnUoon ~C11 M:Itc:h Z. Il11t # '. .I {." J. , ., CFIl1lFlCATE C.t' iIf..111HI.::l! I ctrt1f, that 1M pndM pa.c. of btulnca 01 Monppt: I. c.fll.J., hrtl't1vtnJL ..--........ ' -A;i'ijTo; """'-" allDK li:JIlI'Atl !i511 OENERAL PROVISIONSINCORI'ORA TED BY REfERENCE AND NOT TO BB RECORDBD HIlIUIWrI1l The fDllowiltl I, . cupy uI Ihe acnef.l plUVWona. (()Vellln". condilkKu .nd oblipllona Conlained In 1M Stlpul... don of Oeneral MonPIt Provisions which Irc ilKOfporal,d by ldtnnce I' In inltlral plrI 01 lhe fOlclOinI Mon_. ...' ........,..... .-~ ..',.... Stipulation of General Mortgage ProYlsIons 8r CAausu BuILDING AND loAN A.aoc:IAnoN. CAausu. p", rnB FOUOWINO ..n..ol p,ovlsloN, canve..n'~ condIriona .... obIiaa,lanI ohaII be an Izll-' put '" Ulf moflpp hercahrr rrconltd In anr Count,. In Pennsylv.nia In favor of lhe undcnilMd when auch 1ubIcqucnI- I, recorded mortpae upmal, provide. for the incorporation of .he lollowinl acnenl prorieIonr. conYCnanh, c0n- ditioN and obli,.lionI ., an inll"'" pan ,he,ted by reference to chit ruon1ed aripul.llon. - ADDmONAL ADVANCES. The MOII"p '!"i ,he lien ,hmol ah.1I be accuri" IJD! onI, lot ,... oriIInaIln- dcbIcdnca evidenced b, ,he accompan,illl Bond, bu, .ho I", .n, D1he, 1Ul1I1''''' m'7 be loaned .. od,lnccd by the Monpaee 10 .he MOIIPIO' It In, lime or lima heRa'.cr. PAYMENT OF TAXES INSURANCE PREMIUMS AND OrnER CHAROES. Fnm 11m. 10 11m.. undI .... debt .nd Inle'''' tI. lull, paid, Moo....' ....11 pa, .... dloch,.... when .nd u ,h. um. ....11 becomt d... .... papble, ,II Ill", llIUIn\tn... ICwcr and "'Ie, rtnll, .nd ,U other charaa and cla1ml UK8Cd 01' ICYIcd br ant I.wful,ulhorh, upon Iny part of the mon..~ prcmllel; pa, III ~nd renll reICrYed (rom lhe mortJIICd pllmllcl .nd pa, .nd dilch.... .11 mechanl" lie.. which m., be lIIed ...1Nt ..lei prcmIIca .nd which ohaIl .. mlaht have priority In Uen or s-rmenl to the debt KCUrcd hereby; ply and dllCharae an, tu which ma, be InIcd by an, duly conItllutcd authority upon MonPICe on ICcounl of Of meuurcd by lhe amount of debc due here- under or under lhe accompanYlna Bondj provide. renew and ke:ep alive loch poUcla of lward and liability lnIur.. .nee.. Mort..pe may from thm to time require upon the bulldJnp_.nd Jmprovemenll now or hucaftu erected upon Ihe monpaed prembtl, with loa payable cllUICII In favor of MonPICC .. Ita ,Interue ma, Ippear. MAINTENANCE OF MORTOAOED PREMISES. Monpp ohaII maln,aln .11 bulldinp .... Im_" IUb)cc< 10 ,hb Monaa.. in aood .nd lubat.n,ial rtpaI, ., dtlelUllned by Mort-. MonPa<c....n......... dabl 10 .nl.. upon ,h. mon..acd p,.mloa .. .n, ,CUOIlIblt hou, I", Ih. pulpOlt 0I1_1Ina .... onIcr, eondlo tion Ind replJr 01 the buildina or buildlnp erected thereon. NON-PAYMENT OF TAXES. INSURANCE, OrnER CHAROES, AND COST OF REPAIRS. In ,......... ManplOr ncalce" or .dUJCI to pay the tuel, Jruunnct premiums or other charaa above menl~ within JO dlYI afler the lime become due Ind payable} or falll 10 maintain lhe bulldlnp and Improvementl U IforcakL then the Mortpate ma,. al ill option but whhOUt an, obUpUon to do to. advance 1M awnl R'Qwrcd and add. an, amouRl' 10 .dvanced I\J Ihe principal debc lCCured hereby. and collcet tht. lime u . pin of the principal debt. 'TRANSFER OR ENCUMBRANCE OF MORTOAOED PREMISES. Moop... .,.... nol 10 .nnoIer dde 10 the mortpaed prcmllel unless Ihe Mortpace consen.. In writlOlIO luch Innsler. A uanaler 10 thCllUrvIYor or d..l.... 0' h.lrs oIlhe MOil.."" in .h. ..en' 01 ,h. Man..",,'1 d..,h ....11 nol come within lhe prohiblllon '" the forcaolnltentence. Mon,aaor alia covenanl. and a&fCCl not 10 cre.le, nor pennII to ICCrue, UPQn III or any pan 01 Ibe inou..acd prcmlsco, .n, d.b" II.n 0' chi'" which would be prior '0, 0' an . pari" wid.. .... lion 01 ,hb MOil...., REMOVAL OR ALTERATION OF IMPROVEMENTS. Moo..... ..,... nol'o llmov., dcmolioh ot make.ny lubstantlal Ihentions to .ny improvemenl. now or hereafler located on Ihe monprcd preml.. unlCII Ihe Mon.. PlOr CONCnllln wririna IherelOo \ " ASSIONMENT OF RENTS. Mort....' .osI... .nd 1I0nol... unto Moll..... .n, .nd .11 IInll 1_ ,... lOon- "pel prembu. .nd aUlhorire. the Mortllaee, II any time there ila default under the MartPIt or accompany.. \nc Bond, to tllte ~kln of, rent. repair and opc:rlle IIld'Jrembn and. .fler dcduclina all COlI' PI collection. opcntlon. repaln and 'dmlnil'n'ion1 to apply the balance the rentl received on ICCOUOI of lhe obUPlion 01 the MortplOr. MDrPI<< ,hall have ull power to ItllC or renew IcalCl upon luch lenN .nd condillona u to MortPIfC may Kem proper or dellnble. ACCELERATION OF MA 11JRITY AND FORECLOSURE PROCEEDINOS UPON DEFAULT, In.... de- r.uh be made b, the MonplOr in Ihe paymenl of In, lnat.llmnl of principal. lntemr, ot other IwnI plyable under the term. of thil Monpgc or the .ccMlplnylnl Bond. .nd Ihe total .rrcanaa are cqulvalcnl 10 two c0n- tracted moothl, Instillment paymentl, or in the evene of a brruh by the MonpJOl' of an, altbl other obi... ttom. covenant.. condilions and 'Ireemenll set fonh In Ihll MonplC or In the accompan"na Bond. IMn and in luch case the enllre unPlld bal.nce of Ih. indebtedncu. Includina adVlncCl .nd .11 other IUtnI paid by Iht Mon- Pace In aCCOl\l.nce wilh Ihe lerm. of Ihil Mort.lac or the ICcompanrinl Bond. totelher with unpaid lntaeIC thercoo. th.lI. .1 the option of the Mortpl<<. .nd without notice, bcConie ImmedJalCl, due and parahle. and (ortClosuft rroc<<din~. m.v be brouvhl forlhwith N'l Ihe Monpte or Judaemenl may be confctlCd on the I'" companylna Bond and prosecuted 10 judament, ellfcudon and IIle for Ihe collection of the lime. IOp:Ihcr with COlli of lull and .n .norneY'1 commlAlon for collcelion of live per centum of the tOlal lndebl:cdneu or twO hun- dred doll.... whlchcvtr Is Ihe laflfr amounl, MonplOf hereby forever wllvn and .elcala .11 enon In uk! pro. ccedin... walvCl"ay of uceullon, the ri,hl of inquisition, and C'lterulun ('If time 01 payment. 'PCCI to ~ tion of any propeny levied upon by vlnue of .ny luch cxecutlon, and walvel all exemptiON from levy and ale of In,. proptrty IMI now il or herc.her mlY be exempted b, Ilw. .' SUCCESSOR lJorTE\ESlS. Th. obU..,!ont, can....nlt, condillona and ............ conmlned in thia ~ and the accompan,ln, Bond .h.1I be bindiRl upon. .nd the bencfitt thereof ah.lllnurc 10, .he rapecdn parricI hereto Ind ahelr re.pecllve pcraonal reprcacnlatlvel, hel.... IUCCellOtI and .uipu. PARAORAPH HEADIN05. Parl....ph he.dlnp In ,hll Inllrumenl .re fOf convenienl referenee onl" and II it aarml Ihlt Ihey than noI be drtmcd cMtmlllnl In the interprelltion hereof, , . ,. ~ 1( ~ ! ~ ~ ~~ II "t. J ~ ~ .., ~. i~! ~ i 8::! . , .. . J.: ' a' RECORDED In the Offlee lor II<canUna ot Deccb In and I/~ ~ In M_ Jlook No. t..3 r I'qo .r.5'7 ... WrrNESS my hand and ...1 01 otflee ..... ~ JA<><. day ot '>"/'u..L... . Anna DamInI I' 7 j/ , ~.~~~~. J ....., , ' , 1Knnw "llilen lIy m~ese 'resents THAT ROBERT P. BECKER and DOROTIIY H. (II.) BECKER. hi. wUe of Honroe Townahlp (b.mnat,., whim" sinvu1n Of plural. c.slld ,h. Obli9Q') b htld and firmly bound unto CARL.ISLE BUILDINO AND LOAN ASSOCIATION or C.rlial.. P,nn5yl.""ta. I corporldon ..bllRe under ,h. t.WI or lb. Commonw.alth or PtMlVlwtn1a (herelA&fl.r c&llld lb. ObllgH).ln ,hilUm of.,. Amounl caRlh.lnll or Ihrtl dmu lh. .mounl Slipul"td below 10 bt pAid to th. ObU9M in ).aw. ful mon.y of Ih. Unhad 5"111 of Am.neA. 10 be p.ald 10 lb. wid Oblt..-.. hi el,uin 'IIOln.y lucc.lIOn Of luivn.. to whicb pi,. mini well ",clINI, 10 bt midi, tb. Mid Obli9or do.. bind bishlln, ...cuton, .dmtnulfllon .nd ,wign. and ,nry on. of Ih.m. joUIdy .nd ...,.,ally. nnnlV by lb... pr'Mnll. And .&Iso c:ondillon.d tMI anything h,,,1n plC)'Wldld 10 &h. CORIWY notwlthllan4ln,. II 11 ..prenlv und.f1Ioodmd'9,ttd ,h,l 01. Obli9t'tion of ,hi, Bond ah..1I cover," w.II, ,and future oId'tnclllhl' mAY ~ nwd. by ObU. II' to Obllp, ., Iny 11m. or tlm.. h.r.-her, prOYid~ tM,.t no 11m. m.y Ih. 101" W1.nct due by Obh9Of 10 Oblige. b.r.under, wh.lher lb. urn. r.pI".nls.in whol.or In poart, Ih. miullldvlftCt or AnY lulUI' iId'I.nc. or .11Y111C:.., ..c:elc1lh. sum 01 an unounl coaGllin~ 01 ,hi" limll thl unounlltipul.led ~Iow 10 be poUd 10 Ih. OLU"... And Ih. wid Obl~ dOli h....by .mpowel m. Prothonowy 01 .ny anorney 01 any Court 01 Record within ,h. Commonw.llth 01 Pennlyl..n.. or .b.wh.... to apptll' lor him and whh or wilhoula dtc:lIlatlon riled, conf.n jud\1m'"t .~nll him in fa.ol of Ih. Obligee, iIlSuC:C.l1on or ISIip, as or 1ft>>'''"''' ror lb. plulsum .bO'I. m.ntioned, which sum shllllnc:lud"nd COYII aU p'ym.nu IIqUilld 10 be mad. by Ih. ObliQor In and bV lb. l.nnl And condilions of 'Ms bond "I her.inllt.r HI lor'h. lnc:ludin9 ,&I1O.n "1I0nlfY'1 comml..ion fOI colllC'lIon or nf' plr een. lum 01 Ih. 10111 or III such plym.nt.. Of $200.00 whlchn.r lIlb. jjrver sum, 1~lher wllh 1:0111 01 sull; .nd dOls her.by wll" stl>>' or '.laIllon or other proctu on such lud9m'RI, and holdin9lnqubilioll on .ny ,..tI.II"I. lnitd on by vlrIU' of any wlilsutd aul on such tudQmenl is h.l.by d.ilpenSld with...d w"..d.and cand.mIWllon .91eed 10, which I'" ..I.t. nul' be sold und.r" wril or wrhs 01 Filri Facial 01 olher I.wlul Will: and ~ltaemplion 01 peuon" prCi~IIY horn I..y .nd wi. or, "ny ulCUllon under ""Y law now In lor~ or her"'ler poIsstd, is h.r.by w.l.td, .nd fuuher Obli901 h."by "",.i... aU .non, dtltcll.nd UnpllfKlionaln tRlllin9 Ih. wd (ud9m.nl or In.any WIll, or pecc." or proc.tdin., Ihlreon or Ih.IIIO at In .nvwb. 'ouc:hlng Dr c:onc:trnlruJ lb. sam'. and for tb. cant.u1on.nd .nuy of sucb tudcpn.nl, Ihb alI.d1 be lulflctlnl "".".nl"lI11 .ulborily. THE CONDITION 0.' TUlS QOND IS SUCIIlh.lIf Ihl .bo.. bounllln Oblivor, his h.iU, ..tallon, Admlnb''''on or usltnt shlU w.U And 'NIl' poa>>, or c.u.. 10 t. polld 10 the wid Ob1i.,..,lI1SUCCfnOrl or .,signl, Ib.lum 01 ..1F1'Y TItOUSAND DOu.ARS DOLLARS (S 50,000.00 ) ud ill addillonil mon.yl adunc:td by Ih. Obliq" 11 her.in or olhlfwb.I~,alIV provided, I..wful mORly..foraaid, whb IIlt.m, II tbt rll.ololqht. and thr..perclnlum (0 314) per .nnum, In manlhly p,aymlnll 01 Rolllnltwl FOUR ItUNDRED quarter. DOLLARS (S 411 ..d 08 ..au) end EL&VEN end 08/100 on or btloc. the nft"nlh day 01 .-ch .nd ....ry monlh her.dllr unUllhl princlp,allum, Inllllll .nd pr.mlum, additional. advances .n.s olblr CUI9I' h.rein conrunlld '0 be p.ud, ." p.lid in fuU, and 1hlllll1w poly Of gUH lu be paid Ih. .nnual COSI or sum insur- anc' l!J"inSl lift.and olhlr hUlld upon. .9"ln.I or 10 wid mOll9"Qld prlmilll'" to MOlllJollJ" 1h1111IIm nec:tlUry,11I1 lnsur&nCI10 be procured lbrouQh inlLlr.nct comp,anl'l ,p.lrO'lIld by ,h. MOI't9i9H, Anylhin9 hlllin pnnldtd '0 Ih. conuary nOlwllhsllndift9, 11l1uprlllly und.,.Iood and .\lInd Ih.llb. OllUl}Iliun 01 Ibil Bond ahIU co..r, AS will, .ulV lulUII alluncn tMI m.y be mad. by ObUVI' 10 Obllp. II &IIY IImt 01 timll hllUfl.I, PfO'lldll1 Ih.1 al no time may Ih, lotal bi.1.nc.I due by Obli9Qr 10 Obli9tt her. under, wh.lb" Ih. sam. npn.llnll, in whol. or In P.rI, Ih. inilLa! Id..nc. '" Iny (UUII' .d,m<< or lI1un<<.. ..cted an Amoun' comiItlng 01 Ihl" limn the iln'iounl SIII.d .bo" 10 be paid 10 'h. Obli9ft. PROVIDED FURTHER, Ind his ..pltnty und.nlood...d .qr.td, Ih.llh. mOlilhly p,a)om.nl1 mad. by Obliqor shall be .pplltd. nnt '0 intllts' on Ih. unpaid b.Iluc. of the princlp,alaum .nd Ih. rem.inder Ihlltof Itwil be crediled on lCCoun' of uld sum, .n.s (.ac.p' whln lun .11 paid 10 Ih. Obll9" in monthly ImlllIOl.III1) alI,lI .110 wll1.and lruly twy .11 'UI1 (whleh uld I.nn "IU.S" stWI whemer ulld in Ibl. Bolld be I....n ..nd h.ld 10 includ. 1111..... '"".Ier renll.ncl.U olher munlcip,al or olber p.mm.nlll UMIIl1\Inl1lnd charV's) which now Ar' And ,also IIllholl whleh m.y hll..her ~ ..".utd. ,..IH Of ch.rvtd ~n'llb. pI.miIts ....anltel In Ih. MorllJ1V' accomplllyln" Ihb lkml1 ill Ill. um. A" or 1..11 dUI, ..1I11 .1,.11 on Of before lb. (in' d.y 01 J.nuart or IKh and ...ry Y'''' ptoduc. .nd d.U"r 10 Ih. ObU9" It<<lpll for ..II ,uc:b "lun" lor Ih. curr.nl YNr ....11Id upon the mOfllJl9ld premi.... and wll.bokllp.nd maint.ln.1 all tlmls.,ln such camlNny or comp.lnilll.. Ih. Obllq.. wll.pprD'l', a policy or poIic1n 01 lnwriInCI .ljIinll 1011 01 d.irRA9' by lu., or ulller risk ... reqlliml by 01. Obli,,", &II.n .,nDUIII nOII.u IhIn Ih. amount due on Ibis mor'9"9I upon the buUdln91.nd lmprov.m,nlJ upon Ih. wid premiws. ,,"d ~I pollcill WMlson.r COY.rin9 Ih. said Lmprow. m.nll, whither an 'XC'II 01 Ih. required &mounl or nOl, alI..1 be duly .Jlign.d AI colullr.l tKUrilY 10 Ih. ObliQlt, and 10 bt by uid Obll.,.. IIlaln.d, .nd sh,all ~1O poay promptly the COIl .and premium on wd poIic:Y or poIiciel of mlUr&llC', Md shill 1110 "liP And malnlAln Ih. bulldllllJ1 now on lh. mOCl~d prlmi..s.and .any bu"dln91 trlClld Ih.llon whil. Ihis obliVllion sh.U be In loret, In toad .and sufflci.nl "pair, .nd Iholll.bo fDllhwith "poly unlo lh. Obll9flt.any lum or lunll or money p.lid by Ih. ObliQII rex or on iCCOUnl of &Ill' "WI1" Ind prtmium, 01 Insur.nc. which ,h. Obll9or h.1 nOl p,ald .nd (Mlnl.lned .1.bov. requir.d (which II. lbouQh nOl1O bound lb. ObllQII NY p.1y and rn.,alnllin Wllhaul ImpliringlJlY Olher of Ih. rigbll hert\lndlr. and 111M option 01 the ObUV'. an such plYmlftl1 or .d.wII nude by Ih. Obll911 may be.dded 10 lb. uftp.lldbalanc.oflh.lcwn). WITHOUT "ny ".ud or further d.l.y, Ih.n Ihls Bond alIlIl be ,old. PROVIDED, hOWftlf, &lid II is h.l.by ..pl.u1y '9rud Ih.llf "I "ny tim. dd.ult be nwd.ln pAym.nl 01 wid monthly IAIW' lmenls, and lb. loW ,ur..r.1JI1 .ut 1q1l1,.I.nl 10 IWO (2) conulCIIIl monlhly inll~lm'"1 p.I)'m.nls; or dtf.lllt be mad. 1ft lb. ,.y. mini of 1'1""" whln du., or Ih. prompl .nd p.lllClu,al nwlnlllWRc, of wid In,UrlRC' AIII\1nll.l AI ,'or.wld wh.n du., or tbt p,ay' mln, of Ih. COIl .and pttmlum IheIlO( wh.n du., whlth.r puu:tlued by tb. Obli'lOf or Obli9", Of .ny lum or suml paid by lb. Obll". ror Of on ICCCNn' of Any t.." or premiums or .ither (whkh p,aym.null.... 1101 AI Ih. option 01 Ih. ObUlJI' be.n added 10 the unp,ald balance oflh. lOIn), or m.mlfn.nc. of loUd bulldinlJ1ln vood .nd suUiclen' repair .fler noliC'l from Ih. ObliQlt, or in Ih. ...,11 the buUdin9 or bulldinp sho\ll'be ch..nQld or .hfltd, or If Ih. IhlllO Ih. mort~ prembn be 'ransf.rred 10lnYon. Olher Ih.an IhI survi,oc 01 th. OblIQUl'. or hll h.1r or d"iMtl. wilhoul Ih. prior wlln.n con..nl 01 Ih. Obll.., Dr In cut 01 MY defluh uneStl Ih. Itrms hlllOr of Ih. KComp,an)'inq Mon~9I, .and such d.l.ull in .n)' OM of lb... InpICll..ill. IOf . period of thlny (30) d.YI; Ihln and in such clMlh. unp.1.id boIIanct ollb.IOln, Includin9 .ddillon.Jl id....ncn .nd unpaid Inllll1llhaJl, II lb. option or Ih. ObliV'., btcom. due Md pAy.bI. immtdillely, .and IN)'m.n' 01 wid unp'ld boII.nce of th.lo.n, .ddillon~ ad;v"'c:es and aU Intll"l Ih.1IOn IOd olher p,aym.nll hllelft .qreed to be m,ad. by Ih. Oblip m.y be .ntorctd. &Rd ItcOVlltd ., onc:t, IJIY. 'hlft9 her.in conulntd 10 Ih. contr"y nOlwllbslllldin~:.nd a wril or Wrill of Fi.ri F.a.1 or olhll lawful wrillUlY be lIsutd upoa tht Judpn' obtained upoft Ibis obli9l1lon by vlrlu, 01 the wan.n' of allom.y h'lI,n conlllntd. at I complainl In an acllon 01 m01l1J"9t lortclOSUII IN)' be Id.d upoft Ih.ltComp,anylng MOCl9l9lIRd proYCUltd 10 lud9m.nl .nd tatc\llion.and w. 10 rtCO'Itr lb. unpaid bIlInc. 01 ,h. loan, all addillolWl"d..,anc:" nwd. by the Obl.. as h.,.ln or olh.twill IeQ.dly protidtd, IIllnll,..' and pr.miums Ihtrton rem&inlnQ unpaid, 1.lhll whh &II I.... COlli IOd ..penlls of collecting Ih, urn', Includln9 an anomey', commbsiOll 01 fin per Clnlum, .anYlh11l9 b,"ln conulntd '0 lb. conu." notwhhlllftdUl9i .n.s as " conc:urllnl .n.s cumuLui'll remedy or opllon Ihllton ror the ben.lil 01 lh. Obl19l', III SUCCIl10lS or Aulqfts., lh. wkI Obll9or dOlI hel.by lI.uhoria. and .m. poWlr Iny .1I011l1Y 01 .any Coull 01 RlCOrd 10 Ippen for him in any coun o( campllln' lurildlCliorl110 conf," judgmln' aQIIftll him In f.,Of 01 Ih. Obll"., IU1Ucr:lJlon or aulngs. in an ,am1c.b1. action .)Klm.nl (or poutulon 0 the proptfty MCUrt4 by lb. MOI1P9' ac:companylng Ibis Bond, And d.sc:ri~ Ihllli,., COlll,TllUCTIOII f\JHllS SlAW. DE ADVAIlCEO 111 ACCORDAIlCE \/ITII TIlE LENDING AGREIJlEItT. EXltIBtT 18- \ \ , ~ .. " .,11 !lInIltr _...., .....'ood IIl4 ..... ....~ II.., .... or..... 01_ __ ...,allIe ...,.., poUcla 0111> _ ....dot "'IIIC({_ .......... or'" ,Im&. 01..'....-.,.11oo or ukIot 01 tIIo.."""""',...,uo. lor...bIIc... tIl. otlUttI .... .." lIM cpUoD 10 noM" MIS appIr &h. IoUM OD aooouat oIlbU OllUtadoa. or penall1M 0Wg0t to...." &Ad u. ... or .., pen _, lor .... ...~ 01 NpOlriot .... IIIC({ppd .......... or ,'''.., ...... .....-. wi.....' tIIoll'" W....lot or IalpoIdq tIlIa ObUt&lIoo, or .... u.o 01 .... ....._ .....dot I~ ".. llliIlGor ......., ..pmoI, ...... and ,,"".n .... .... otiItM aU MD' of moaq pI"ablt ulNlet IUda an.urlAClt c:t.Wn. 01 condemnatloA pcClCttdinp. &Ad doee bmbv lnnocublr AOmlA. au.. DOQIWu" ud appolal Lb. ObU,..lo IC1 lor II.. 0bUp.. 11M &Ad lIwtYJ 1IIOmqlot the ooUctloa 1b...1Of. 1III!lInIltr ..pnaI, ."ntood 1Il4..... tIIoI .... __ 01 tIlIa 0bUt&_1Il4 .... _paarlAjllot,_ lor tIIo ""_ ....Iot &h. plr-- ollb. princtp,llllilD h....t.v MCUnd. 1000lb.r with !AI"" aM premtlWl \hIreon.IIUl'OI tho ptrlClnNACl of Iht CIO'ItQIAlI. OOftdiUonl and ....1II1a'.. awl,n lAd thI~-r~ COIlI&1Ded are cumlllAd.. and conasmal &ad mar be pul1&ltd 1iagI,.orlUCOlal".,.orlO9llber.1 &h. aole d1-=ttt1oa 01 &hi ADd IU1 be aercbld &I oll.a u occaIon th.rtlM IhIU 00l:\lI. I' '11118 INSTRUMIlNT II ......1Id .., ..... ..... ... ..._ II 0bIIt0r tIIo ..tIlorI&adono, obllQallocu, mpoolibi:ld",llIbllJd.. IIl4 wol"n 01..... _ bo JoIn'lIl4 "..,01. WIlt..." .1Id, .... ....Iu nlllllbor W111no:J.do ,h. pt.,ol, tIl. pI.,1I tII. ""11"11I, .... ... of .., voodII W111od.oIo 011 VOAdo... and .... _ "OW"","1Il4 Obll9M" wh""".1Id, W111od.d. tII.Ir....... ... CIlIlon.ll1m1aJIlIllOn, NCCtIlOl'lt ,mdMI or aldvna. W1'111DSObIIgor'.hIIl4All4l111t1l1a d<3-,,( do,oI Hooroh 1978 SlllN8D, SEALED AND DELIVERED IN '1118 PRESENCE 0' (WI-) (W-) (WI_) ~) ~^""~~~d."" - IXJ5Il!f1",J!..~,..................,......._, (SEAL) ?I....... ROBERT P. BJx:ItER ~..7~~::.:::-.._' ..,.... ........,_......,..,_...~.._....,~.........,..';::.j''':'..7~......': (SEAL) r.F!.~~,;:::~..~ ..-..-,...............,--.... ~,',8lI!p~..1.?;.,(,:{Y.'J..e..~, (SEAL) llO,miiy.~: (U.l BJx:KER _...,..,.......,...___..........__...._, _..........,_,........._.....,..............,.....__.........,............ (SEAL) . ~ 11 ' - ~ '. 1! ~~ II j. l!! . 1 ,'~. ~ f, i :!l 8 ri Ii! d I') 8 " ~ .; ~ on 2 :l! .. ! D ~ S ~ a D c ,. .' 10 HARRIS D SAVINGS BANK Sccnnd ilnd Pint: Slrccls 1',0, !lux 1711 lIarrisburg_ I'cnnsylvania 17105-1711 717/2:16-1041 December 17, 1993 COVER LE'ITER FOR NOTICE OF INTENTION TO FORECLOSURE MORTGAGE Robert P. Becker 626 Lynes Road Dillsburg, PA 17019 Dear Mortgagor: Enclosed herewith is the Notice or Intention to Foreclose as required by Act 6. You have previously received a Notice under Act 91 or 1983 which set out certain rights and remedies available to you as a Mortgagor in derault. The enclosed Act 6 Notice or Intention to Foreclose gives you notice or certain additional remedies which are independent or any remedies and rights you may have under Act 91. The total or your rights includes both your rights under Act 6 and Act 91. Very truly yours, Lisa A. Marsh Senior Collection Counselor LAM/lmw Enclosure: EllHIBl'l' .e. , . ." UHARRIS D. SAVINGS BANK Seellllll ,,",I I'illc Slrecls 1',0, IIl1x 17\1 !lnro.bur"_ ('CII".yIY,,"i., 17105 717/236.4041 December 17, 1993 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Robert P. Becker 626 Lynes Road Dillsburg, PA 17019 Dear Mortgagor: The MORTGAGE held by the Harris Savings Bank (hereafter we, us, or ours) on your property located at 626 Lynes Road, Dillsburg, PA 17019, IS IN SERIOUS DEFAULT because you have not made payments of $411.08 for the months of September, October and November, 1993, plus laic charges (and olher charges) have also accrued to Ihis dale in the amount of $-0-. The total amount now required 10 cure Ihis default, or in other words, get caught up in your payments, as of the dale of this leller is $1,233,24. You may cllre this default wilhin THIRTY (30) DAYS of the date of this leller by paying to us the above amount of $1,233.24, plus any additional monthly payments and late charges which may fall due during this period, Such payment must be made either in CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER and made at any of our offices. If you do not cure Ihe default wilhin THIRTY (30) DAYS, we intend to exercise our right to accelerate Ihe morlgage paymenls. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of Ihe amount of default is not made within THIRTY (30) DAYS, we also intend 10 instruct our allorneys to start a lawsuit to foreclose your mortgaged property, If Ihe morlgage is foreclosed your mortgaged property will be sold by the Sheriff to payoff the morlgage debt, If we refer your case to our allorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable allorney's fees even if Ihey are over $50,00. Any allorney's fces will be added to whatever you owe us, which may also include our re.1sonable costs, If you cure the default within the Ihirty day period, you will not be required to pay allorney's fees. ;', '........,;:..;;;;:::-. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within Ihe Ihirty day period and foreclosure proceedings have begun, you still have the righlto cure Ihe default and prevent the sale at any time up to one hour before the sherifrs foreclosure sale. You may do so by paying the toUll amount of the unpaid monthly payments plus any late or other charges then due, as the reasonable attorney's fees and costs connecled with the foreclosure sale (and perform any other requirements under the mortgage). It is esJimalcd that the emliest date that such a sherifrs sale could be held would be approximately June 8, 1994, A notice of Ihe date of the sherifrs sale will be sent to you before the sale. Of course, the amount nceded to cure the default will increase the longer you wait. You may find out at any time exactly whatlhe required payment will be by calling us at the following number: 231.2966, This payment must be in CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER and made payable 10 us at the address Slated above. You should realize that a sherifrs sale will end your ownership of the mortgaged property and your righlto remain in it, If you continue 10 live in the property after the sherifrs sale, a lawsuit could be Slarled 10 evict you, You have addiJional rights to help protect your inlercst in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT, (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND A1TORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, If you cure the default, Ihe mortgage will be restored to the same position as if no default had occurred. However, you are not entitled 10 Ihis righlto cure your default more than three limes in any calendar year, Sincerely yours, Jack W. Shader, Jr. Collection & REO Manager JWS/lmw ' , , . 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',' IDHARRIS IiI SAVINGS BANK Second and Pine Slreela 1',0, Box 1711 Ilill'riaburg, Pennsylvania 17105 717/236-4041 December 17, 1993 COVER LETI'ER FOR NOTICE OF INTENTION TO FORECLOSURE MORTGAGE Dorothy M. Becker 626 Lynes Road Dillsburg, PA 17019 Dear Mortgagor: Enclosed herewith is the Notice of Intenlion to Foreclose as required by Act 6. You have previously received a Notice under Acl 91 of 1983 which set out cert.,in rights and remedies available 10 you as a Morlgagor in default, The enclosed Act 6 Notice of Intention to Foreclose gives you notice of certain additional remedies which are independent of any remedies and rights you may have under Act 91. The total of your rights includes both your rights under Act 6 and Act 91. Very truly yours, Lisa A. Marsh Senior Collection Counselor LAM/lmw Enclosure: EXHIBIT -D- " IDHARRIS o SAVINGS BANK Seemul and I'ine Streets [',0, lIox 1711 lI.rris~urll, I'ennsylvani. 17105 7171236.4041 December 17, 1993 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dorolhy M. Becker 626 Lynes Road DilIsburg, PA 17019 Dear Mortgagor: The MORTGAGE held by Ihe Harris Savings Bank (hereafter we, us, or ours) on your properly located at 626 Lynes Road, DilIsburg, PA 17019, IS IN SERIOUS DEFAULT because you have not made payments of $411.08 for Ihe months of September, October and November, 1993, plus late charges (and other charges) have also accrued to this date in the amount of $-0-. The total amount now required to cure this defaull, or in other words, get caught up in your payments, as of Ihe date of this letter is $1,233.24. . You may cure this default within THIRTY (30) DA YS of the date of this letter by paying to us the above amount of $1,233.24, plus any additional monthly payments and late charges which may fall due during Ihis period, Such payment must be made either in CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER and made at any of our offices. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments, This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments, If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is forcclosed your mortgaged property will be sold by the Sheriff to payoff the mortgage dcbt. If we refer your case to our attorneys, but you cure the default before Ihey begin legal proceedings against you, you will still have to pay the reasonable attorney's fees even if Ihey are over $50,00, Any attorney's fecs will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees, " I"-"~::--~;, ., We may also sue you personally for lhe unpaid principal balance and all olher sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the righl to cure lhe default and prevent the sale at any time up 10 one hour before lhe sherifrs foreclosure sale. You may do so by paying lhe tolal amount of lhe unpaid monlhly paymenls plus any lale or olhcr charges lhen due, as lhe reasonable attorney's fees and coslS connecled whh lhe foreclosure sale (and perform any olher requirements under lhe mortgage). It is eSlimated lhatthe earliest dale Ihat such a sherifrs sale could be held would be approximately June 8, 1994, A no lice of Ihe dale of the sherifrs sale will be sent to you before the sale. Of course, lhe amount nceded 10 cure the default will increase the longer you wait. You may find out at any time exaclly what the required payment will be by ealling us at the following number: 231-2966. This paymenl must be in CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER and made payable to us atlhe address stated above. You should realize lhat a sherifrs sale will end your ownership of lhe mortgaged property and your right to remain in it, If you conlinue 10 live in the property after lhe sherifrs sale, a lawsuit could be started to evict you. You have additional rights 10 help protect your interest in lhe property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT, (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED), CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be reslored to the same poshion as if no default had occurred, However, you are nOI enlitled 10 Ihis right to cure your default more lhan lhree times in any calendar year. Sincerely yours, Jack W. Shader, Jr. Collection & REO Manager JWS/lmw f'')/ (/:" '~i'\,) ,...... ~ . .)f "r~~-'1 ( "" ~ "" :z: "" m n m - ~ "" ~ m !!l m ~ t2 g:~(J)~ ,,0 ~ ~ " ..... '!"l>._""""" ~!l Z I"""""" "l>.Cl~ .s. ?, (J) t'V [~tl:l~ is':: ~f""'\-I ::; a Z .....-4 2 ~(f) +" - . .. ' 'IOINIS Id,lgllI Ulnll~ D .. , .. .. , ' ~ e IlIln 101 nolo lIUllU. . i! II il I- ,h~~i ': i ~D. Ill! 00( ,z- a. & m ~ ". .~ o.l! ~'2!! ld s:: 5 il- il a:. - a: ~'!;! !! ,tli _ iioE-e oZ a: ,~~ '0 'sg .... 20~ - ~ ~ '0 :: ~ ..,. - u a::l II 2 0'" 00( a: :0 ODD u Iii ~'i D8.,.li;"D ~ -l; a: _ H"; N ~ ~ -!'i Ii ~ ~1.11 ~ __ u.~~ii:l c!; lIi en ~ Ii ~;;: '~'i ~ i -:~.!! ~ ,--f&l!," ~. ~ .. n 8 ~.$.' 'DBD" " ol~ '[j I '~ _ a g J kl'l ($I t -x "..,I,! .s J! ' l:I\ a,;~fJ:- 1" '- - en ~-:~'Ai ii ;; ~ ~ l!! 2S'" .- !-G: .. :rl"'C...... r~ ! 'it 1 CD'~ < 1 4 _,.; j:. s '2 M "" Co ~ ~ ~ 's ~ ..I i :E III oi ~ ~ ! a:';= 2.iiP" 00( ~ l!! S 5 ~ . UU~i2~1Ii e ~~ i ~ ;: en...e~i~~..; B~C: ~ i ~ I ilPlI ""^ ill ... .. .. .. . _ II 1111 uo PIII!dwOg 5 iii !Ii III .. , . . . . . S311QQw N ... .. _ .. _ ..,: .. lI_n=,! J~O'" --.::0 I:l ~ I:l '- j"Ti =0\0 rn (f) l~! c: 3 . ~::: <::.- ~~~ 92, ~ ::j6.H -< rn ~a' C'~ i;!I.", ,p. t ,!J:.' *, :a~~ uti' -r..) '- ClI ~ U .., ClI 10 < CD 0 Co co O'l - 0<1> " - E - <1> I .... O'l I ..... I " - , ..... N - - I" _ -;.'l,.. - - ..;,.---""'" I ., "I> :;.--~ :. .r~. ~.c:o. . - e.,/Ce . ~ ~ 1;~~/f I .'~'#, " ~ rll f~l\ tf/~ /1. :c ~ 'f ...- -t. "'I . , ;yo " . .- .... 1(: ~. :~ ~, vJ o .... ..... ~ ..... ...p .s:. 1:':': ~. ., ::;; Sfi 0. < o ,.',0:; ", 17 ~ :r =~E ca '0" .... :>': , ..... 0::E 8'" ..D - ,. t:- ..... _-:.t...,- t .=-.~ ~ ~ t- .... OJ= to:!:- .., Co) - v - u ru C1: .. e C' c: . ,...a:l>>_cc,2: In a. ~(.) ~I~'; ~ ~ I ;, 6 u: ::' ,\ c N ,-' 1 .\0 C ..... - . r ,. . ~ ; , I i IDHARRIS D SAVINGS BANK Second and Pine Streets P,Q. Dox 1711 Harrisburg. Pennsylvania 17105 717/236-4041 December 17, 1993 RE: Account Number: 1700004856 TO: Robert P. Becker, 626 Lynes Road, DilIsburg, PA 17019 FROM: Harris Savings Bank, 2nd & Pine Streets, Harrisburg, PA 17101 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interesl, as required, for a period of atlenst sixty (60) days. The total of the delinquency is $1,233.24. That sum includes the following: Payments of $411.08 for the months of September, October and November, 1993, plus late charges totaling $-0-. You may be eligible for financial assislance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Assistance Act of 1983. You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Plense read all of Ihis notice, it contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your morlgage for Ihirty (30) days from the date of this notice. During that time you have the right to arrange a "face-to-face" meeting with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meeting must occur in the next thirty (30) days, If you attend a face-to-face meeting with a consumer credit counseling agency identified in this notice, no further proceedings in mortgage foreclosure may take place thirty (30) days after the dale of that meeting. The name, address and telephone number of our representative is: Lisa A, Marsh, Senior Collection Counselor Harris Savings Bank, Second & Pine Streets, Harrisburg, PA 17101 Telephone Number: 231-2966 EXHIBrr "E" 'i "".~,r".. ,.-_ i't(f:'~ .rr;:-:: ~ '. 2 The name, address and telephone number of a designated consumer credit counseling agency is: Urban League of Metropolitan Harrisburg, Inc, 25 North Front Street Harrisburg, PA 17101 Telephone Number: 717-234-5925 It is only necessary 10 schedule one face.to.face meeting. You should advise this lender immediately of your intentions, If you have tried and are unable to resolve this problem, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out your application, It must be filed or postmarked within thirty (30) days of your face.to.face meeting, You must either mail your application to the Pennsylvania Housing Finance Agency or you must file it at the office of one of the designated consumer credit counseling agencies Iisled above. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105, Telephone Number: (717)-780.3800 or 1-800-342-2397 (toll free number). An application for assistance may be obtained from this lender, from a consumer credit counseling agency or directly from the Pennsylvania Housing Finance Agency. It is extremely important that you file your application promptly, If you do not do so or if you do not follow Ihe other time periods set forth in this leller, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. , It is eXlremely important that your application is accurate and complete in every respect. The counseling agency will help you to fill oul Ihe application, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During Ihat additional time, no foreclosure proceedings will be pursued against you if you have met Ihe time requirements set forlh above, You will be nOlificd directly by that Agency of i~ decision on your application. . ~ , 3 In addition, you will receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice. we can not foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home can not be foreclosed upon while you are receiving that assistance. Very truly yours, Lisa A, Marsh Senior Collection Counselor LAMllmw . . ," . - IDHARRIS o SAVINGS BANK Second and Pine Streets P,O, Box 1711 Harrisburg, PeMSylvania 17105 717/236-4041 December 17. 1993 The subscriber below of the U.S. Post Office located at the Federal Building, 228 Walnut Street. Harrisburg. PA, does hereby certify that an envelope was mailed with postage prepaid by First Class Mail from the Harris Savings Bank addressed to Robert P. Becker, 626 Lynes Road. DUlsburg, PA 17019 and was properly deposited in the U.S. Mail for delivery this 17th day of December. 1993. U.S. Post Office ..- BY:~~~:'---- Federal Building --:.-,. ~ Harrisburg. PA , . IDHARRIS D SAVINGS BANK Second and Pine Streets p ,0. Box 1711 Harrisburg, Pennsylvania 17105 717/236-4041 December 17, 1993 RE: Account Number: 17??oo4856 TO: Dorothy M. Beeker, 626 Lynes Road, Dillsburg, PA 17019 FROM: Harris Savings Bank, 2nd & Pine Streets, Harrisburg, PA 17101 Your mortgage is in serious default beeause you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days, The total of the delinquency is $1,233,24, That sum includes the following: Payments of $411.08 for the months of September, October and November, 1993, plus late charges totaling $-0-. You may be eligible for financial assistance that will prevent foreclosure on your morlgage if you comply with the provisions of the Homeowner's Emergency Assistance Act of 1983. You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control and if you meet the eligibility requirements of the Aetas determined by the Pennsylvania Housing Finance Agency, Please read all of this notice, it contains an explanation of your rights, Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from Ihe date of this notice, During that time you have the right to arrange a "face-to-face" meeting wilh a designated consumer credit counseling agency, The purpose of that meeting is to attempt to work out a repayment plan, or 10 otherwise settle your delinquency, That meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with a consumer credit counseling agency identified In this notice, no further proceedings in morlgage foreclosure may take place thirty (30) days aner the date of that meeting, The na~e, address and telephone number of our representative is: Lisa A. Marsh, Senior Collection Counselor Harris Savings Bank, Second & Pine Streets, Harrisburg, PA 17101 Telephone Number: 231-2966 EIlHIBIT-P" " 2 The name. address and telephone number of a designated consumer credit counseling agency is: Urban League of Metropolitan Harrisburg. Inc. 25 North Front Street Harrisburg, PA 17101 Telephone Number: 717-234-5925 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Application with the Pennsylvania Housing Finance Agency, The consumer credit counseling agency will assist you in filling out your application. II must be filed or postmarked within thirty (30) days of your face-Io-face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency or you must file it at the office of one of the designated consumer credit counseling agencies listed above. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P,O. Box 8029, Harrisburg, PA 17105. Telephone Number: (717)-780-3800 or 1-800-342-2397 (toll free number), An application for assistance may be obtained from this lender, from a consumer credit counseling agency or directly from the Pennsylvania Housing Finance Agency. It is extremely important that you file your application promptly. If you do not do so or if you do not follow the other time periods set forth in this leUer, foreclosure may proceed against your home immediately. Available funds for emergency morlgage assistance are very limited. They will be disbursed by the Agency under the eligibility criJeria established by the Act. It is extremely imporlant that your application is accurate and complete in every respect. The counseling agency will help you to fill oul the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your applicalion. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forlh above, You will be nOlified directly by that Agency of its decision on your application. I., y,"::. . ," ~"_~ ''ii.''.'-,~:~rt'.:; . 3 In addition. you will receive another notice from this lender under Aet 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However. if you choose to exercise your rights described in this notice, we can not foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home can not be foreclosed upon while you are receiving that assistance. Very truly yours, Lisa A. Marsh Senior Collection Counselor LAMJlmw . . ,- . IDHARRIS o SAVINGS BANK Second and Pine Streets P.O. Box 1711 Harrisburg, PeMSylvania 17105 7171236-4041 December 17, 1993 The subscriber below of the U,S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certify that an envelope was mailed with postage prepaid by First Class Mail from the Harris Savings Bank addressed to Dorothy M. Becker, 626 Lynes Road, Dillsburg, PA 17019 and was properly deposited in the U.S. Mail for delivery this 17th day of December, 1993. ljj 'lti - _: - -I - ~. '- .... ........., .'.... , ...... , "- /'.'I....~... '.... ~ \ . ! \ '.. 0' .. .~ ,,:,;-, ..- . ...,"':'::1.,':; ": -.... ~ Y. s.-P.ost-Offi("" l . -....,- ~ '~ --'---, By: ..~. -- _'. ..-- Federal Building ~ Harrisburg, PA Vl\ o .:: UlZ .::.:: ~:> ...:l...:l 1><>< Ul s~ -~ ~I>< o U . >< f>..8 oz ::> 80 I>:U ::> 00 UZ .:: ~...:l :Z:I>: 8~ al z::: H::> U -::r <:rJ ~ -. e., ,-- \-, ~ (':>\ ...., '-() r, it ...... 1'\\"<1.'--; .... \... '\ -.:J '- .' .' ""<I- (r-, \::;'- -- '::J ..... r- '...:;:, N --{ N'\ ,," a:: .., :.C": '-4.1.. - ~ (.)~ -- ~ ......... "--. "1 Ul ~ >< .:: :z: Z:Z: . 8 Ul .::.... .... 0 ~ ... 0(1) .... I>: I:: '" ...:llJl 'ri 0 rd '" ~ 0 'tl ..... 0.... I:: I:: (I) 'ri 'tl (I) 8 . :i!fl rd I:: .... Z ... >. ..... rd (I) H ..... t:l.Cl I>< Ul . 0 .:: Z~ > 1>:(1) ...:l >. HO ~.... I>< k 01:: :':'ri :;: rd ...:l . U~ 0 =' H .:.: ~ U k ::>ZZ al III .Cl alO':: 'ri (I) Hal ...c:: f>.. ~8 I>< ...:l'::Ul . UlHt:l 81>: .. HUZ I>:f.:i 0 ...:lOH ~:.: ~ 5Ul:> alU 8 Ul':: O~ .:: '::Ul I>:l%l 0 ~ lQ. ~ ~j!i!:: :a mil ~< ~ z '.. ... ',. . . ROBt:R r Eo Mn:RS Anml!'llll AT I.A'" 100 \'flU IUJ,\U ,." n'\4ftt,AI.A.""-IJ. I"A 11070 .. , ... '. Carlisle Building and Loan Association now by merger Harris Savings Bank vs Robert P. Becker and Dorothy M. Becker his wife In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1061 Civil Term, 1994 Real Estate Writ R. Thomas Kline, Sheriff, who being dubly sworn according to law, says this writ is returned STAYED. Letter from Attorney is hereto attached. Sheriff's COStSI DOCketing Poundage Pos ting Bills Advertising Law Library County Mileage Cert Mail Postpone Sale Levy Surcharge Law Journal Patriot Posters 22.00 100.30 9.00 9.00 .50 1.00 11. 20 3.04 7.00 7.00 6.00 265.70 293.50 30.93 $766.17 Pd. by Atty. 9-15-94 THIS WRIT IS RETURNED STAYED 9-15-94 Sworn and subscribed to before me this ;lo ~ day of J n r.:: i>- t 1994, A.D. 0...,...... 0. 1k..it..". 'ore;: ---==r1rC!lthonotary I So answersl~.~ /~~ .,....1"')/.... , . ,;.$~/, /'....-,; ...~...:v-'-:..._........"j. ~~... R. Thomas Kline, Sheriff by /) {J ? ('It(('!\.~~ d(({ lI"j Real state Deputy U,,- 13'1" ,cl..., I("/I.y ~ to r') '" ..... WRIT OF EXEX:UTION and/or ATl'JICH1ENl' C<MoOI'MEAL'lli OF PENNSYLVANIA) COUNl'Y OF CLMBERLAND ) No. 1061 CIVIL 19 94 CIVIL ACTION - LAW 'IO THE SHERIFF OF CUMBERLAND COUNl'Y : To satisfy the debt, interest and costs due Carlisle Association, now by merger Harris Savings Bank from Robert P. Becker and Dorothy M. Becker, his Dillsburg PA 17019 Building and Loan PLAINI'IFF( S) wife, 626 Lynes Road, DEFENDANl'(S) (1) You are directed to levy upon the property of the defendant(s) and to sell___ ALL that certain tract of land together with improvements thereon situate in Monroe Twp., Cumberland Co., PA (SEE ATTACHED LEGAL DESCRIPTION) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereofr (3) If property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to not1fy him/her that he/she has been added as a garnishee and is enjoined as above stated. lvlDunt Due $40,697.75 Interest Atty's Comm % Atty Paid $93.04 Plaintiff Paid $.50 $1.00 L.L. Due Prothy Other Costs DATE: April 29, 1994 by: REQUESTING PARTY: ~ Robert E. Myers, Esq. Address: 100 Old York Road New Cumberland PA 17070 Plaintiff Attorney for: Telephone: (717) 774 Supreme Court 10 No. 3163 09729 REAL ESTATE SALE No... @)~~uOOm ,', On 111 eta :J /1'1'1 the sheriff levied upon the rMendants Interest In the real property s!!lIa!r:d Iii .J1lr" " L.',,- ...h-rJ._ Cumberland County, Pa.. l<ncl.'n .ii,r: iiiitiibGrt(! as: 6..-1.j,.~~...tJ . [J,~V,.l'"'b and more ill!) i:':c;;r:::lJd I)n [):till:,:, '.,', I.. ...', ,~1 this writ and by this refoiOnCf) :ncr.'~,or;:;!~d ~J(~min. Date: 5';1. " 'I By: t7o..r>l'(j h OJ (v)'''''''' f2..;!-"d::i... &-r-.:f = Ail/ " ":..'JolJ "- L , . .-, ... ;J,JO CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : . . Plaintiff, . . : CIVIL ACTION - LAW vs. ROBERT P. BECKER and DOROTHY M. BECKER, his wife, NO.: 1061 Civil 1994 . . Defendants. I IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PA.R.C.P. NO. 3129.1 HARRIS SAVINGS BANK, the Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 626 Lynes Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania, 17019, more particularly set forth on Exhibit "A" attached hereto and made a part hereof by reference. 1. Names and addresses of OWners or Reputed OWners: ROBERT P. BECKER 626 Lynes Road Dillsburg, PA 17019 DOROTHY M. BECKER 626 Lynes Road Dillsburg, PA 17019 2. Name and address of Defendants in the Judgment: ROBERT P. BECKER 626 Lynes Road Dillsburg, PA 17019 DOROTHY M. BECKER 626 Lynes Road Dillsburq, PA 17019 F"-",''''''''''''''. -,"",.___ 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Richard H. Wix c/o Girard E. Rickards, Esquire 200 Prince Street Harrisburg, PA 17109-3099 Pennsylvania Tax Claim Bureau Cumberland County Court House Carlisle, PA 17013 Judgment Entered: 5/28/92 1948 Civil 1992 $675.00 Tax Claim 1991, 1992 and 1993 Taxes Owed $6,853.74 4. Name and address of the last recorded holder of every mortgage of record: Carlisle Building and Loan Association, now Harris Savings Bank Second and pine Streets Harrisburg, PA 17101 Teamsters Local 1025 North Duke Lancaster, PA No. 771, Street 17602 FCC Mtg. Dated: 3/23/78 Mtg. Recorded: 3/23/78 Mtg. Book 638, Page 557 $50,000.00 Cumberland County Mtg. Dated: 8/23/89 Mtg. Recorded: 8/30/89 Mtg. Book 950, Page 931 $37,973.60 Cumberland County 5. Name and address of every other person who has any record lien on their property: None. 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the None. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. t..."~",~,,;,::;:,,,",:,c"':"__'._,_,w..' " I verify that the statements made 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.A. Section 4904 relating to unsworn falsification to authorities. DATED: ~ ;J/lt/J , 1994 o1t ' ROBER~~QUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land, together with the iJnprovements thereon erected, situate in the 'l'ownship of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to witl BEGINNING at a stone in the Carlisle Road, thence by land now or formerly of the heirs of John Williams south 38 degrees 55 minutes west, 47.7 perches to a stone in the mountain, thence south 38 degrees east, 26.9 perches to a stone, thence by land, formerly a part of this same tract (now or formerly of Eli Arnold) north 42- 1/2 degrees east, 44.2 perches to a stone, thence north 32 degrees, 10 minutes east, 16.0 perches to the Carlisle Road, thence along said road by land now or formerly of George W. Slothower north 65 degrees 50 minutes west, 22.7 perches to the place of beginning. CONTAINING 8 acres and 59 perches. HAVING thereon erected a two and one-half story frame dwelling and a two-car frame garage building known and numbered as 626 Lynes Road. BEING the same property which Earl E. Becker, Sr., widower, and Robert P. Becker and Dorothy H. Becker, his wife, granted and conveyed to Robert P. Becker and Dorothy H. Becker, his wife, by Deed dated February 3, 1975 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 26-C, Page 680. UNDER AND SUBJEC'l' to Acts of Assembly, County and 'l'ownship Ordinances, rights of Public Utility and Public Service Companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. Parcel No. 22-12-350-53 EXBIBI'l' -A- CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . . . Plaintiff, : : CIVIL ACTION - LAW vs. . . . . ROBERT P. BECKER and DOROTHY M. BECKER, his wife, : NO.: 1061 Civil 1994 . . . . Defendants. : IN MORTGAGE FORECLOSURE AFFIDAVIT OF MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF YORK ) PURSUANT TO Pa.R.C.P. No. 3129.1, the Plaintiff, HARRIS SAVINGS BANK, by its Attorney, Robert E. Myers, Esquire, makes this Affidavit that the last known address of the Defendants is as follows: 626 Lynes Road, Dillsburg, Pennsylvania, 17019. Further deponent saith that the said address is believed to be ,the last known address of the owners or reputed owners of the said property levied upon in the within captioned matter. Further deponent saith not. R~ESQUlRE " , . before me this , 1994. NOTARY PUB My rnmission Ex ires: NolIIIIIlIeIl CllIM A. WIlday, NolIIY ... "'llcl - FIlivIew~, VOIll.CounIy My CommiuIon~. MIJ'dl 14, 1198 ... CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA . . . . plaintiff, . . : CIVIL ACTION - LAW vs. . . . . ROBERT P. BECKER and DOROTHY M. BECKER, his wife, I NO.: 1061 Civil 1994 . . . . Defendants. : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE UNDER PA.R.C.P. NO. 3129 TO: ROBERT P. BECKER and DOROTHY M. BECKER, his wife, the above Defendants: TAKE NOTICE TO THE FOLLOWING I 1. The premises which are subject to be sold at the Sheriff's Sale in the above-captioned action is 626 Lynes Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania, 17019. A complete description is in Exhibit "A" which is attached hereto and made a part hereof. , 2. The improvements situate on the premises consist of a two and one-half story frame dwelling with vinyl and mountain stone siding and an attached two-car frame garage building. 3. The Judgment of the Court on which this sale is being held is entered to No. 1061 Civil 1994. 4. The names of the owners are: Robert P. Becker whose last known address is 626 Lynes Road, Dillsburg, Cumberland County, Pennsylvania, 170191 and Dorothy M. Becker whose last known address is 626 Lynes Road, Dillsburg, Cumberland County, Pennsylvania, 17019. S. The time and place of the Sheriff's Sale is 10:00 a.m., prevailing local time, on the 7th day of September, 1994, in the Commissioner's Hearing Room, Second Floor, new Court House, corner of Hanover and High Streets, Carlisle, pennsylvania, 17013. 6. If you have any questions concerning this Notice, you should contact an attorney. If you cannot afford an attorney, you should contact I Lawyer Referral Service Cumberland County Bar Association Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 249-1133 7. A Schedule of Distribution being a list of the persons, governmental, corporate entities or agencies being entitled to receive part of the proceeds of sale executed to be disbursed by the Sheriff will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriff's Sale, and that distribution will be within ten (10) days thereafter. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House, Carlisle, Pennsylvania, 17013, (717) 249-1133. ' 8. In certain situations where the property is worth less than the judgment and costs, Harris Savings Bank can obtain a deficiency judgment upon which execution could again issue against other property of the above Defendants. 9 . THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be sold or taken to pay the judgment; You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of th~se rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICEI Lawyer Referral Service Cumberland County Bar Association Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 I.' >> I' ;; ''I , '. ':",,",,',--q, ,,,,~..~,,,j,,,....... 10. THE LEGAL RIGHTS YOU MAY HAVE ARE: A. You may file a Petition with the Court of Commol\ Pleas of Cumberland 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 to Strike said judgment with the same Court if you are aware of a legal defect in the obligation or procedure used against you. You may also file a Petition to Stay or Delay the Execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable rights. B. After the Sheriff's Sale, you may file ,a Petition with the Court of Common Pleas of Cumberland 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. C. A Petition or Petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business Court sessions. The Petition should be served on the attorney for the creditor at least two (2) business days before presentation to the Court, and a proposed Order or Rule must be attached to the Petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Court House Square, Fourth Floor, Carlisle, Pennsylvania, 17013, before presentation of the Petition to the Court. D. You have certain legal exemptions from the Sheriff's Sale which mayor may not apply. /lpuL ;;.qdJ , 1994 DA~ED: ~ 'S2UIRE Attorney for Plaintiff " .. . '.,~ .' ...,. '.. .:.... ...~e ,.e .:"..' ....~:::.:.... /.' .'. .' :....'1....:.... :,..;........... \. -... .-,.-. "',:. ~:-:-~ :: ~&o - n"dj:..g~bSCribe$Wto. before . , .'day of -"'".. . e..... ~. :.. . -~ '.~.' ," l ". " ... e.....,..:v..... '. ...... ....('...'1. me this , 1994. NOTARY PUB My Commission Expires: NolItlaI SeaJ ChIM A. W!IdaY. NolI!Y PubIla FUvlIW~. Yoc1ICOUnly MyCommlulon EfPl,.. Mlrdl14.11se LEGAL DBSCRIP'l'ION ALL that certain tract of land, together with the improvements thereon erected, situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to witl BBGINNING at a stone in the Carlisle Road; thence by land now or formerly of the heirs of John Williams south 38 degrees 55 minutes west, 47.7 perches to a stone in the mountain; thence south 38 degrees east, 26.9 perches to a stone, thence by'land,formerly a part of this same tract (now or formerly of Eli Arnold) north 42- 1/2 degrees east, 44.2 perches to a stone, thence north 32 degrees 10 minutes east, 16.0 perches to the Carlisle Road, thence along said road by land now or formerly of George W. Slothower north 65 degrees 50 minutes west, 22.7 perches to the place of beginning. CONTAINING 8 acres and 59 perches. HAVING thereon erected a two and one-half story frame dwelling and a two-car frame garage building known and numbered as 626 Lynes Road. BBING the same property which Earl E. Becker, Sr., widower, and Robert P. Becker and Dorothy H. Becker, his wife, granted and conveyed to Robert P. Becker and Dorothy H. Becker, his wife, by Deed dated February 3, 1975 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 26-C, Page 680. . UNDER AND SUBJECT to Acts of Assembly, County and Township O~dinances, rights of Public Utility and Public Service Companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. Parcel No. 22-12-350-53 BXBIBIT -A- Law 0Ilk:es 01 Robert E. Myers 100 Old York Road N_ CIImber1cmc1, PA 17010 JloberII. ~ Xad ... ..-....hm TeL (717) 774-3163 Fox (717) 774-2257 August 16, 1994 Office of the Sheriff Cumberland County Cumberland County Court House Carlisle, Pa 17013 VIA FAX ATTENTION: AUDREY Re: Barris Savings Bank vs. Robert P. Becker and Dorothy M. Becker - Cumberland County No.: 1061 Civil 1994 Dear Audrey, Please ~rArl~i-nue the execution proceedings in the above mortgage foreclosure action as the mortga~e has been paid current, with costs, by the Defendants. Tn H^,~RIS .Jl.5:61~ ,I', Thank you for your assistance. 7J~;=:' ~o~ert E. Myers REM/ll SHERIFF'S RETURN I-~ ~.,...,~r.' .'-l:>t;~'."_~ tItIl.V' c:ctofolOOWEI\Lm OF PENNSYLVANIAI COUNl'Y OF CLMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1061 Civil Term 1994 Complaint in Mortgage Foreclosure and Notice C9rlisle Building and Loan Association now by merger, Harris Savings Bank VS Robert P. Becker and Dorothy M. Becker Wesley Cook , SbatXfiXX' Deputy Sheriff of Cunberland County, Pennsylvania, who being duly S\IIOm according to law, says, that he seJ:Ved the within Complaint in Mortqaqe Foreclosure and Notice upon Robert & Dorothy Becker , the defendant, at 8: 45 o'clock A .M. EST / lfm'Z, on the 09 day of March , 19~t 626 Lynes Road. Dillsburg , Cunberland County, Pennsylvania, by handing to Dorothy Becker, defendant and wife of Robert P. Becker, accepted for both a true and attested copy of the Complaint in Mortqaqe Foreclosure and No~ice and at the same time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's CoStSI Docketing Service Affidavit Surcharge ?gz~~ 18.00 5.04 R. Thomas Kline, Sheriff 4.00 27.04 Pd. by Atty. 3-10-94 by .dl ~~ DePut~iff SWom and subscribed to before me this Ht:!:- day of '}J!4-U-'-' 19 9<( A.D. C), ,,'- a ~, n1d(,~ A. ('~1;r . I ' , Prothonotary . . CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF CO~ION PLEAS : CUHBERLAND COUNTY, PENNSYLVANIA plaintiff, : CIVIL ACTION - LAW vs. ROBERT P. BECKER and DOROTHY M. BECKER, his wife, NO.: 1061 Civil 1994 Defendants. IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the Defendants, ROBERT P. BECKER and DOROTHY M. BECKER, his wife, for failure to file an answer or any other pleading to the Plaintiff's Complaint wi thin twenty (20) days from service thereof, in rem, for foreclosure and sale of the mortgaged property and in personam in the amount of $40,697.75, and assess Plaintiff's damages as follows: principal through 2/28/94: Interest from 2/28/94 to 10/07/94: Late Charges: Attorney's collection fee: $36,674.09 $ 2,041.60 $ 149.06 $ 1,833.00 $40,697.75 TOTAL /Jpuu ,;{qt1J , 1994 DATED: R~~S-;- RSOUm Attorney for Plaintiff 1. D. No.: 09729 AND NOW, !~ ~ I (d1 ' 1994, Judgment is entered in favor of the P14irltiff and against ROBERT P. BECKER and DOROTHY M. BECKER, his wife, the Defendants, in rem for foreclosure and sale of the mortgaged property, and in personam in the amount of $40,697.75. \, _1 / PROtH ~rr ".....'"...,.,..",:.:,.,~ "r,:"-:::~ , , '" CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CU~IBERLAND COUNTY, PENNSYLVANIA . . Plaintiff, CIVIL ACTION - LAW vs. ROBERT P. BECKER and DOROTHY M. BECKER, his wife, NO.: 1061 Civil 1994 Defendants. IN MORTGAGE FORECLOSURE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF YORK ) Personally appeared before me, the undersigned officer, a Notary Public, Cheryl A. Wilday, who after being duly sworn according to law deposes and says that the attached Important Notices were sent to the above Defendants, ROBERT P. BECKER and DOROTHY M. BECKER, his wife, by regular mail and by certified mail, return receipt requested, on ~Iarch 30, 1994; that attached hereto are copies of said Notices mailed to the above Defendants together with the returned signed return receipt cards from said Defendants. The Notices sent by regular mail were not returned for any reason. 4+lMYL~ s~rn and sUbscribe~to b;fore --r/i day of f. ,r2/l<_ ~/ , l-;WM&t?>'1_ ,0 ~~,.el'L , NOTARY PU IC My Commission Expires. me this , 1994. Notarial Seal KaII1Ieen 0 Snydet, NoIaty NlIic FaMlwT"!,, 'mIl\Coonly MyConmssion E>pires June 9, 1996 ........- CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CU~IBERLAND COUNTY, PENNSYLVANIA . . . . Plaintiff , . . : CIVIL ACTION - LAW vs. . . ROBERT P. BECKER and DOROTHY M. BECKER, his wife, : NO.: 1061 Civil 1994 Defendants. : IN MORTGAGE FORECLOSURE TO: ROBERT P. BECKER 626 Lynes Road Dillsburg, PA 17019 DATE OF NOTICE: March 30, 1994 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOUING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Court Administrator's Office Fourth Floor 1 Court House Square Carlisle, Pennsylvania 17013 (717 240-6200 ~s~m Attorney for Plaintiff 100 Old York Road New Cumberland, PA 17070 (7171 774-3163 CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . . . Plaintiff, : CIVIL ACTION - LAW vs. . . ROBERT P. BECKER and DOROTHY M. BECKER, his wife, : NO.: 1061 Civil 1994 . . Defendants. : IN MORTGAGE FORECLOSURE TO: DOROTHY M. BECKER 626 Lynes Road Dillsburg, PA 17019 DATE OF NOTICE: March 30, 1994 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Court Administrator's Office Fourth Floor 1 Court House Square Carlisle, Pennsylvania 17013 (717 240-6200 ~Qum Attorney for Plaintiff 100 Old York Road New Cumberland, PA 17070 (717) 774-3163 P 82<J 732 2111 . SENDER: Complett Itlml 1 end 2 when Iddltlonll ,.,vle.. '" d'llred, Ind comple" I'aml 3 and 4. Put your addr... k1lhe "RETURN TO" Spiel on the rlVerH ,ld.. F.IIUt' to do Ihlt wlU prevent this ca,d flom being ftlurnlld to you. T r I II h , the dati of dellD.ri.. For ,d n on. HI 1 ..tV el, If' IVai' e. onlu poI.mll.e, or ... and c:h.c~ oo:diiffor .ddhkmll "IYIc,II) ,.qullt. , " 0 Show 10 whom dellv.red. dill, end .ddlll..... add"... 2, 0 Rlltrlctld Delivery (Ea.. dto",/ (Ex'.. dto"t/ 4, rtlel. Numb.. <7/ - - 7..3:J -.:26, TYP' o( S'lVleo: U Rlgl.tlred 0 Inlured g C.rtlfled 0 COD . o E.pr... Mill 0 RII m R,e.1 t " I AlwlYI obl.ln algn.tur. at .dd'..... 0' llIent and DATE DELIVERED. 8, Add........ Add.... (ONLY If 1rqu<J/td and lit ""hi/ RECEIPT FOFH:::::mSIED MAIL !to I"Su~Cf COVlRAQ: PAQVIOt:O "01 'OR 1''''{RHATlOHAL MAll /~oo RO'iDI 'J 3, Artlel. A r .Id to: ()~ nu ' {(I/;td Y. f.t~{, ;/~ h.A- , ~ /1&/1 I Cortllltod Fee Special OohvOfV Feo Re!.lnch.'d [)ollvety Foe O.t. Or 0.1IY1,., , i , '~ j \ I Return Receipt shoWIng 10 whom and 00110 Dot.vered j, HJ it i ,~ i; 1ft III) Relurn Rect..'1pl showing 10 whom, ~ Dale. .1nd Addle!.s 01 OtNlvery PI Form 3811. Apr.JI9891 ; ..:. ~~-:, ~ e " .. lOT Al PO!olago and Fees DOMESTIC RETURN RECEIPT _L~;"'_~_"""+"-;'. S 'J 'v:J ,-,,-< 01:1"1-' Iii Postma" '" 0.); t tJ. 1 J ~ !u.: iJsD ,a.~~" ~ .3/30 jtJ4. n~IGtJ(t.:t .--;.'~, .~,',...." UJ .- :,.l~_~. P 82<J 732 282 RECEIPT FOR CE~IFIED MAIL IWO INSURANCE COVE PAO\lIO(D NOl fOllIHTERHA .u. UAtl (See Rev (S8) ~'1i'--.~":"'-'~,+""',."""_-'''__ ~ . ~:~~~: Compl"1 11811:11,' :;'~\2~~h.n: '~dltlon.I, HrvICtl._~r~.,~',~,lrI~" Ind:.~pllt. ,It~m. Put your Idd"ll In the "RETURN TO", Space on the rever..lkle, F,nur. to do thll will prevent,thll CJIrd from btlng rotumld to you, I/I.t lO/III!l"MI fRWJII ._id. you tl10 D'm' of thol!lroon d.livo,1lI to ond the dill of d,U'lllY. For addlliOi'll f"1 the .onawlng ..rYlee. Ire IVIlIable, COnlult poalm...e, for fe.. InaCFieck 6O.liiJ1or Idditkmalll1VJcef.l requelled, ' '," ,",' ", _ ,. D Show to whom dallv.red, dl", and-.ddr....... .ddr.... 2~ [J Rlllrlclld D.llv.ry (Ea.. thatr,/ . (Ex,.. thatrt/ 3, Artlel. AdB" Id to: /J 4 lei. Numb.. m/;O. m. -DLd:vJ -, '.;11- ~ - ~1G. / ~/ ~.h?J,..J r q, J (*BP'o;:I1~~.~leo: Oln.urld U 1.1 ~ '7 '-/ 'tfh.,,-- Cortlfled.O COD ~ -{:}, 't}ja bp"..M.1I 0 RIl'l,.mRocol I I 'h ~( Alw.y. oblaln Iignl1uro ~.. .d;':... ~_. or .gln1.nd DATE DeliVERED, 8, Add......'. Add".. (ONLY If Irqotlltd and '" poJdj Ceflll.ed Foe Special Delrverv F(tO Resthcted Oe~ve'y Fee 6, Signature - Addrllll8 X 6, ~I)j''' JA n~ L X~ e 1- 7, O.to of O.lIy.,., Rcturn R<<Plpt ~'ng 10 whom and Dale Dctlvefed .~ 1ft = Return Rete-pI 5hO'it'Ing to ~hom, .... Dale. and Address ot ~,verv " c: " .. TOT Al Postagc and Ft'Os S.., 'J{/ I.?\ .0'\ I g Po~tm.l'k ~J ~.1~~ ~J I: ) ~ iU. f.J5b iJ!,. f..)tC. '(.~ _ ~ ::; /ilJ.dd..Jflat -3/?V/Q'1 0. PI Fo,m 3811. Ap,. 1989 .u.':Q.~O.1""""11 DOMESTIC RETURN RECEIPT i ~ 6; ~~ . ~;;..t :c UJ.....c.x a- U%U""l o ~~c,;-. U'l ~.... .'_ ~~ ';'.':t..~ U' - ~"~:::.~~ I Jl..l,..., . ~= ~ no ~ I-~ "" "'u ... <> .... 1: \ '\t- '" ~ i <...J of oJ ~t ' , Q ~-< ~ - r-- ;f4:;!r:--: .~-.;-""" ~" -:;. ....u. 1 ( ( ,.... LJ \..J~ Otr 'ir ...... Ii ~ + "-\0 "'-I ~{ ,~\ - ."... ---' ~-...... ~I (:) t ( ~~ .",..- .' " CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger VHARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CUNBERLAND COUNTY, PENNSYLVANIA . . Plaintiff, CIVIL ACTION - LAW vs. v l/ ROBERT P. BECKER and DOROTHY M. BECKER, his wife, . . NO.: 1061 Civil 1994 . . Defendants. IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) Pa.R.C.P. 3101 to 3149 To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania: (2) against ROBERT P. BECKER and DOROTHY M. BECKER, his wife, Defendants: (3) and index this Writ against ROBERT P. BECKER and DOROTHY M. BECKER, his wife, Defendants, as a lis pendens against the real property of the Defendants as follows: ALL that certain tract of land, together with the improvements thereon erected, situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, being known as 626 Lynes Road, Dillsburg, Pennsylvania, 17019, and more specifically set forth in Exhibit "A" attached hereto and made a part hereof by reference. (4) Amount due: !/piL ~qtiJ $40,697.75, plus costs. DATED: , 1994 ~;ESQUIRE Attorney for Plaintiff 1. D. No.: 09729 ~-,,.~-~.. .', .._"-~- , LEGAL DESCRIPTION ALL that certain tract of land, together with the improvements thereon erected, situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stone in the Carlisle Roadi thence by land now or formerly of the heirs of John Williams south 38 degrees 55 minutes west, 47.7 perches to a stone in the mountaini thence south 38 degrees east, 26.9 perches to a stonei thence by land. formerly a part of this same tract (now or formerly of Eli Arnold) north 42- 1/2 degrees east, 44.2 perches to a stonei thence north 32 degrees 10 minutes east, 16.0 perches to the Carlisle Roadi thence along said road by land now or formerly of George W. Slothower north 65 degrees 50 minutes west, 22.7 perches to the place of beginning. CONTAINING 8 acres and 59 perches. HAVING thereon erected a two and one-half story frame dwelling and a two-car frame garage building known and numbered as 626 Lynes Road. BEING the same property which Earl E. Becker, Sr., widower, and Robert P. Becker and Dorothy H. Becker, his wife, granted and conveyed to Robert P. Becker and Dorothy H. Becker, his wife, by Deed, dated February 3, 1975 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 26-C, Page 680.": ....... UNDER AND SUBJECT to Acts of Assembly, County and Township Ordinances, rights of Public Utility and Public Service Companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. Parcel No. 22-12-350-53 EXHIBIT -A- = 0.- N .,. >- ");:l "', ~ '" ~:: ~ '" "'"'. "C "'" ~:r. IC'\........ . ~~~~ ~~ \J' ~ ~' '(S I... XO~. 'J O~'-r.,J . ~:\ ~-~ ~.. t~;..C '._Jl:.;~ .t ~.I..~ i,.r;. -.....:.. at - en '" "" .... - -' ;u .~ ~ ~ -a' . t'\) I"S- , ~j ~~ --.. ,~ CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CmlBERLAND COUNTY, PENNSYLVANIA . . Plaintiff, : CIVIL ACTION - LAW vs. . . ROBERT P. BECKER and DOROTHY M. BECKER, his wife, NO.: 1061 Civil 1994 Defendants. IN MORTGAGE FORECLOSURE AFFIDAVIT OF MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF YORK ) .PURSUANT TO Pa.R.C.P. No. 3129.1, the Plaintiff, HARRIS ;,., SAVINGS BANK, by its Attorney, Robert E. Myers, Esquire, makes this Affidii-"it that the last known address of the Defendants is as ::.~ follows: 626 Lynes Road, Dillsburg, Pennsylvania, 17019. ~- F.qrther deponent saith that the said address is believed to be the last known address of the owners or reputed owners of the said property levied upon in the within captioned matter. Further deponent saith not. R~'SQUlRE and subscr daYJ~ NOTARY PUB My Commission Ex ires: NotItIaI Seal Cheryl A. yt!Iday, NotarY PublIc FlIlMew~, YOlk COUllly My CommIIaIon e;p/ral Mlrd1 , 4, 1198 to before me this , 1994. IC .5/I'I/qt :z: a- N In 1C~ ~'" LUt."J::)..f ~Zc..,Z .....0(.)..( ~..xn:''' 7~.;'.r.~ ~ >. ~.~~ ~4 .1'4~:~ :" wI.';': __ ._,;,:JLU ;':Xa.. ~::> 0" -~ "2 ". . "::I" en - ~ ... .... - CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CmSBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW vs. ROBERT P. BECKER and DOROTHY M. BECKER, his wife, NO.: 1061 Civil 1994 . . Defendants. IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PA.R.C.P. NO. 3129.1 HARRIS SAVINGS BANK, the Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 626 Lynes Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania, 17019, more particularly set forth on Exhibit "A" attached hereto and made a part hereof by reference. 1. Names and addresses of Owners or Reputed Owners: ROBERT P. BECKER 626 Lynes Road Dillsburg, PA 17019 DOROTHY M. BECKER 626 Lynes Road Dillsburg, PA 17019 2. Name and address of Defendants in the Judgment: ROBERT P. BECKER 626 Lynes Road Dillsburg, PA 17019 DOROTHY M. BECKER 626 Lynes Road Dillsburg, PA 17019 , 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Richard H. Wix c/o Girard E. Rickards, Esquire 200 Prince Street Harrisburg, PA 17109-3099 Pennsylvania Tax Claim Bureau Cumberland County Court House Carlisle, PA 17013 Judgment Entered: 5/28/92 1948 civil 1992 $675.00 Tax Claim 1991, 1992 and 1993 Taxes Owed $6,853.74 4. Name and address of the last recorded holder of every mortgage of record: Carlisle Building and Loan Association, now Harris Savings Bank Second and Pine Streets Harrisburg, PA 17101 Teamsters Local 1025 North Duke Lancaster, PA No. 771, Street 17602 FCC Mtg. Dated: 3/23/78 Mtg. Recorded: 3/23/78 Mtg. Book 638, Page 557 $50,000.00 Cumberland County Mtg. Dated: 8/23/89 Mtg. Recorded: 8/30/89 Mtg. Book 950, Page 931 $37,973.60 Cumberland County 5. Name and address of every other person who has any record lien on their property: None. 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the None. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. , t,.,",'~'''''':::':-~'"'' ",., ~':'-"-"'" I verify that the statements made 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.A. Section 4904 relating to unsworn falsification to authorities. DATED: ~ ;;1/It/J , 1994 rf?e~ ROBERT . ~QUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land, together with the improvements thereon erected, situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stone in the Carlisle Road; thence by land now or formerly of the heirs of John Williams south 38 degrees 55 minutes west, 47.7 perches to a stone in the mountain; thence south 38 degrees east, 26.9 perches to a stone; thence by land. formerly a part of this same tract (now or formerly of Eli Arnold) north 42- 1/2 degrees east, 44.2 perches to a stone; thence north 32 degrees 10 minutes east, 16.0 perches to the Carlisle Road; thence along said road by land now or formerly of George W. Slothower north 65 degrees 50 minutes west, 22.7 perches to the place of beginning. CONTAINING 8 acres and 59 perches. HAVING thereon erected a two and one-half story frame dwelling and a two-car frame garage building known and numbered as 626 Lynes Road. BEING the same property which Earl E. Becker, Sr., widower, and Robert P. Becker and Dorothy H. Becker, his wife, granted and conveyed to Robert P. Becker and Dorothy H. Becker, his wife, by Deed'dated February 3, 1975 and recorded in the Office of the Reco~der of Deeds for Cumberland County in Deed Book 26-C, Page 680. UNDB~ AND SUBJECT to Acts of Assembly, County and Township Ord1nances, rights of Public Utility and Public Service Companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. Parcel No. 22-12-350-53 EXHIBIT -A- ~ O'J - ;e '" 111 ~>- ~,. ,- .-. W(""lo=-t-:! ~~-c.", ~ou~ ,&.:.co:;' n~:::-' . ".<'t"" k,J ~,.. . (', ;Z ._,.....;1: ~ ':. ,.IJ I ~ .:t. Q.. ..:-: .;,..... - 0-. ...... a: .... '""" .. CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA plaintiff, : CIVIL ACTION - LAW vs. ROBERT P. BECKER and DOROTHY M. BECKER, his wife, NO.: 1061 civil 1994 . . Defendants. : IN MORTGAGE FORECLOSURE NOTICE OP SHERIPP'S SALE OP REAL ESTATE UNDER PA.R.C.P. NO. 3129 TO: ROBERT P. BECKER and DOROTHY M. BECKER, his wife, the above Defendants: TAKE NOTICE TO THE POLLOWING: 1. The premises which are subject to be sold at the Sheriff's Sale in the above-captioned action is 626 Lynes Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania, 17019. A complete description is in Exhibit "A" which is attached hereto and made a part hereof. 2. The improvements situate on the premises consist of a two and one-half story frame dwelling with vinyl and mountain stone siding and an attached two-car frame garage building. 3. The Judgment of the Court on which this sale is being held is entered. to No. 1061 Civil 1994. 4. The names of the owners are: Robert P. Becker whose last known address is 626 Lynes Road, Dillsburg, Cumberland County, Pennsylvania, 17019; and Dorothy M. Becker whose last known address is 626 Lynes Road, Dillsburg, Cumberland County, Pennsylvania, 17019. 5. The time and place of the Sheriff's Sale is 10:00 a.m., prevailing local time, on the 7th day of September, 1994, in the Commissioner's Hearing Room, Second Floor, new Court House, corner of Hanover and High Streets, Carlisle, Pennsylvania, 17013. ~ 6. If you have any questions concerning this Notice, you should contact an attorney. If you cannot afford an attorney, you should contact: Lawyer Referral Service Cumberland County Bar Association Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 249-1133 7. A Schedule of Distribution being a list of the persons, governmental, corporate entities or agencies being entitled to receive part of the proceeds of sale executed to be disbursed by the Sheriff will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriff's Sale, and that distribution will be wi thin ten (10) days thereafter. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House, Carlisle, Pennsylvania, 17013, (717) 249-1133. 8. In certain situations where the property is worth less than the judgment and costs, Harris Savings Bank can obtain a deficiency judgment upon which execution could again issue against other property of the above Defendants. 9. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Lawyer Referral Service Cumberland County Bar Association Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 10. THE LEGAL RIGHTS YOU MAY \lAVE ARE: A. You may file a petition with the Court of Common Pleas of Cumberland 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 to Strike said judgment with the same Court if you are aware of a legal defect in the obligation or procedure used against you. You may also file a Petition to Stay or Delay the Execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable rights. B. After the Sheriff's Sale, you may file a Petition with the Court of Common Pleas of Cumberland 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. C. A Petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business Court sessions. The Petition should be served on the attorney for the creditor at least two (2) business days before presentation to the Court, and a proposed Order or Rule must be attached to the Petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Court House Square, Fourth Floor, Carlisle, Pennsylvania, 17013, before presentation of the Petition to the Court. D. You have certain legal Sale which mayor may not apply. flpU6 d,qJ; , 1994 exemptions from the Sheriff's DATED: ({~ 'ROBERT E. ~ ESQUIRE Attorney for plaintiff nd SUbscrib~efore day of me this , 1994. NOTARY PUB My Commission Expires: ~-/1-q! NoWIaI SHI Cheryl A. ~, Nolary PublIc FIivlIW~.. York County My CommiIaIOn EXpIres March 14, 1998 LEGAL DESCRIPTION . ., .. ALL that certain tract of land, together with the improvements thereon erected, situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stone in the Carlisle Road; thence by land now or formerly of the heirs of John Williams south 38 degrees 55 minutes west, 47.7 perches to a stone in the mountain; thence south 38 degrees east, 26.9 perches to a stone; thence by land, formerly a part of this same tract (now or formerly of Eli Arnold) north 42- 1/2 degrees east, 44.2 perches to a stone; thence north 32 degrees 10 minutes east, 16.0 perches to the Carlisle Road; thence along said road by land now or formerly of George W. Slothower north 65 degrees 50 minutes west, 22.7 perches to the place of beginning. CONTAINING 8 acres and 59 perches. HAVING thereon erected a two and one-half story frame dwelling and a two-car frame garage building known and numbered as 626 Lynes Road. BEING the same property which Earl E. Becker, Sr., widower, and Robert P. Becker and Dorothy H. Becker, his wife, granted and conveyed to Robert P. Becker and Dorothy H. Becker, his wife, by Deed dated February 3, 1975 and recorded in the Office of the Reco~der of Deeds for Cumberland County in Deed Book 26-C, Page 680. . UNDER AND SUBJECT to Acts of Assembly, County and Township Ordi~ances, rights of Public Utility and Public Service Companies, exis~ing restrictions and easements, visible or of record, to the ext;.ent that any persons or entities have acquired legal rights thereto. Parcel No. 22-12-350-53 EXHIBIT -A- ~ ... .... c:s ~e ~'..e..t w.":)B;; Q%u.-& tZ,o f:"I;" ~... ;:; 7:::: 9c...(U) I,-:,.,J_ ,:'::~~ ~::> 04<-4.> '':> ;j!; - ::e: e- N! \l1' - ~,~,~':.~{~\.>.~\~.,.~ ;*"Z,'frI"'~. CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . Plaintiff, CIVIL ACTION - LAW vs. ROBERT P. BECKER and DOROTHY M. BECKER, his wife, NO.: 1061 Civil 1994 Defendants. IN MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE BEFORE ME, a Notary Public, personally appeared ROBERT E. MYERS, Attorney for Harris Savings Bank, the Plaintiff in the above-entitled case, who being duly sworn or affirmed according to law deposes and says that the Defendants or Respondents above- named are not in the military service of the United States of America: that he has personal knowledge that the said Defendants or Respondents are now living at 626 Lynes Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania, 17019, and were last known ~mployed at or by as follows: . ~ ~) -Robert P. Becker: Yellow Freight System, Inc. 470 Terminal Road Camp Hill, PA 17011 Dorothy M. Becker: Unknown ~MYE.S' ESQUIRE me this , 1994. NOTARY PUBL My Commission Expires: NoIIttal Se8J ~'~Y'Y~ My CommluIon EXjiI.. "'Irth 14, 1918 .. - pl- q1 -:r en - = o_ N It'I en ...... "" ~ <t < '. >- .. "'- ~~e ld~... -\~. uz'';''''- ,-oc:. ;-::;.,c.,:., - '~,:~;~.; 'J .. . , ~~~; :C" 0<.... ,~,~"..~:~:;..'"",' CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : CU~IBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW vs. ROBERT P. BECKER and DOROTHY M. BECKER, his wife, NO.: 1061 Civil 1994 . . Defendants. IN MORTGAGE FORECLOSURE AFFIDAVIT OF NOTICE TO LIEN HOLDERS COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF YORK Personally appeared before me, the undersigned off icer, a Notary public, Cheryl A. Wilday, who after being duly sworn according to law deposes and says that on May 12th , 1994 she caused the within Notice to Lien Holders to be mailed by U.S. regular mail, first class, postage prepaid, by properly addressed envelope, certificate of mailing being attached hereto, and no envelope having been returned, as follows to the following lienholders: Teamsters Local 1025 North Duke Lancaster, PA No. 771, Street 17602 FCC Richard H. wix c/o Girard E. Rickards, Esquire 200 Prince Street Harrisburg, PA 17109-3099 Pennsylvanta Tax Claim Bureau Cumberland County Court House Carlisle, PA 17013 A copy of the said Notice to enhold~ ~ached ERYL A. WILDAY hereto. Subscribed and th');undersigne :2 day of sworn to before me, otary Public, this t~ , 1994. _SoaI Ka1hIeen 0 Snyder, NoIary PtbIc FaiNiewl ,YOf1<CounIy My Comrrossit<11'xJ: Juno 9, 1996 , CIVIL ACTION - LAW CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS . : CUMBERLAND COUNTY, PENNSYLVANIA . . : Plaintiff, vs. ROBERT P. BECKER and DOROTHY M. BECKER, his wife, Defendants. NO.: 1061 Civil 1994 IN MORTGAGE FORECLOSURE NOTICE TO LIEN HOLDERS PURSUANT TO PA.R.C.P. NO. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment, secured transaction or tax liens against the real estate of ROBERT P. BECKER and DOROTHY M. BECKER, his wife. LIEN HOLDERS AND ADDRESSES: Carlisle Building and Loan Association, now Harris Savings Bank Second and pine Streets Harrisburg, PA 17101 Teamsters Local 1025 North Duke Lancaster, PA No. 771, Street 17602 FCC Richard H. Wix c/o Girard E. Rickards, Esquire 200 Prince Street Harrisburg, PA 17109-3099 Pennsylvania Tax Claim Bureau Cumberland County Court House Carlisle, PA 17013 Mtg. Dated: 3/23/78 Mtg. Recorded: 3/23/78 Mtg. Book 638, Page 557 $50,000.00 Cumberland County Mtg. Dated: 8/23/89 Mtg. Recorded: 8/30/89 Mtg. Book 950, Page 931 $37,973.60 Cumberland County Judgment Entered: 5/28/92 1948 Civil 1992 $675.00 Tax Claim 1991, 1992 and 1993 Taxes Owed $6,853.74 F:{.;~~S~~~ You are hereby notified that on Wednesday, September 7, 1994, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Harris Savings Bank vs. Robert P. Becker and Dorothy M. Becker, his wife, No. 1061 Civil 1994, the Sheriff of Cumberland County, Pennsylvania, will expose at Public Sale in the Commissioner's Hearing Room, Second Floor, new Court House, Corner of Hanover and High Streets, City of Carlisle, County of Cumberland, Pennsylvania, real estate of Robert P. Becker and Dorothy M. Becker, his wife, known and numbered as 626 Lynes Road, Dillsburg, Pennsylvania, 17019. A description of said real estate is hereto attached. You are further notified that a Schedule o~ Proposed Distribution will be filed by the Sheriff of Cumberland County on or about October 7, 1994, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff's Sale. DATED: ()pU6~dJ ,1994 ~~, Attorney for Plaintiff 100 York Road New Cumberland, PA 17070 (717) 774-3163 -'......~,.,',.-...":..",~""'" LEGAL DBSCRIP'rION ALL that certain tract of land, together with the improvements thereon erected, situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stone in the Carlisle Road, thence by land now or formerly of the heirs of John Williams south 38 degrees 55 minutes west, 47.7 perches to a stone in the mountain, thence south 38 degrees east, 26.9 perches to a stone, thence by'lan~,formerly a part of this same tract (now or formerly of Eli Arnold) north 42- 1/2 degrees east, 44.2 perches to a stone, thence north 32 degrees 10 minutes east, 16.0 perches to the Carlisle Road, thence along' said road by land now or formerly of George W. Slothower north 65 degrees 50 minutes west, 22.7 perches to the place of beginning. CONTAINING 8 acres and 59 perches. HAVING thereon erected a two and one-half story frame dwelling and a two-car frame garage building known and numbered as 626 Lynes Road. BEING the same property which Earl E. Becker, Sr., widower, and Robert P. Becker and Dorothy H. Becker, his wife, granted and conveyed to Robert P. Becker and Dorothy H. Becker, his wife, by Deed dated February 3, 1975 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 26-C, Page 680. ' UNDER AND SUBJECT to Acts of Assembly, County and Township O~dinances, rights of Public Utility and Public Service Companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. " Parcel No. 22-12-350-53 EXHIBIT -A- " . . : T ,E F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R.t.ind from: R b t E M o er . yen Attorney at law 100 .l",l. Road Haw Cu.btr1and, 'A 17070 10,............._1......_.... "I~ n".! .-. 'r. (,' ... " ~. :~ ; ..: ~ . OM IM.e. 01 ordinlfV m.il .ddf....d 10: , I,f !) I I: .-. .1:1, l.J. ,'n1 f.~,'''''''. . ~1 f:_' .l"'.'< -. .-,' " '-~~' ' " i'r '" l Teamsters Local No. 771, 1025 North Duke Street FCC I:' ~,~tR :':c::J '-''''.n \CJ , Lancaster. PA 17602 PS Form 3817, Mar, 1989 .U.I, QPO:IM1.sU.aouI.41O p MAY BE USED FOR DOMESTIC AND INTERN" naHAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R".,..tI From; Robart E. MJlfl'$ Attorney et law 100 York lIaad Naw CUllbtr1and, 'A 170711 .> .~, " "', ll~ \ OM pi.e. 01 ordin.ry m.il .ddt....d to: ~~E:R i~c:J , ., '. E' ;.j ,.~:.. fl- :I!t" E:.~;'~;~,J Richard H. Wix c/o Girard E. RickardS. Esquire 200 Pr;nrP ~trPPt Harrisburg, PA 17109-3099 '~.LT1 :_;c::J '0 €. , ., f ~ ,.. PS Form 3817. Mar. 1989 'U,S.Q,P.O.: 1_.:aa_~7 , P TA S.RV' . CER I CATE F A L N MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R.c.iv.d From: Rob&rt E. Myel'. Attorney at La" lea ~. k Road New CUllbtr1and. PA 170711 ::; ;tl~~ ."~ i~. .... '. \ i"i , One pi.c. 01 ofdmllY m.il .ddf....d to: e t~ -f;Il l~c:::J ~Ln ,!,CJ , .. I r~ . 1 ( c:: '.~ t5--:,-';?,;" ~:'~7;J?;:;~ 'u t .., ,. €i ;., ..;. h , pennsylvania Tax Claim BureaU Cu/1'I)erland County Court House Carlisle. PA 17013 PS Form 3817, Mar, 1999 .u.s. ClPO:1Hl..J124OS1114JO ) ) ) I ":7" 0"> ...... - "'... :c ..", n.. ,ltb~='. '" ~ "" ..-w.- : .'") ;~ U.I'..J;;: '" ...,.~.;oW ;..::cc... - ...=> ~ 0<> I l ) } 1 ) l , .. CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW vs. NO.: 1061 civil 1994 ROBERT P. BECKER and DOROTHY H. BECKER, his wife, Defendants, IN MORTGAGE FORECLOSURE ORDER TO VACATE JUDGMENT UPON REINSTATEMENT OF MORTGAGE LOAN AND NOW, this G. tt, day of -1Lp r : l . 1995, upon the consideration of the petition of Carlisle Building and Loan Association by merger Harris Savings Association and now by change of name Harris Savings Bank, it is hereby ORDERED AND DECREED that the Prothonotary mark the Judgment previously entered in the within proceeding and above captioned matter: "Vacated without prejudice to the continuing validity and lien priority of a mortgage recorded in the Cumberland County Recorder's Office in Mortgage Book 638 , Page 557 , held by Carlisle Building & Loan Association, by merger Harris Savings Association now by change of name Harris Savings Bank, which was the subject matter of this action and without prejudice to the institution by said Harris Savings Bank of a new proceeding under the mortgage loan documents upon a default occurring subsequent to such reinstatement." ..,., ~ ~ ::c ~ U'J o C"') 'Ok .~. .' BY THE COURT: = .,. n.. 00:: ~I ~ . .1 I ~ ~~ ~ '" ~ ... h'~ "" C't: ~ - i ~ '" t&J ~ Q < '" ~ . .... > ..J~:" ~ ~~ ~ I-oci :: ~ .~::r:::x ~ LIl >- '" :s .; ~~ ~~ ",,,, J:: ~I ~ tl t ~~~ ;::- . .... LIl ~8::' C II ~ \0 ~ <-~ . Cl U ~~ .... >: .. 1= .. ~ . 2 ,. , . . . '. I,{OIlEwr E, I\1YEIlS AnORSI:Y AT I.^,V ImYORKRO.\1> SEW CU~lIIERI_'SI>,I'.\ rlllll! .' ... APi-( - ~ 14, "'-vJ / ' CARLISLE BUILDING AND LOAN ASSOCIATION, now by Merger HARRIS SAVINGS BANK, plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. ROBERT P. BECKER and DOROTHY H. BECKER, his wife, NO. 1061 Civil 1994 Defendants, IN MORTGAGE FORECLOSURE THE PETITION OF CARLISLE BUILDING AND LOAN ASSOCIATION BY MERGER HARRIS SAVINGS ASSOCIATION. NOW HARRIS SAVINGS BANK TO VACATE JUDGMENT ENTERED IN THE ABOVE-CAPTIONED MATTER UPON REINSTATEMENT OF RESIDENTIAL MORTGAGE MADE CURRENT UNDER PROVISIONS OF ACT 6 OF 554 (41 P.S. SECTION (404\ 1. Your Petitioner is CARLISLE BUILDING AND LOAN ASSOCIATION by merger, HARRIS SAVINGS ASSOCIATION, now by change of name HARRIS SAVINGS BANK, a Pennsylvania corporation, having its principal place of business at Second and pine Streets, Harrisburg, Pennsylvania, 17101. 2. The above Defendants reside at 626 Lynes Road, Dillsburg, pa, 17019. 3. Your Petitioner entered Judgment in the above-captioned matter on April 29, 1994, in the amount of $40,697.75. 4. Subsequent to the entry of said judgment but prior to Sheriff I s Sale, the said Defendants paid to the said Plaintiff sufficient funds to make the mortgage current and the mortgage is current at the time hereof. 5. By the said Defendants curing the default which resulted in the commencement of the above-captioned action and the said Judgment, Plaintiff has agreed to reinstate the said mortgage loan , and not proceed with foreclosure because of the default set forth in the Complaint filed in the above-captioned matter. 6. The Plaintiff believes and therefore avers that it is for the best interests of the Plaintiff and Defendant<.; to have the mortgage reinstated rather than proceed with mortgage foreclosure and to vacate the said Judgment described above without prejudice to the continuing validity and lien priority of the mortgage and without prejudice to Plaintiff's instituting a separate proceeding against the Defendants as a result of any default occurring subsequent to the said reinstatement of the said mortgage loan. 7. The above-captioned Defendants, ROBERT P. BECKER AND DOROTHY H. BECKER, his wife, being the sole record owners, join in this Petition as set forth on Exhibit "A" attached hereto and made part hereof by reference. 8, The Defendants have exercised the right to reinstate the said mortgage loan under Section 404 of Act No. 6 of 554 (41 P.S. Section 404) by curing the default which resulted in the commencement of the above-captioned action. 9. This Petition is to effectuate the purpose of the above Act No. 6 of 554. WHEREFORE, your petitioner prays your Honorable Court for an Order authorizing and directing that the Prothonotary of Cumberland County to mark the Judgment in the amount of $40,697.75, entered in the within proceedings, be vacated without prejudice to the continuing validity and lien priority of the mortgage held by Carlisle Building and Loan Association, now by merger Harris Savings Bank, which was the subject matter of this action and without prejudice to the institution by Harris Savings Bank of a new proceeding under the mortgage loan documents upon a default occurring subsequent to such reinstatement. DATED: lJorrh 13 , 1995 SAVINGS U BY: president BY: AT~ lUQ, 0 ~, Secretary COMMONWEALTH OF PENNSYLVANIA COUNTY OF fuUQ.tWn ) ) ) SS: On this, the -1,3th day of March , 1995 before me, the undersigned officer, personally appeared ~JI} uJ1&r~ , who acknowledged himself/RQFSelf to be the V't~~ President of HARRIS SAVINGS BANK, a corporation, and that hefefte as such V,r, " president, being authorized to do so, executed the foregoing Instrument for the purpose therein contained by signing the name of the Corporation by himself/Rerself as JA~~ President. ;48id7~ NARY PUBLIC My Commission Expires: Notanal Se.' LIsa Po. Marsh, Notary Pub1lc Ham.burg, DE..~~~~nJe~u;~ 199B My commission ...-' ,,-'-.........~dNo\8l18ll 1o\e41'Il8I'.......,..-- ., . CARLISLE BUILDING AND LOAN ASSOCIATION, now bv Merqer HARRIS SAVINGS ~. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO.: 1061 Civil 1990 ROBERT P. BECKER and DOROTHY H. BECKER, his wife, Defendants, IN MORTGAGE FORECLOSURE JOINDER OF DEFENDANTS WE, ROBERT P. BECKER and DOROTHY H. BECKER, his wife, being the sole present owners of the mortgaged premises and the Defendants in the foregoing above-captioned matter, do hereby certify that each of us have read the foregoing Petition to Vacate Judgment entered in the foregoing mortgage foreclosure proceedings and that each of us fully understand the contents and purpose of said Petition and that we jointly and severally do hereby join in and consent to the said Petition and the prayer thereof, hereby stipulating to the prayer thereof and we jointly and severally do hereby waive any and all notices of any order of any hearing or hearings that may be set or fixed on the foregoing Petition and we ask that the Court make the requested Order to Vacate the said Judgment without a prior hearing. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of March, 1995. W~~~~~ l' i ~.q~A SEAL) EXHIBIT "A" ~ ~ ~ i ~JJ -,r1 ~~ s: ~I a . .1 I J!I S ~~ ~ ~ t '" !:: CJ\ Cl:". ..... ta: ~ o..e ~ . i ~ i~ ~ )0 .::1<,,: ~ I ::;; ... 00 '" ~~ l10 B .<::a::z ;:; .; ~~ tJ >"':5 !:: ",,,, ~I ~~ ;>:offi - ..... >", !:: \D 8:;. I:;. I; . 0 -0 ~ ..... . ~ It ~~ ;>: .. != .. E '- . . 2 B ... .. '. " . . .. ROJlERT E, MYERS , A'nOR)iEV ATL^w 1111 VORl' ROAI) ~EW Ct:\tIIEH.I.A~(). P'\ 170111 APR - I, Ib::,5 ) , :t"li!, CARLISLE BUILDING AND LOAN ASSOCIATION, now by Merger HARRIS SAVINGS BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . CIVIL ACTION - LAW vs. NO. 1061 Civil 1994 . . ROBERT P. BECKER and DOROTHY H.BECKER, his wife, Defendants, IN MORTGAGE FORECLOSURE PRAECIPE TO VACATE JUDGMENT UPON REINSTATEMENT OF MORTGAGE LOAN Plaintiff, CARLISLE BUILDING AND LOAN ASSOCIATION, by merger HARRIS SAVINGS ASSOCIATION, now by change of name HARRIS SAVINGS BANK, obtained a judgment in mortgage foreclosure against Defendants, ROBERT P. BECKER and DOROTHY H. BECKER, on a residential mortgage for $40,697.75 on April 29, 1994. Subsequent to the entry of such judgment but prior to Sheriff I s sale, the Defendants exercised their rights to reinstate their mortgage loan under Section 404 of Act No. 6 of 554 (41 P.S. Section 404) by curing the default which resulted in the commencement of this action and the judgment herein. Plaintiff has reinstated the loan and to effectuate the purposes of Act No. 6 of 554, Plaintiff directs the Prothonotary to vacate the judgment described above in accordance with the attached order of court, without prejudice to the continuing validity and lien priority of the mortgage and without prejudice to Plaintiff's instituting a separate proceeding against Defendants as a result of any default occurring subsequent to reinstatement of the mortgage 1000(& R~~Y"" Attorney for Plaintiff Dated: April I 1995 U"O :;:~ \is ~ en - ~ ~ ::~ .. ~~ en ~~ ;:';j~, .... zr -, - . . 0") 'y ~ ~ ,{i~ "'" ~ ~ "., '", ~ '" ,-,' - '0 -,