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HomeMy WebLinkAbout94-01623 :", ~. l -, ~~~.~~. . '. .. , MERIDIAN BANK, Successor in interest to Hill Financial, S. A., No. 14- /fp)3 PBHHSYLVAHIA (Pt' -cH- L ..:::JlA-->>"J IN ~BB COUR~ or COMMOH PLBAS or CUMBBRLAND COUR~Y, Plaintiff VS. JOHN R. STARRY, Defendant CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator 4th Floorr Cumberland County Courthouse One Courthouae Square Carlisle, PA 17013 Telephone: (717) 240-6200 " '.. . . , . . IH THB COURT OF COJIMOH PLEAS OF CUMBBRLAHD COtJH'.rY, PBHHSYLVAHIA MERIDIAN BANK, Successor in No. interest to Hill Financial, S. A., Plaintiff vs. JOHN R. STARRY, . CIVIL ACTION - LAW Defendant : COMPLAINT 1. Plaintiff is Meridian Bankr a Pennsylvania banking corporation with its principal office at 35 North Sixth Street, Reading, pennsylvaniar successor to Hill Financial Savings Association, predecessor in interest successor by merger to Cumberland Valley Savings and Loan Association. Hill Financial Savings Association was placed in receivership by order of the Office of Thrift Supervision dated October 12, 1989. The aforesaid order appointed the Resolution Trust Corporation as Receiver. Pursuant to authority granted under the Financial Institution Resourcer Recovery and Enforcement Actr the Receiver, by agreement dated October 13, 1989, transferred certain assets, obligations and liabilities of Hill Financial Savings Association to Meridian Bank, includingr without limitationr the Mortgage and Note described herein. 2. The Defendant, John R. Starry is an adult individual residing at 283 North Locust Point Road, Mechanicsburg, PA 17055. 3. On or about April 3, 1978r the Defendant executed and delivered to Cumberland Valley Savings and Loan Associationr a Note in the original principal amount of $19rOOO.OO (the "Noten). A " , .' . , . . true and correct copy of the Note is attached to and incorporated by reference in this Complaint as Exhibit "A". 4. The Note is secured by that certain Mortgage executed and delivered by the Defendant to Cumberland Valley Savings and Loan Association dated April 3, 1978 filed on April 3r 1978 at Volume 639, page 149 et sea., Cumberland County Records (the "Mortgage'" which Mortgage is incorporated herein by reference and any judgment in this action shall relate back in priority to the date of the lien of the Mortgage. S. Cumberland Valley Savings and Loan Association merged into Bill Financial Association. The Note and Mortgage were transferred to the Plaintiff as set forth in paragraph 1 hereof. The Plaintiff has not assigned the Note and Mortgage and is the holder thereof. 6. The Defendant defaulted with regard to the Note and related documents in that the Defendant failed to pay when due the monthly installments from May 15, 1991 to date. 7. Pursuant to the Homeowners Emergency Mortgage Assistance Act 91 of 1983, written notice of counaeling was given to the Defendant. A copy of the aforesaid notice of counseling is attached hereto, marked Exhibit nB" and incorporated herein by reference. Plaintiff avers that the Defendant failed to meet the time limitations for the opportunities set forth in such Act 91 or did not qualify for such assistance. 8. Pursuant to Act of January 30, 1974 P.L. No. 6 (41 P.S. 3 " . .' . , . . 101 et seq.), written notice of intention to foreclose was given to the Defendant by certified mail. A copy of the aforesaid notice of intention to foreclose is attached heretor marked Exhibit "e" and incorporated herein by reference. 9. The Defendant is liable to the Plaintiff under the Note and related loan documents as followsl (a) (b) Unpaid principal Interest at the rate of 8.75' per annum to 3/21/94 ($2.50 per diem) 2,600.00 $ 10,295.07 (c) Late charges at the rate of 4' per delinquent monthly payment as provided in the Note 127.74 (d) Attorney's commission at the rate of five (5') on the unpaid principal balancer said rate representing reasonable attorney's fees under Pennsylvania law and authorized by the Note 514.75 $ 13,537.56 TOTAL: Plus interest at the contract rate of 8.75' per annum ($2.50 per diem) from March 2lr 1994 forwardr costs of this suit and any additional escrow costs advanced for taxes and insurance by Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant, John R. Starry in the amount of $13r537.56 together with costsr additional escrow costs advanced and interest at the rate of 8.75' per annum ($2.50 per diem) from March 21, 1994 forward with the 4 ."-.-'. ~-""",'-:;",~,,,,,~~,,,,,,~~,,,\,~:.,,(;'j,;.i.:$:,;;-,:- ,-/- .r ;; . . i- t I, -~- f " . . '.' .. lien of such judgment relating back in priority to the date of the lien of the Mortgage. P.C. By: J t/. n Fe Attorney 601 Penn p.a, Box Reading, PA 19603 (215) 374-8377 Attorneys for Plaintiff -,.,- 5 '.' . I COMMONWEALTH OF PENNSYLVANIA . . : SSe COUNTY OF BERKS I Donna Weyandtr being duly sworn according to law, deposes and says that she is a representative of Meridian Bank, the Plaintiff herein, that she is authorized to execute affidavits on behalf of Meridian Bank and that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledger information and belief. 'D~ 12 UO~~q. Sworn to and subscribed before me this .'lClth day of -\ i\rl1H h r 1994. \~Qn\\-wn Notary k, \\orR.. Public N:l1It'olIISooI HtoIher A '-leek. N<1IoIrY NlIo R9adng, P,MCSCoo."t; MyC"'"l11&<ln EIJ;.inls Ju.'I r, '!l97 ~iemlleI,f'llll/15}'rill/li3~~iCi "'$ 6 w- .... . . " ". ~no(n J\1l #ten ~lJ 'illltese ~resentll THAT, JatI,R. srAAitY, ,J"..t_.'n, of Silver Spring Township, Cumberland County, PellllSylvania. (herelnalter whether singular or plural, called the Obligor) Is held and llrmly bnund unto CUMBERLAND VALLEY SAVINGS AND LOAN ASSOCIATION ICarllale. Pennsylvenlal. a cor. poratlon existing under the laws 01 tha Commonwealth 01 Pennsylvania (herelnalter called the Obligee). In the sum 01 an amount consisting 01 three times the amount stipulated below 10 bo paid 10 the Obligee In lawlul money 01 the United States of America, to be paid 10 the Slid Obligee, its certain atlomey, successors or assigns, to which paymant well and truly 10 be made, the salll Obll. gor don bind his heirs, executors, administrators and assigns and every on'e 01 them, Jolntiy ond IIverally,lInnly by these presents. And also conditioned that anything herein provided 10 the cun. trary notwithstanding, It Is expreuly understood and sgreed thet the Obligation 01 this Bond shall cover, 51 well, any luture advances that may be made by Obligee 10 Obligor, at any time or times herealter, provided that at no time may the Iotal balance due by Obligor to Obligee hereunder, whether the Slme represents, In whole or In part, the Initial advance or any luture advance or ad. vances, exceed the sum 01 an amount consisting 01 three tim.. the amount stipulated below to be paid 10 the Obligee. And the Slid Obligor does hereby empower the Prothonotary or any attorney 01 any Court 01 Record within the Commonwealth 01 Pennsylvania or elsewhere 10 appear lor him and with or without a declaration llIed, con less Judgment against him In lavor 01 the Obllgee,lts successors or asslll11s, 51 01 any lerm, lor the penel sum above mentioned, which sum shalllncludo and cover all payments required to be mode by the Obligor In and by the terms und condltiuns uf this bond 51 herelnalter set lorth, Including also on attorney's commission lor collection 01 live por centum 01 the Iotal of all such payments, or S2oo.00 whichever Is the larger aum, Iogether with costs 01 suit; and does hereby waive stay of execution or other process on such Judgment, and hold In II' Inquisition on any real estate levied on by virtue of any writ sued out on such Judgment Is hereby dispensed with and waived and condemnation agreed 10, which real estate may be aold under a writ or writs 01 Execution or other Iawlul writ; and all exemption 01 peraonal property from levy and sale on any execution under any law now In lorce or hereaiter pused, Is hereby waived, and fur. ther Obligor hereby waives all errors, delects and Imperlectlons In entering the said judgment or In any writ, or process or proceeding thereon or therelo or In anywise Iouchlng or concernlnlC the same. and lor the conlesslon and entry 01 such judgment, this shall be sulllclont warront and authority. THE CONDITION OF THIS BOND IS SUCH that II the above bounden Obligor, his heirs, ex. eculors, admlnlstralors or assigns sholl well and truly payor cause to be paid to the said Ob. IIgee, Its successors or uslgns, the sum 01 Nineteen Thousand-n-u........--u-.-..-.-.. __n_nu___u_uuu__u_.._uu__.u__u__..ununu_..__DOLLARS (S 19,000.00 ) and all additional moneys advsnced by the Obligee 51 herein or otherwise leJllllly provided, law. lul moneys aforesald, with Interest at Ihe rate 01 8 3/4 per centum (83/4%1 per annum, In monthly payments 01 not less than One Hundred Sixty-Seven and 96/100--u_uuu...- __00000000____00000000__00_00__00__._.___. DOLLARS (S 167 and 96 centsi on or before the /Ifteenlh day of each and every month herealter, to be applied monthly 51 Interest on the principal amoant 01 the Obligation, or the reduced amount thereol, to any other payments a"reed 10 be made by, the Obligor and the balance 01 sold paymant to be applied as tho monthly \laymonL 01 dues on one direct reduction loan Iwhlch Is hereby translerred and pledged to Oblllceo as securlLy for this Obligation). until the principal amount 01 the Obligation, additional advances and other charges msde to Obligor or made lor the proLection 01 the mortgage security with interest Is pohl In lull, and shall also payor cause 10 be paid unto Obligee, In addition to, and L'Oncurruntly with such monthly Installments of principal and Interest. a further sum equal to the tolal of one.twelllh 01 the snnual taxes, and other annual charges and assessments, II any, now assessed, or from time to time 10 be assessed by any municipal or olher public aUlhorlly, against the promlHo. dOHcribed In the Mortgage securing this Obligation, one.twelfth 01 any annual tax herealler levlud by any duly constituled authority upon Obligee on account or measured by Ihe amount of. Ihi. Oblil("tilln or Ihe Mortgage securing Ihis Obligation. or Obligee's revenue hereon or Iheroun. ond uno I\\'dllh Exhibit A of Iho annual cO.I or such Insurance aRalnsl lire and olher haurd upon, alalnsl or 10 said mort. RaRed preml.es as 10 MorlRoRee shall seem necessary. all Insurance 10 be procured Ihroulh Inlur. once cempanle. appreved by Ihe Morlgagee. Anythlnl herein provided to Ihe contrary net with. .lan,lInlC. it I. expressly underslood and all1'eed that the Obllllalion <II this Bond ahall cover. as well, any future advances Ihat may be made by ObllRee to Obllllor, at any Ume or times herealter, provided that at no time may the tolal balance due by Obllllor to Obligee hereunder, whether the samo roprasents,In wholo or In part, the Initial advance or any luture advance or advances, exceed an amount conslslinR of three times the amount stipulated herein before 10 be oald to the Oblllee. IT IS axpres51y agreed that In the event any Cull payment has not been received by an aGent oC our association by Its last working day oC the month, the same becomes overdue. A late charge oC Cour cents (4~) per dollar ($1) on the total payment will be paid by the Obligor hereoC, Cor the purpose oC deCraylng the expen5e Incident to handling luch de. IInQuent payment. PROVIDED FURTIIER, and it Is expressly undarstood and agreed, that the monthly payments made by Ohllgor shall be applied llrat to Interest on the unpaid ballnce 01 the principal sum and 10 any other payments all1'eed 10 be made by the Obligor and the remainder thereol shall be credit. ed on account 01 sold sum, and (except when taxes are paid 10 the Obligee In monthly Instsllments) .hnll 01.0 well and truly pay all Ioxes (which said term "tsxes" shall wherever uled In this Bond he taken anel helel 10 Include alltsxes, water rents and all other municipal or other governmentsl 1I.,.essments and chal'lles) which now are and also all those which may herealter be usessed,levled or charlled agaln.tthe premises granted In the Mortgage accompanying this Bond as the same sre nr 11111 e1ua, and shall on or belore the llrat day 01 January of each and every year produee and de- liver to the OblllCee receipts lor all such "taxes" for the current year assessed upon the mortgaged promise., anri shall also keep and malntsln at allUmes, In such company or companies as the Obll. Itee shall approve. a policy or policies of Insurance against loss or damage by /ire, or other risk as required by the Obllllee,ln an amount not less than the amount due on this mortsge upon the bund. Imc' and Improvements upon the said premises, and all policies whatsoever covering the said Improvements, whether In excess of the required amount or not, shall be duly uslgned as col. lateral security 10 the Obligee, and to be by said Obligee retslned, and shall also pay promptly the cost anri premium on said polley or policies of Insurance, and shall also keep and maintain the bulldlnlll now on the mortpged premises and any buildings erected thereon while this obll. JrlIUon shall be In force, In good and sulllclent repair, snd shall also forthwith repay unlo the Obligee any .um or .ums of money paid by the Obligee lor or on account 01 any "taxes" and premiums of In.urance which the O\lllgor has not paid end malntslned as above required (which although not so bound the Ohlhcee may pay and malntsln without Impairing any other of the rights hereunder, and atlho option of the Obligee all such pS)'lllents or advancu made by the Obligee may be added to the unpaid balance olthe loan). TIIF: llblh:lOr shall. If requested by the Obligee, elso pey to the Obligee, concurTl!n~y with the alnrasald Installments 01 principal end Interest, instsllments on account of the annual taxes and watar rents and sewer rents essessed or to be assused against the mortgaged premllles and the premiums on all policies of Insurance required by the Obligee in amounts sufficient to permit the mortgagee to pay said tsxes. watar rents, sewer rents end insuranca premiuma as and when they become due. Such InstaUment peyments may be used by the Obligee for the pUrpclses designated at such.Ume or tlmss as the Obligee In Its sole discretion msy determine and be held and accumu. lated by the Obligee In a common escrow account, and any Income therefrom-may be retained and used by the Obligee for Its own benefit. WITIIOUT any fraud or further delay, then this Bond shall be void. PROVIDED, however, and It Is hereby expressly agreed that 1/ at any Ume default be made In pay. ment of said monthly Installmsnts, or other payments agreed to be made by the Obligor, and the Iolalarrearoges are equivalent 10 two (2) contracted monthly Installment payments: or delault be mada In tho payment 01 the monthly Installment for taxu or In the payment of "taxes" when due, or tho prompt and punctual malntalnanee 01 said Insurance assigned as aforesaid when due, or the pnymant of the cost and premium thereol when due, whether purchosed by the Obligor or Obligee, or 01 any sum or sums paid by the Obligee lor or on account of any taxu or premiums or either (which payments have not at the option 01 the Obligee been added to the unpaId balance 01 the IlJIanl, ur mulnlunanca of said buildings In good snd sufflclent repair alter naUce from the Obligee, or In the evantthe building or buildings shall be changed or altered. or If the title to Ihe mortgaged premises be lranslerred 10 anyone other than the survivor of the Obligor. or his heir or devisees. wllhautlha prior wrltlen consent 01 the Obligee, or In cue 01 any default under the lenns hereof or lho accoml.anylng Mortgolle, and such delaultln anyone 01 these respects exists lor a perIod of .. (l '''''''', IF:. ~ . ... ,. ;' \",.- . .. , .' ,thlr1Y (301 day.: 1hen and In .uch COle 1he unpaid b.lance 01 1he10an,lncludl"ll addltlunul advunc.. and uflpald In1ere.1, etc., ahall, a11he option o/lhe Obligee, become due and payable Imm.dlut.I)', and paymen1 01 said ullpald balance o/lhe loan, additional advances and all Interost Ihurolln und olher paymenls herein all'eed to be made by Ihe Obligor may be en/orced and recoverullIII Ilnc\', anything herein conlalned to 1he contrary no1wI1h.landlng: and a writ or wrlta of Exoculion or olher lawlul writ may be IlIued upon 1he judllllen1 obtained upon 1hla obllKalion hy virIna ..fthe warrant 01 aUomey herein contained. or a complaint In an action 01 morlgago lor.doluro muy hu lOed UDon 1he accompanylnR Mertpge and prosecuted to judllllen1 and execution and aale 10 ro. cover the unpaid balance ollhe loan, all addllionaladvances made by the ObllROO os haroln IIr ..th.r. wise legally provided, allln1eres11hereon remalnlnR unpaid, tORethor with ull I..., c...I. unel ux. panses 01 collectlng1he .ame, Ineludlng an aUorn.y's commllllon olllvo per centum. unylhlllll herein contained 10 1he contrary nOlwlthslandlng: and u a concurrenL and cumulullve rUllludy ..r option 1hereon lor 1he benell1 o/lhe ObIlR.e.lls succellors ,Ilr IISSlps, 1he .ald ObllKor dou. horoh)' authorize and empower any a1tomey 01 any Court 01 Record 10 appear lor him In any courl 01 com. palan1 Jurisdiction, 10 conless judllment aRalns1 him In lavor 01 1he ObllRee, Its SUCCU_1'lI or _lillIS, In an amicable action 01 ejeclmen1 lor possession ollhe properly securod hy Iho Mnrt. IlIRe accompanylnr 1hl. Bond, and described 1hereln. ' II/und. are 10 be advanced lor conslrUctlon purposes, the BulldlnR.Loan AKJ'eemonl bclwo.n the parties herelo, 01 even dale herewith, Is hereby Incorpora1ed Inlo and made a pari of Ihhl nond IIld lla accompanying Mortgerl. ,. it Is lurther expressly underslood and agreed that,ll any sum or .ums 01 money shull bo.umu payable under any policies 01 Insurance Insurlnr the mortgered premlsaa, or ~y virtue 01 any cun. demnatlon or takinR 01 the mortPRed premises lor public oie, the Obligee shall have Iho opliun III receive and apply the same on account ollhls Obllptlon. or permit the ObllKor 10 receive ulld u.u 11, or al'Y part 1hereol, for the purpose 01 repalrlnr the mortpged preml..., or for allY olher I,ur. pose, without thereby walvlnR or ImpalrlnR this Obllllltlon, or the lien 01 the MurlKUlCo Kocur/nil It. The ObllllOr hel"lby expressly _IRns and 1ranslers unlo the Obllree all .ums 01 monoy puyublo under .uch Insurance claims or condemnation proeeedlnp. and does hereby irrevocably nomlnute, . constitute and appoint the ObllR.e to ac1/0r Ihe ObllKor u a lrUe and law/ul aUorney lur Ihu "..I. lectlon thereo/. ILls lurther expressly undersloOd and agreed that Ihe remedies 01 this Obllptlon and Ihe a.. companylnR MortlllRe lor the en/orcemenl ollha payment 01 the principal aum hereby se.urud, \Olf8lher wllh Inlarest thereon, and lor Ihe perlormance o/lhe covenanla, conditions and allroe. menls, ma1lers and things herein con!.alned are cumulative and concurrent and may be pursued alnRly, or suc:ceulvely, or logether at Ihe sele discretion 01 tha Obllree. and may be exarelsod us o/ten u occasion there/or .hall occur. . IF THIS INSTRUMENT Is execu1ed by mere1han one person u Obllror the aU1horlzatlons, obli. 1lIt101lS, responslbllltl.., liabilities and waivers of ea.h shall be Joint and .everal. Whenevur UHUel, the a1nJllllar number ahall Include the plural, Ihe plural the .lnJlllhu', the use of any lCenelur .hun Inelude all renders, and Ihe words "ObIlRor" and "Obllree" wherever used, shall Include their hull'll. execulors, admlnlstralors. .uccessors. vendees or asslrns. WITNESS Obllree'. handandsealthls 5~ day of April 1978 SIGNED~SEA DAND~ELlV IN THE PRESENCE OF (WI1neSS~ .~4't.'C::.: ......~;J,~.'I?,.J~.......... IlmAl.l (Witness.....:....... ...................... .~~ .~'. .S.t~~............... (SEALI (Witness) . . . . . . . . . .. . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. (SEAI.I (Witness) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . .. (SEALI --_..:- ~. r I I ! I ..,:,,, .'.,',;r..".,.,....'i-c .',. ',,~'.j...~;;.;....~ .~, .....".-;~, .", ... .',r , .... ..'lJr....~........ '-,,' ..,;.'_......,..J~ .\;". ,1......;..- j,;l,f...~,..,.;..,;,;~~...::...l'..~; .....::...:'~~,.:.t,. ... :~I.. . ~: "5J.:.-It;!.f~/tl~.~.~.:,~. ,. ..... :.1o.:-~::/~.~. t '.~f':' .. . ."~. -4:-'.'-.J~-:~'~ .'.L' ,:', ",.l'.~,"; . .:~: . . ~ ", > ;' .~, . ";' ..~:. . .~;~~I:;~',... =:,~' , 1..'.. ,~ , .:1 I ~' ~.; ....... .... s ~!i!.I! r:; ~ I su>j ri: ~ r. ;=11 ;JI ..: ~ !i ~l!i r e'" ..,~ ....... a " , -. , . ,. IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983. PLEASE READ THIS NOTICE. YOU HAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TO~ARDS YOUR MORTGAGE PAYMENTS. . , ~;:. '. ' . Merldl.n Morlg.go Ce'''' "oUon Two Oovon Square .~- 744 Will Lanelll., Avonue . P,O, 00. 111100 W.vna, PA 19087 (800) 223-70111, (2HI) 971-ll000 .Merldlan Mortgage 1 October 12, 1993 John Il. Starry 1lD 1 Bx 24 New H.chanicaburg, PA 17055 ae: MHC 00496133 De.r John a. Starry: Your mortgage is in serious default because you have failed to pay prompt installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $6,522.94. This sum includes twenty-eight (28) regular monthly payments at $228.64 each, late charges totaling $121.02 and return check fees of $0.00. You may be eligible for financial assistance towards your mortgage payments if you comply with the provisions of the Homeowner's Emergency Hortgage Assistance Act of 1983 (the "Act"). 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 as determined by the Pennsylvania Housing Finance Agency. Please read all of this notice. It contains an explanation of your rights. Undar the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time, you have the right to arrange a "face-to-face" meeting with this lender or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plen or to otherwise settle your delinquency. That meeting must occur within the next thirty (30) days. If you attend a face-to-face meeting with this lender or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days from the date of the meeting. Exhl:)it B c. . , ~ '. . ~ John Il. Starry MHC 00496133 2 October 12, 1993 IMPORTANT: PLEASE READ THOROUGHLY I I The name(s) and address(es) of designated consumer credit agencies in your area can be found on the enclosed l~sting. It is only necessary to schedul= one face-to-face moeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Hortgage Assistanca Fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emargency Hortgage Assistance application with one of the designated consumer credit counseling agencies referred to above. The consumer credit counseling agency will assist you with filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to-face meeting. You must 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 on the enclosure. It is extremely important that you file your application promptly I If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately I Available funds for emergency mortgage assistance ar very limited. They will be disbursed by the agency under the eligibility criteria established by the "Act." It is extremely important that your application be accurate and complete in every respect. The counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the agency of its decision on your application. The PENNSYLVANIA HOUSING AND FINANCE AGENCY is located at: 2101 North Front Street P.O. Box 8029 Harrisburg, PA 17105 (717) 780-3800 (800) 342-2397 (Toll Free) In addition to this Notice, you will receive another notice from this lender under Act 6 of 1974. That notice is called the "Notice of Intention to Foreclose Mortgage." You must read both notices, since they both explain rights that you have under Pennsylvania law. However, if you choose to exercise your rights as described in this Notice, we cannot c . , ~ '. . . , ~ John R. Starry MHC 10496133 3 October 12, 1993 foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving assistance. Very truly yours, ~~~tI~iU~L. . Riymona ~inches er - Default Servicing all/emf , -. MerIdIan Morlglge C~ .,' :llIon Two Oevon Squere - 744 Wesl Llncester Avenue P,O, 80. 8800 Wlyne, PA 19087 (800) 223-7061, (215) 971-llOO0 &) Meridian Mortgage '. .-- I ' '. . -':0.' ~ October 12, 1993 John a. Starry 283 n. Locust Point Road Hechanicsburg, PA 17055 ae: KHC 00496133 Dear John a. Starry: IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983. . PLEASE READ THIS NOTICE. YOU HAY BE ELIGIBLE FOR FINANGIAL ASSISTANCE TO~ARDS YOUR MORTGAGE PAYMENTS. Your mortgage is in serious default because you have failed to pay prompt installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is ~6,522.94. This sum includes twenty-eight (28) regular monthly payments at $228.64 each, late charges totaling $121.02 and return check fees of $0.00. You may be eligible for financial assistance towards your mortgage payments if you comply with the provisions of the Homeowner's Emergency Hortgage Assistance Act ,of 1983 (the "Act"). 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 as 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 the date of this notice. During that time, you have the right to arrange a "face-to-face" meeting with this lender or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. That meeting must occur within the next thirty (30) days. If you attend a face-to-face meeting with this lender or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days from the date of the meeting. ,: ,- ~~'';:~.- ( - , . - ( - . . John Il, Starry KHC 00496133 2 October 12, 1993 IMPORTANT: PLEASE \lEAD THOROUGHLY I I The name(s) and addressees) of designated consumer credit agencies in your area can be found on the enclosed l~sting. 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 at or after your face-to-face meeting, you have the right to apply for financial asaistance from the Homeowner's Emergency Hortgage Assistance Fund. In order to do this, you must fill ouc, sign and file a completed Homeowner's Emergency Hortgage Assistance application with one of the designaced consumer credit counseling agencies referred to above. The consumer credit counseling agency will assist you with filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to-face meeting. You must 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 on the enclosure. It is extremely important thac you file your application promptly I If you do not do so, or if you do noc follow the other time periods set forth in this letcer, foreclosure may proceed against your home immediately I Available funds for emergency mortgage assistance ar very limited. They will be disbursed by the agency under the eligibility criteria escablished by the "Act." It is extremely important that your application be accurate and complete in every respect. The counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the agency of its decision on your application. The PENNSYLVANIA HOUSING AND FINANCE AGENCY is located at: 2101 North Front Street P.O. Box 8029 Harrisburg, PA l710S (717) 780-3800 (800) 342-2397 (Toll Free) In addition to this Notice, you will receive another notice from this lender under Act 6 of 1974. That notice is called the "Notice of Intention to Foreclose Mortgage." You must read both notices, since they both explain rights thac you have under Pennsylvania law. However, if you choose to exercise your rights as described in this Nocice, we cannot ~-,-------""., . (0' l_,-..~ ....~ C.: .' . . c John R. Starry HKC 00496133 3 October 12, 1993 foreclose upon you during that time. Also, if you receive financial a..istance from the Pennsylvania Housing Finance Agency, your home cannot be foreclo.ed upon while you are receiving assistance. - Very truly yours, ~~~ Default Servicing Illl/emf _..., - '01" _.-""--_..~. ....., -.1..'...."""--,. ~i~::t;:~r~ .'... ",-..u":; , ,~..._-- MerIdIan Mortglge corporl{~' Two Oevon Square . 744 Well Lancllle, Avenue P.O, Bo. 8800 Wayne, PA 19087 (800) 223-7081, (215) 971-ll000 . Meridian Mortgage ;:;.. ~ October 12, 1993 . John R. Starry 1lD 1 Bx 24 New Mechanicsburg, PA 17055 Account No.: 0496133 Hortgaged Premises: 1lD 1 Bx 24 New Hechanicsburg, PA NOTICE OF INTENTION TO FORECLOSE MORTGAGE Heridian Mortgage Corporation is the holder of the mortgage on your property described above, or is the mortgage service contractor for such holder. The mortgage is in SERIOUS DEFAULT because you have not made the monthly payments for: JUNE 15, 1991 through SEPTEMBER 15, 1993 at $228.64 per month Late charges have also accrued to this date in the total amount of $121.02. NSF check and other charges have accrued in the total amount of $0.00. The total amount now required to cure the default, or in other words, get caught up in your payments, as of the date of this letter is: $6,522.94 You may cure the default within THIRTY (30) DAYS of the date of this letter by paying to us the above amount PLUS any additional monthly payments and late charges which may fall due during this period. Such payment must be in the form of a cashier's check, certified check, or money order and be made at the office at Meridian Mortgage Corporation, Two Devon Square, 744 Yest Lancaster Avenue, Yayne, PA 19087. Payment may be made by mail, but must be received in our office by the time specified by this notice. 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 attomeys to E:d'i~~;t C YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CUllED RY AN'{ THIRD PARTY ACTING YOUR REIIALF. . G . , PI . John Il. Starry MHC D0496133 2 October 12, 1993 start a lawauit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up ~o $50.00. However, if legal proceedings are started against you, you will have to pay reasonable attorney's fees even if they exceed $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our ressonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT RE REQUIRED TO PAY ATTORNEY'S FEES. ~e 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 the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as wall as the reasonable attorney's fees and costs connected with the foreclosure sale. It is estimated that the earliest date that such a sheriff's sale could be held would be approximately six (6) months from now. A notice of the date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the raquired payment will be by calling us at this number: 1-800-223-7061. This payment must be in the form of a cashier's check, certified check or money order and be made payable to Heridian Mortgage Corporation at the ~ddress stated on the front of this Notice. You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO ORTAIN MONEY TO PAY OFF THE HORTGAGE DEBT, OR TO BORRO~ HONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DERT. YOU HAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY, SUBJECT TO THE TE1lHS OF THE MOIlTGAGE, TO A RUYER OR TRANSFEREE WHO WILL ASSUME THE HORTGAGE DEBT, PROVIDED THAT ALL OF THE OUTSTANDING PAYMENTS, CIIA\lGES, AND ATTORNEY'S FEES ARE PAID PRIOIl TO OR AT THE SALE. CONTACT US TO DETERHIN' UNDER ~T CIRCUMSTANCES THIS RIGHT MAY EXIST. , , i I / I ~ . , c: '-. ~ John Il. Starry MHC 00496133 3 October 12, 1993 YOU HAVE THE IlIGHT TO ASSERT IN ANY FORECLOSURE PIlOCEEDING Oil ANY OTHER LAIlSUIT INSTITUTED UNDER THE HORTGACE DOCUMENTS, THE NONEXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ANY SUCH ACTION. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cur. your default more than three (3) times in any calendar year. If you maintain credit life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the inaurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and q~lify for replacement insurance if you wish to maintain it. If you make partial payments on account of the delinquencies, Meridian may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan unless we receive the entire amount required to cure the default. MERIDIAN MORTGAGE CORPORATION '*<..~~II""~u;h~ By: Ilaymona ~inchester Telephone No.: (800) 223.7061 Certified Hail and Ilegular Hail * * * AVISO lHPOIlTANTE PARA LAS PERSONAS QUE HABLAN ESPANOL * * * ESTA NOTIFICACION ES DE SUHA IHPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAIl VIVIENDO EN SU CASA. SI NO COHPRENDE EL CONTENIDO DE ESTA CARTA, OBTENGA UNA T\lADUCCION IHHEDIATAHENTE. ,., t__.,- ~ v ~ ,. M'rldlan Mortgage corpore( Two Devon Square - 744 West Lancester Avenue P.O, Box 11800 Wayne. PA 19087 (800) 223-7081, (215) 971-ll000 &) Meridian Mortgage . , . , ;' '- October 12, 1993 - John R. Starry 283 n. Locust Point Iload Mechanicaburg, PA 17055 Account No.: 0496133 Hortgaged Premises: 1lD 1 Bx 24 New Mechanicaburg, PA NOTICE OF INTENTION TO FORECLOSE MORTGAGE Meridian Hortgage Corporation is the holder of the mortgage on your property described above, or is the mortgage service contractor for auch holder. The mortgage is in SERIOUS DEFAULT because you have not made the monthly paymants for: JUNE 15, 1991 through SEPTEMBER 15, 1993 at $228.64 per month Lata charges have also accrued to this date in the total amount of $121.02. NSF check and other charges have accrued in the total amount of $0.00. The total amount now required to cure the default, or in other worda, get caught up in your payments, as of the date of this letter is: $6.522.94 You may cure the default within THIRTY (30) DAYS of the date of this letter by paying to us the above amount PLUS any additional monthly payments and late charges which may fall due during this period. Such payment must be in the form of a cashier's chack, certified check, or money order and be made at the office at Meridian Hortgage Corporation, Two Devon Square, 744 West Lancaster Avenue, ~ayne, PA 19087. Payment may be made by mail, but must be received in our office by the time specified by this notice. If you do not cura the default within THIRTY (30) DAYS. we intend to exercise our right to accelarate the mortgage paymants. 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 attomeys to ;. I , r . . ,.-" --':.-:' John R. Starry MHC 00496133 2 October 12, 1993 start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before thay begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay reaaonable attorney's fees even if they exceed $50.00. Any attorney'. fees will be added to whatever you owe us, which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PEIlIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'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 the thirty (30) day period and forecloaure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale. It is estimated that the earliest date that such a sheriff's sale could be held would be approximately six (6) months from now. A notice of the date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at this number: 1-800-223-7061. This payment must be in the form of a cashier's check, certified check or money order and be made payable to Heridian Hortgage Corporation at the address atated on the front of this Notice. You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continua to live in the property after the sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE IlIGHT TO SELL THE PROPEIlTY TO OBTAIN MONEY TO PAY OFF THE HOIlTGAGE DEBT, OR TO BORRO~ HONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAY HAVE THE RIGHT TO SELL Oil TRANSFER THE PROPERTY, SUBJECT TO THE TE1lHS OF THE HORTGAGE, TO A BUYER OR TRANSFEREE WHO ~ILL ASSUME THE HORTGAGE DEBT, PIlOVIDED THAT ALL OF THE OUTSTANDING PAYMENTS, CHARGES, AND ATTORNEY'S FEES ARE PAID PRIOIl TO OR AT THE SALE. CONTACT US TO DETE1lHINE UNDER ~T CIRCUMSTANCES THIS IlIGHT HAY EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THI1lD PARTY ACTING ON YOUR BEHALF. . 1 "'__'--"._7'_' -io-' c . . . . . . ,..- .' . . John R. Starry HHC 00496133 3 October 12, 1993 YOU HAVE THE IlIGHT TO ASSERT IN ANY FOIlECLOSURE PIlOCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDEIl THE MORTGAGE DOCUHENTS, THE NONEXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU HAY HAVE TO ANY SUCH ACTION. If you cure the default, the mortgage wiil be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. If you maintain credit life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by tbe insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance if you wish to maintain it. If you make partial payments on account of the delinquencies, Heridian may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan unless we receive the entire amount required to cure the default. MERIDIAN MORTGACE CORPORATION ~~$pu-JU~~ By: Raymona ~inchester Telephone No.: (800) 223-7061 Certified Hail and Ilegular Mail * * * AVISO IHPORTANTE PAllA LAS PERSONAS QUE HABLAN ESPANOL * * * ESTA NOTIFICACION ES DE SUHA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COHPRENDE EL CONTENIDO DE ESTA CARTA, OBTENGA UNA T\lADUCCION IHHEDIATAHENTE. ~ u ~~ ~~ II li ~~ s:: ...", 0;;. w.....::.i.. u~c.;; 4.0 ~oU"1. U'I U..:CO:::. N 9~~". ,;':l~ J'" ,.lc..-~Z _ ~,I:..JWn ~ ....l:.S!~ ,- . :2 ~B ~ ,~ -6'') 1-<) ~ ~ ~ ry-J,~~ II I ~ ~ ~ I I " 4 , II: ~ \'- '-<::l ~ ""- .-.1:. ~ ~~~~ I - I ~ I ~ I ill I e 8 ~i:~!~ tQ,?I ~i~~~~~~ , ~~~2"lii; I ~ < ~ . ~ ,< ! I 0 I ~ . . \i 'V,..'''.''''.,..,_.,._..., ,^""",,,.;.,~...........,,,,~>._,,",-~f'--4'i:tIHMA!W 11" ~~_~. t '! ,~~~". 1* --~t-M,""""l.~ . , , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN BANK, . . Plaintiff . . : vs. . . . . JOHN R. STARRY, : Defendant . . No. 94-1623 Civil Term CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD TO THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff, Meridian Bank, and against the defendant, John R. Starry, for failure to plead to plaintiff's Complaint as follows: (a) unpaid principal: (b) Interest at the rate of 8.75% per annum to 6/01/94 ($2.50 per diem): (c) Late charges at the rate of 4% per delinquent monthly payment as provided in the Note: $ 10,295.07 $ 2,780.00 $ 127.74 (d) Attorney's commission at the rate of five (5%) on the unpaid principal balance, said rate representing reasonable attorney's fees under Pennsylvania law and authorized by the Note: TOTAL: S 514.75 $ 13,717.56 together with interest thereon from the date of judgment forward at the rate of 8.75% per annum ($2.50 per diem) with the lien of such judgment relating back in priority to the date of the lien of the Plaintiff's Mortgage and all costs of this action. ,...". .0..; ,,'_.~,,__...~ . . I hereby certify to the best of my knowledge and belief as follows I 1. The plaintiff's true and correct address is 35 North Sixth Street, P.O. Box 1102, Reading, Berks County, Pennsylvania 19603. 2. The true and correct address of the Defendant, John R. Starry is 283 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Dated I June 1, 1994 BELL ,) ., J I I ~f ,t . " . IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN BANK, Plaintiff No. 94-1623 Civil Term vs. CIVIL ACTION - LAW JOHN R. STARRY, Defendant The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, John R. starry, in this matter was mailed to the defendant after the default occurred and at least ten days prior to the filing of the praecipe for entry of judqment pursuant to Pa. R.C.P. 237.1. A true and correct copy of that notice is attached hereto as Exhibit A and made a part of this certification. Esquire .---~.".' .. XX TIUI COO1' 01' COIDlOX l'LBAS 01' CUJlBIDlLaJID COmrry, 1'IlIDfSYLVUIA MERIDIAN BANK, No. 94-1623 Civil Term Plaintiff vs. JOHN R. STARRY CIVIL ACTION - LAW ACTION Defendant TO: John R. starry 283 North Locust Point Road Kecbanicsburg, PA 17055 Date: Kay 3, 1994 IKPOR1'ANT NOTICB YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT KAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU KAY LOSE YOUR PROPERTY OR OTHER IKPORTANT 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. ' Lawyer Referral Service Court Administrator 4th Floor, cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Telepbone: (717) 240-6200 & BELL, P.C. By: cc: Thomas Scbreck - Meridian Mortgage (MMWN) GBMIC - Acct. No. 4004264746 .... A , ~ . . . MERIDIAN BANK, I Plaintiff I I vs. I I JOHN R. STARRY, . . Defendant . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1623 Civil Term CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS . . . . ss. . . Karen Feryo Longenecker, to law, deposes and says that Plaintiff herein, and as such Esquire, being duly sworn according she is counsel for Meridian Bank, states the following: 1. The defendant, John R. Starry, is not, to her knowledge, in the military or naval service of the united States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The defendant, John R. Starry, is more than 21 years of age and has an address of 283 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. She has ascertained investigation and makes this ation by personal e authority. Sworn to and subscribed before me this /4f day of June, 1994 ~S: ~hA4J . NolaIIaI Seal 1 ~~~ l.!:':'~ElqJireSJooo3J' ~~7 , '.:...'I~" PenntytvonaAssodallCnol. i-~..,'-...:.J ''='" 0") ~ :';.... ....- ~ \.6.1,.....~.t en ~ :'::" ..I' III ~. ~':~ ..,~ (".-.- '.-" . - 'I' ....... :~. :;.; . ".,:.:- ,--".- ".. ~~ fl, :0: -=l ;::") 5~ f&.< ot::! ~~ 1><'" ~i5e ~I><~ 8rj:;:~ ~!;g~1 OU HU :z: ~~~E 1< ~ :~ ;! . > i!iB~tj ..... ...... ~~ l"l.... ., ~~ l':l .... 00: ~ . .. :> ~ ~ I ""'\ . ...:> ~1 ~ ~ '~ . ..... .,........ r--- ... !:: . ., ~] H .. U>l'l . 00: il3 o '" . \<) ~ t'('j - -. - <.:.,'-- ~ .~~~ !;;~ :Z:o-l ....1>< < t:lO <1-4 ~ - ~I! I /~\ Ii! ! I i I \~/ ~ i ~ ! ~ I ~! i ~ ~ ~ ai . ... .. lol I~ !@l;:l "'00: 00:0 Of&. I&< ~~ tjffi ~!:l I><l'l . So< II u .. r:: .. 00 r:: o o-l o >. So< .. I&< r:: .. So< ~ .. l: ~ ~ i .. s - - o .. e ~ II; ; . ......;..;.;.... 4 ." J_ , ~ SHERII'F'S RETURN ca+lOOWEAL'l1i OF PENNSYLVANIA: CCllJm'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1623 Civil Term Complaint in civil Action Law and Notice Meridian Bank, Successor in Interest to Hill Financial S.A. vs John R. Starry Timothy Reitz , ~1If(lt*XDeputy Sheriff of Cunberland County, Pennsylvania. who being duly S'NOm according to law. says, that he served the within Complaint in Civil Action Law and Notice upon John R. Starry A .M. ~ / EDST. on the 05 . the defendant, at 9: 30 o I clock day of April , 19~4:lt 283 North Locust Point Road, Mechanicsburg , Cunberland Coun ty . Pennsylvania. by handing to Gloria Starry, wife of John R. Starry a true and attested copy of the Complaint in Civil Action Law and Notice, and at the same time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. . ?~~ Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 5.60 2.00 21.60 Pd. by Atty. 4-06-94 R. Thomas Kline, Sheriff by Swom and subscribed to before me this -1...~ day of t2/J.;..{l , 19 q 'f A.D. Lf.r-- {2. )1W!~. 0'f' Prothonotary * NOTE: Post Office advised there is no such address as R.D. HI, Box 24 New Kingston, PA. ,.;,+ "'''' .-..... ....... . r , MERIDIAN interest S. A., Plaintiff I I I I I PBIOISUoVARIA (}~vL .;j lA/l1"-I IR !BB COUR! or COJOIOH PLBAS or CUMBBRLAHD COUJl'J1Y, No. 14- 1&}3 BANK, Successor in to Hill Pinancial, vs. . . JOHN R. STARRY, Defendant I I I CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judqment 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 NO'l' HAVE A LAWYER OR CANNOT AFFORD ONE, GO '1'0 OR TELEPHONE 'l'BE OFFICE SET FORTH BELOW '1'0 FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TRUE "^~ F Telephone: (717) 240-6200 ~, ROM ReCORD In Testimony Whereof, I here unto set my hand and t~B ~I of sa' C at Carlisle Pa Th {,f a 0' (H..I\. 193JL Pro ~ ,/ c . r 18 !rBZ COUR!r OF COMMON PLEAS OF CmmZRLARD COUH':lr, PZRJlSnVAJlIA MERIDIAN BANK, Successor in . No. . interest to Bill Financial, I S. A., . . Plaintiff I I VS. I . . JOHN R. STARRY, I CIVIL ACTION - LAW Defendant I COMPLAINT 1. Plaintiff is Meridian Bank, a Pennsylvania banking corporation with its principal office at 35 North sixth Street, Reading, Pennsylvania, successor to Bill Financial savings Association, predecessor in interest successor by merger to Cumberland Valley Savings and Loan Association. Bill Financial Savings Association was placed in receivership by order of the Office of Thrift Supervision dated October 12, 1989. The aforesaid order appointed the Resolution Trust Corporation as Receiver. Pursuant to authority granted under the Financial Institution Resource, Recovery and Enforcement Act, the Receiver, by agreement dated October 13, 1989, transferred certain assets, obligations and liabilities of Hill Financial Savings Association to Meridian Bank, including, without limitation, the Mortgage and Note described herein. 2. The Defendant, John R. Starry is an adult individual residing at 283 North Locust Point Road, Mechanicsburg, PA 17055. 3. On or about April 3, 1978, the Defendant executed and delivered to Cumberland Valley Savings and Loan Association, a Note in the original principal amount of $19,000.00 (the "Note"). A ~..~.... . I true and correct copy of the Note is attached to and incorporated by reference in this Complaint as Exhibit "A". 4. The Note is secured by that certain Mortgage oxecuted and delivered by the Defendant to Cumberland Valley Savings and Loan Association dated April 3, 1978 filed on April 3, 1978 at Volume 639, page 149 ~ ~., Cumberland County Records (the "Mortgage") which Mortgage is incorporated herein by reference and any jud9'1llent in this action shall relate back in priority to the date of the lien of the Mortgage. S. Cumberland Valley Savings and Loan Association merged into Hill Financial Association. The Note and Mortgage were transferred to the Plaintiff as set forth in paragraph 1 hereof. The Plaintiff has not assigned the Note and Mortgage and is the holder thereof. 6. The Defendant defaulted with regard to the Note and related documents in that the Defendant failed to pay when due the monthly installments from May 15, 1991 to date. 7. Pursuant to the Homeowners Emergency Mortgage Assistance Act 91 of 1983, written notice of counseling was given to the Defendant. A copy of the aforesaid notice of counseling is attached hereto, marked Exhibit "B" and incorporated herein by reference. Plaintiff avers that the Defendant failed to meet the time limitations for the opportunities set forth in such Act 91 or did not qualify for such assistance. 8. Pursuant to Act of January 30, 1974 P.L. No. 6 (41 P.S. . 3 - , . ( 101 et seq.), written notice of intention to foreclose was given to the Defendant by certified mail. A copy of the aforesaid notice of intention to foreclose is attached hereto, marked Bxhibit "CO and incorporated herein by reference. 9. The Defendant is liable to the Plaintiff under the Note and related loan documents as follows. (a) (b) Unpaid principal Interest at the rate of 8.75' per annum to 3/21/94 ($2.50 per diem) 2,600.00 $ 10,295.07 (c) Late charges at the rate of 4' per delinquent monthly payment as provided in the Note Attorney's commission at the rate of five (5') on the unpaid principal balance, said rate representing reasonable attorney's fees under Pennsylvania law and authorized by the Note TOTAL. 127.74 (d) 514.75 $ 13,537.56 Plus interest at the contract rate of 8.75' per annum ($2.50 per diem) from March 21, 1994 forward, costs of this suit and any additional escrow costs advanced for taxes and insurance by Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant, John R. Starry in the amount of $13,537.56 together with costs, additional escrow costs advanced and interest at the rate of 8.75' per annum ($2.50 per diem) from March 21, 1994 forward with the 4 "" L" *(;: .~.; .. , ~ ",'1j ~ ,,"'".. ..,tt--4 .. ,. , . , I r r '" I '.-.~..",. "co.' .....--, ATTORNEV ~($ BINGt\:-It\N, I.IESS. COBLENTZ & BELL 660 PENN SQUARE CENTER' 60\ PENN STREET' P.O. BOX 6\ READING. PENNS-?...VANIA 19603 (21S) 374.8377. FAX (21S) 376.3105 . < . I' '_r!" _ '~.....'- . r 'f' , .( lien of euch judgment relating back in priority to the date of the lien of the Mortgage. BINGAMAN, ; By: , Fe AttorneN ID 093 601 Penn Street P.O. Box 61 Reading, PA 19603 (215) 374-8377 Attorneys for Plaintiff "." ...-"........... 5 .'"-,- ...:... COMMONWEALTH OF PBNNSYLVANIA I . . ss. COUNTY OF BBRKS I Donna Weyandt, being duly sworn according to law, deposes and says that she is a representative of Meridian Bank, the Plaintiff herein, that she is authorized to execute affidavits on behalf of Meridian Bank and that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. 0~'P U(t-~ Sworn to and subscribed before me this ~q\.h day of -{f\onuL , 1994. \4 Qn\\w;\ ~, ~or~ Notary Publ c NolnI Seal HtlIIherA. ~~NlIo f1Jldr1G. e.rks CoUnIy MyC<irnrnl!&m !:IpM..u" a 1997 -. ~Ci illS 6 . , ,'d" , .-----...;. - w'.. ....,. ~Jtofn Jl.I1 2'1i~n ~!l ml/l!5~ ~r~5I!JtfS THAT, Jatl.R. STARRY, zi...l ~. of SilVllr Spring Township, CUmberland Coll/1ty, Pezm"yl VBn1a, Ihereln.lter whether slngul.r or plur.I, cal/ed the Obl/gor) la held and tlrmly bound unto CUMBERLAND VALLEY SA VINes AND LOAN ASSOCIATION fCU",le, Pennaylvlnlal, . ear. parotion exlstinr under the laws 01 the Commonwealth 01 Pennsylv.nla (hereln.lter C1l/ed the ObI/pel. In tha sum 01 an .mount eonslstinr ot three times the amount sllpulated below to be p.ld to the Obl/reeln lawlul money 01 the UnIted States 01 America. to be paid to the said Olll/left, Its certain attorney, suecessors or asslrns. to which p.yment well and truly to be made, the aald 0111/. lOr does bind his heirs, executol'3, administrators and asslme and every one ot them, Jointly and leverally. annly by these presents. And also eondllloned that anythlnr hereIn provIded to the cun. trary notwlthstandlnr, It Is expressly understood and alll'ftd that the Obl/ption 01 this Bond .hal/ COver, IS wel/. .ny tuture advances that may be made by Obllrea to Obllror, .t .ny lime or limes herealter. Provld.d that at no time may the total balance due by Obllror to Obl/ree hereunder, whether the same represents, In whole Or In part, the Initial advance or any luture .dvanee or .d. V.nc:es. exceed the sum ot an amount conslstlnr 01 three times the amount .tlpu).ted below to be paId to the Obllree. And the aald Obllll'Or does hereby empower the Prothonotary or any attorney 'ol.ny Court ot Rec:ord wIthIn the CommonWealth 01 PennsYlvanIa or elsewhere to appear lor him and with or without a declaration liJed, c:ontess Judrment aplnst him In lavor 01 the Obllrea.lts successors or assl/llls. IS ot any term. tor the penal sum above mentioned. which aum shalllncludo and eover all peyments required to be made by the Obllll'Or In and by the tenns and eandlllons ot this bond as herelnalter set torth. Includlnll' also an attomey's c:ommlsslon lor c:olleetlon 01 ave par centum ot the total 01 all such payments. or S2oo.oo whichever Is the larpr sum. topther with c:osts 01 suit: and does hereby waive stay ot execution or other process on such Judrment, and holdlnll Inqulsltlon on any real estate levied on by virtue ot any writ sued out on such Judrment Is hereby dispensed with .nd waived and eondemnatlon arreed to. which real estate may be sold under a writ or writs ot EXIC:Utlon Or other Iawlul writ: and aU exemption at personal property trom levy and .ale on any execution under any law now In torce or hereafter PISsed, Is hereby walved, and lur- ther Obllll'Or hereby waives all errors. delects and Imperlectlons In enterinr the sold Judrment or In any writ, or process or proceedlnr thereon or thereto or In anYwise touchlnr or eoncemlnll' the same. and lor the eonlession and entry ot such Judrment. this shall be sulllciont WlllTIInt anti .uthority. THE CONDITION OF. THIS BOND IS SUCH th.t II the above bounden Obllll'Or. his heil'3. ex. IC:Utors. administrators or asslps shall well and truly payor eaUSe to be pald to the saltl Oil- IIrea, Its suc:eeasors or aaslps, the sum 01 Nineteen ThoUSand.......__.__.____...______.. ..--.----..---.---..--....-..---..--...----- -....--..--.... -.DOLLARS (S 19,000.00 ) and all additional moneyS advanced by the Obligee IS hereIn or otherwise lelrGlly provided. law. lul moneys a1oresa/d. with Interest et the rate 01 8 3/4 per centum (83/4"1 per annum, In monthly payments 01 not less than One!lJndred Sixty.Seven and 96/100-____..._______ .--.-.-----.-----------...-------.---...-. DOLLARS (S 167 and 96 centsi on or belore the fifteenth day 01 each and every month herealter. to be applied monthly IS Interest on the princlpal amount 01 the ObllPtlon, or the reduced amount thereol, to any othel' payments aATted to be made by, the ObllllOr and the balance 01 said peyment to lie applied as the monthly payment 01 dues on one direct reduction loan (whIch Is hereby translerred and pledlr8d to Olll/leee as security lor this Obllptlon), until the principel amount 01 the Obl/Ptlon, addItional advances and other chirps made to Obllror or made lor the protection of the mortpKe security with Interest Is paid In lull. and shall also pey Or cause to be paid unto Obligee. In addlllon to. and c:oncurl'llntly with such monthly Installments 01 principal and interest. a tuJ:ther sum equal to the total 01 one-twelltJl 01 the annual taxes. and other annual charyes and assessments, It any, now aasessed. or lrom lime to time to be assessed by any munIcipal or other public authOrity. alC8inst the premises do..crihod In the Mortpp .ecurlng thl. Obligation. on..twellth 01 any annuallllJC herealtor lavlutl by any dUly eonstltuted authOrity UponOblllree on acc:ount or measured by the amount 01. this Ohllleullun or the Mortpge securinll' this ObllPtlon. Or Obliree's revenue hereon or thereon. un" ono t\\'ullth EXhibit A ,,-,,_......, " , , ollhe annual COSl 01 sucli Insurarice al(alnsl /ire and olher hazard upon. alralnll or 10 aald mono 1l0lled premises as 10 Morll('llee shall seem necessory. all Insurance 10 be procured lhroulrh Inlur. once complnle~ approved by lhe Morllralree. AnYlhlnlr herein provided 10 lhe conlrary nOlwlth. ftlandlnll', 111ft upressly understood and all1'eed lhat the Obllgallon <II this Bond Ihall cover. u well, any rulure advances lhat may be made by Obllllee to Obllllor. at any time or times herealter, provided lh.t at no time may the 101.1 bal.nce due by Obllllor to Oblllree h~reunder. whelher the ..me represents. In wholo or In plrl, lhe Initial advance or any lulure advance or advances, exceed an amount conslstlnll ollhree times lhe .mount stipulated herein belore to ba aald to the Oblllree. IT IS expressly agreed that In the event any fuli peyment has not been received by an agent of our association by Its last working day of the month, the aame becomes overdue. A late charge of four cen~ (4~) per dollar ($1) on the total payment will be paid by the Obligor hereof, for the purpose of defraying the expense Incident to handUnllUc:h de. IInQuent pevment. PROVIDED FURTHER. and It Is expressly understood and alrrted, th.t the monthly paymenta mode by Obligor shall be applied /irst to Inlerest on the unpaid balance 01 the principal sum and 10 any olber payments alll'eed 10 be made by the Obligor .nd tbe remainder thereo/shall be credit. ed on account o/llld lum. and lexcept wben taxes are paid to the Obllpe In monthly Instalimlnta) ftball alllO well and truly pay all taxes lwhleh said term "taxes" Ih.1I wherever uaed In this Bond be lakon and bald 10 Include all taxes. water rents and .11 other municipal or other govarnmental lUI.,essments and Chal'lres) which now are .nd also .11 those which may herea/ter be ustllled.levlad or charged al(alnftt the premIses gTlnted In the Mortgap 1CC0mpanylnlr thIs Bond as the same Ir'lI nr Inll due. and sball on or belore the IIrst day 01 January 01 each and every year produce and de- liver 10 the Obllll'ee receipts lor all such "taxes" lor the current year usBSled upon the mortgapd premises. and shall also keep and maintain at all Umes. In such company or companies as the Obli. Ilao shall approve. a policy or policies 01 Insurance aplnat Iou or damap by lire. or other risk as roqulrcd by lho Obllpe, in an amount not less th.n the amount due on this mortap upon the build. InRI and Improvements upon the said premises, and all policies whatsoever coverinr the said Improvements, whether In excess 01 the required .mount or nolo shall be duly uslmed u col. lalel'lll securily to the Obllpe, and to be by aald Obllpe retalned, and ahall also p.y prompUy tho cost and premium en aald polley or policies 01 Insuranee, and ahall also keep and maintain the bulldlnRl new on the mortgaged premises and any bulldlnp erected thereon while this obll. ptlon ahall be In lorce.ln good and sull/clent 1'8palr. and shall also lorthwlth repay ullto the Obllre. any ftum or auma 01 money paid by the Obllree lor or on account of any "tax.." and premiums 01 Insurance which the Obligor hu not paid end maintained u above required (which althourh not 10 bound the Ohllllee may pay and malntaln without Impairing any other 01 the rights hereunder. and at tho option 01 the Obligee sllsuch payments er advances made by the Obllpe m.y be added to the unpaid belance 01 the lean). TUE Ilhlhctlr shell. If requuted by the Obligee. also pey to the Obligee. concurren~y with the aforesaid Installments of principal and Intereal, Installments on aecount 01 the annual taxes and watar rents and sewer rents aaaessed or to be usessed agelnat the mortgeged premia.. and the premiums on all polleles o/lnaurenee required by the Obligee In amounts sulllciant to permit the mortpgeo to pay said taxea. water rents. sewer rents and Inauranee premiums .a .nd whllll they become dua. Sueh Installment payments may be used by tha Obligee for the purpoa.. designated at such. time or times as the Obligee In Its aole dlacretlon may datermlne and be held and .ccumu. lated by the Obligee In 0 common escrow account, and any Income therefrom-may be retained and used by the Obligee for Its own benefit. WITIIOUT any fraud or lurther delay, then this Bond shall be veld. PROVIDED, however. and It Is hereby exprtlllly agreed thet If at any Ume delault be made In pay_ ment 01 sold monthly Installments. or other payments agreed to be made by the Obligor. and the lotal arrllrAllBl are equivalent 10 two (2) contracted monthly Installment payments: or delault be modo in lh. payment 01 the mentbly Installment for taxes or in the payment 01 "taxes" when due. er tho prompt and punctual malntalnance 01 said Insuranee uslgned as aforesaid when due. or the paymont 01 the cost and premium thereof when due. whether purchased by the Obligor or Obligee. or of any sum or sums paid by the Obligee lor or on account of any taxes or premiums or either (whlcb payments have net at the option 01 the Obllpe been added to the unpaid balance of the IlIunl. or mainlunanco of sold buildlnRs In Rood and sufficient repair after notice from the Oblll(ll8. or In the event the building er bulldinp shall be chanred or altered. or If the titie to the mortgapd premlaes be lransferred 10 anyone other than the survivor 01 the Obligor. or his heir or devise... wllhout tb. prior written consent of the Obligee. or In cue of any delault under the terms hereof or tbo ..cemll.nying Mortlllllle. and auch default In anyone of these respects exists for a period of ... (i , , " \..1- ia~ ',1ff c ,--_...", . - . . \ lhlrty 130) daYI: then Ind In such cue the unpaid balance 01 the loan. Includlnr addlllunaladvuncuK and uppald Inlerelt, etc.. ahall, at the option 01 the Obllr", becom. due and payabl. Immudlutul)', and payment 01 ..Id unpaid balance 01 the loan, .ddltlonal .dvancel and .001lntorolL thuroun and other payments herein arr..d to be mode by the Obllror may be enlorcod and recovorull ul \lnc~, .nythlnr heraln contalnad to the contrary notwlthltandlnr; .nd . writ or wrlta 01 Exucutlon ur other lawlul writ m.y b. lalued upon the judllll1ent obtained upon thll obllKotlun hy vlrtuu ul tho w.mnt 01 aUom.y heraln contained, or a compl.lnt In an action 01 mortrare luroeluluro muy bu med UDon the accompanylnll Mortpp and prosecuted to Judllll1ent and execution and nle tu ru- cover the unp.ld balance 01 the loan, alladdlUonal.dvances made by the Obllll'O II horuln ur IIlhur. wi.. lerally provided, all Interest thereon remalnlnll unpaid. tOllethor wllh all luu., ''UKt. unll ux. pen..s 01 collectlnr the same. Includlnr .n attomey's commllllon 01 live par cenlum, onythhllC herein contained to the contrary notwlthstandlnrl and IS . concurreni and cumulullve romuII)' IIr aptlon thereon lor the benellt 01 the Obllll'" Its sueceucrs pr Ulima, the sold Oblllcur dllllll horuh)' authorize and empower any attorney or any Court 01 RocoMl to appear ror him In any court or .'IIm. petant Jurisdiction. to conr... Judllll1ent .plnst him In ravor or the Obllll", Ita SUCCVIUlOI'lI or UlIIfIII, In an .mlcable acUon or ejectment lor pollUllon or the property secured hy tho Mort. pp accomp.nylnr this Bond, end described therein. . U runds are to be advanced ror construcUon purposes. the Bulldlnll.Loon AJll'IImont botwuon the parUes hereto, or even date herewith, Ia hereby IncorporeLed Into and mada . part 01 th'" Dund UId Its .ccompaDyIn, Mortpll. " it Is rurther expressly understood .nd .rreed that, If any sum ar IUms or money shilll bucumu p.y.ble under .ny policies or Insurance Insurlnr the mortpllld premlaes. or by virtue 01 any cun. demnaUon or taklitl( 01 the mortPlled premlaes ror public ..'e. the Obllpe sholl hove tho option III receive and apply the same on account 01 thla Obllptlon. or permit the ObllRor to recolve and UKU It, or '"y part thereor.lor the purpose 01 repalrlnr the mortppd premlan. or lor any olher Ilur. pose. without thereby walvlnl( or Impalrlnl( thla Obllptlon. or the lien or tha MortJCllKO _urlnK It. The OblllfOr hereby expressly usllflll and transrers unto the Obllpo 011 sums 01 monoy payablu under such Insurance claims or condemnstlon proc"dlnp, IIId does hereby Irrevocably nominate. . constitute Ind Ippolnt th" Oblll(eI to act ror the ObllllOr u . true and I.wrul ottom.y rur thn ..,1. lectlon thereol. It Ia lurther expressly understood and arreed t\1at the l'IIIIedles or thla Obllptlon and the ac. company/nl( Mortlf&plor the enlorcement 01 tha payment or the prlnclpal sum hereby securod. tapther with Intarest thereon. and lor the performance or the covenants. conditions and al(t'OG- ments. matters and thlnp herein contained are cumulative .nd concurrent and lIUly be pursued slnl(ly. or succesalvely. or torether at the sole dlacreUon or the Obllree, and may be exerclsod as alten IS occasion therelor shall occur. ' IF THIS INSTRUMENT Ia executed by more than one person u Obllror the .uthorlzaUons. obll. pUons. responslbDltles,lI.blllUes arid waivers or each shall be Joint and several. Whenavur usud. the slnlfu\ar number Ihall Include the plural. the plural the slnlflll... the ..e 01 any I(Bndur .hull Include a1lll1nders, and the words "OblllfOr" and "Obllree" wherever ..ad. sholl Include tholr hul..". executors, admlnlatrators.sucCllllors. vendees or usllP\l. ~ WITNESS Obllpo's band IIId seal this 5 - day or April 19 78 SIGNED~SEA D AND~ELlV it IN THE PRESENCE OF (Witness).. .~4'('t:.; .... ..'1'?:?:.. 00 ooJ,.atr .'R,..i~.... 00' 00' (SEAI.I (Witness ,. 00 . :. . ~ . ... ....................... ~ .~'. .S.~. . . . . . . . . . . . . .. (SEALI (Witness) . . . . . . . . .. .. . . . . . . .. . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 00 .. . 00' (SEAI.I (Witness) .. . . 0 00. 0 . . 0 000 . . 0 .. 0 . . ..0 . 0 . . 0 . . 0 . . 0 . 0 0 0 0 0 0 0 . 0 . 0 . . 0 0 0 0'. 0 0 . . . . 0 0 (SEALI '. '. ,- ,. :., :.. ,:.i. ", .' ,~ ,.::.'.~:. .,.~::~~'t.~~.:. ',.~.!: . I" ,..~ . '" l' ' ~.f' ..' . ~... .,..~1.:.~........ ',', .",..,.~.....-..,'ttJ..... '.::: .\:;.~.I.t;,'f t!;~~ ~.$3r.:.~- ~~~,"~!~~+;:t~::t"l;'~'; .. ". ,'. . .....~. :.::-..-: . ,t '-":",'':.'.'''' ....:;-...,,'~.z- ". .. '-..';,J....:~r..re. -";;,..l,:';,.;r.' ~.~': '.....~. .:' ,:' .: ,..~:..~,~:::'( ,.' :\'~..'. ........~~~.. it . ...... ..... '. ~" ~.~ s ", ~!~.I! r:; ~ I s~j = 1 r. ;='"1 .J, . ..: ~ ~M I~ ~ .... ,.-. -.. ~i ... S ...~ "'a -. , . " . I ... ,. I I I ~ Merldlln Mortg.gl Cc'-::- ~'llIon Two Oevon Square -- 744 WI.t LancI.ter AvenuI . P.O. BOll 8800 Wayne. PA 19087. (SOO) 223-70111. (2HI) 971-ll000 .Meridian Mortgage 1 , f ,..... ~,.. October 12, 1993 - John Il. Starry 1lD 1 Ix 24 New Hechanicsburg, PA 17055 Ila: HHC 10496133 Dear John Il. Starry: IHPORTANT: NOTICE OF HOMEOWNER'S EHEllGENCY MOIlTGAGE ASSISTANCE ACT OF 1983. PLEASE READ THIS NOTICE. YOU HAY BE ELIGIBLE FOil FINANCIAL ASSISTANCE TO~A1lDS YOUR MOIlTGAGE PAYMENTS. Your mortgage is in serious default because you have failed to pay prompt installments of principal and interest, as required. for a period of at least sixty (60) days. The total amount of the delinquency is $6.522.94. 'This sum includes twenty-eight (28) regular monthly payments at $228.64 each, late charges totaling $121.02 and return check fees of $0.00. You may be eligible for financial assistance towards your mortgage payments if you comply with the provisions of the Homeowner's Emergency Hortgage Assistance Act of 1983 (the "Act"). 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 as 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 the date of this nocice. During that time, you have the right to arrange a "face-to-face" meeting with this lender or with a designated consumer credit counseling agency. The purpose of this meeting is to atcempt co work out a repayment plan or to otherwise setcle your delinquency. That meeting must occur within the next thirty (30) days. If you attend a face-to-face meeting with this lender or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days from the date of the meeting. E ''''t B Xli:JI , . c. -- ~ John Il. Starry KHC "0496133 2 October 12, 1993 IHPOIlTANT: PLEASE READ THOROUGHLY I I The name(s) and addressees) of designated consumer credit agencie. in your area can be found on the enclosed l~sting. It is only nacessary to .chedule one face-to-face meeting. You .hould advi.e this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to. face meeting, you have the right to apply for financial a.sistanca from the Homeowner's Emergency Hortgage Asaistance Fund. In order to do this, you must fill out, sign and file a completed Homeowner'. Emergency Hortgage Assistance application with one of the designated consumer credit counseling agencies referred to above. The consumer credit counseling agency will assist you with filling out your application and will .ubmit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to-face meeting. You must 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 listad on the enclosure. It i. extremely important that you file your application promptly I If you do not do ao, or if you do not follow the other time periods set forth in this letter, foreclosure may procaed against your home immediately I Available funds for emergency mortgage assistance ar very limited. They will be disbursed by the agency under the eligibility criteria established by the "Act." It is extremely important that your application be accurate and complete in every respect. The counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the agency of its decision on your application. The PENNSYLVANIA HOUSING AND FINANCE AGENCY is located at: 2101 North Front Street P.O. Box 8029 Harrisburg, PA 17105 (717) 780-3800 (800) 342-2397 (Toll Free) In addition to this Notice, you will receive another notice from this lender under Act 6 of 1974. That notice is called the "Notice of Intention to Foreclose Mortgage." You must read both notices, since they both explain rights that you have under penrisylvania'law. However, if you choose to exercise your rights as described in this Notice, we cannot .. _ .__ 4'_ _ ',. "'." .".._ . "4"_ t. ,.,...., , , ~ ~~ r":;'" John Il; Starry HHC 10496133 3 October 12, 1993 toreclo.e upon you during that time. Al.o, if you receive financial as.i.tance trom the Pennsylvania Housing Finance Agency, your home cannot be tor.clo.ed upon while you are receiving assistance. - Very truly yours, .'--(~~/I~JU~L, . alymo';': Wi~ches er ~ Default Servicing Illl/tmf J 'Merldlan Mortg.ge C~-::-:-:allon Two Devon Square - 744 Will LancaSler Avenue . P.O. Box e800 Wayne. PA 10087 (SOO) 223-7061. (21S) 971-ll000 .Meridian Mortgage .- I ' , . ..:.~' Octobar 12, 1993 - John Il. Starry 283 n. Locust Point Iload Kechanicsburg, PA 17055 Re: HKC 10496133 Dear John R. Starry: IHPORTANT: NOTICE OF HOMEOWNER.' S EHEllGENCY HOB.TGAGE ASSISTANCE ACT OF 1983. . PLEASE BEAD THIS NOTICE. YOU HAY BE ELIGIBLE FOB. FINANCIAL ASSISTANCE TO~ARDS YOUR HORTGAGE PAYMENTS. Your mortgage is in serious default because you have failed to pay prompt installments of principal and interest, as required, for a period of at least sixty, (60) days. The total amount of the delinquency is $6,522.94. This aum includes twenty-eight (28) regular monthly payments at $228.64 each, late charges totaling $121.02 and return check fees of $0.00. You may be eligible for financial assistance towards your mortgage payments if you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act ,of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control and if you meet the eligibility requirements as 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 the date of this notice. During that time, you have the right to arrange a "face-to-face" meeting with this lender or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. That meeting must occur within the next thirty (30) days. If you attend a face-to-face meeting with this lender or with a consumer credit counsaling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days from the date of the meeting. . . (" - (- - '. . , John Il. Starry HHC 10496133 2 October 12, 1993 IMPORTANT: PLEASE \lEAD THOROUGHLY II The name(s) and address(ea) of designated consumer credit agencies in your area can be found on the .nclosed l~sting. It is only nacassary to schedule one face-to-face meeting. You should advisa this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or aft.r your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do thia, you must fill out, sign and file a completed Homeowner's Emergency Hortgage Assistance application with one of the designated consumer credit counseling agencies referred to above. The consumer credit counseling agency will assist you with filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filad 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 listed on the enclosure. It 18 extremely important that you file your applicadon promptly I If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediatelyl Available funds for emergency mortgage assistance ar very limited. They will be disbursed by the agency under the eligibility criteria established by the "Act.," It is extremely important that your application be accurate and complete in every respect. The counseling agency will help you to fill out the appl1cadon. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the agency of its decision on your application. The PENNSYLVANIA HOUSING AND FINANCE AGENCY is located at: 2101 North Front Street P.O. Box 8029 Harrisburg, PA 17105 (717) 780-3800 (800) 342-2397 (Toll Free) In addition to this Notice, you will receive another notice from this lender under Act 6 of 1974. That notice is called the "Notice of Intention to Foreclose Hortgage." You must read both notices, since they both explain rights that you have under Pennsylvania law. However, if you choose to exercise your rights as described in this Notice, we cannot .~..'. ...,.'- _._------~ . . . . John Il. Starry HKC '0496133 c; c .. 3 October 12, 1993 foreclose upon you during that time. Also, if you receive financial us1stance from the Pannaylvania Housing Finance Agency, your 1I0me cannot be foreclosed upon while you are receiving assistance. 1l1l/tmf - Very truly yours, ~ll~'. Default Servicing .',-_.--, __....-.101\._-_.,-'- .... .............., . .', 'Merfdlln Mortg.ge corpo,.(~' Two O.von Squar. . 744 ~..t Lanca.ler Av.nue P.O, Box,II800 . Wayn..PA 19087 (SOO) 223-7081. (21!l) 971-ll000 .Meridian Mortgage . . ~ . October 12, 1993 . John Il. Starry 1lD 1 Bx 24 New Hechanicsburg, PA 17055 Account No.: 0496133 Hortgaged Premises: 1lD 1 Bx 24 New Hechanicsburg, PA NOTICE OF INTENTION TO FORECLOSE MORTGAGE Keridian Kortgage Corporation is the holder of the mortgage on your property described above, or is the mortgage service contractor for such holder. The mortgage is in SERIOUS DEFAULT because you have not made the monthly payments for: JUNE 15, 1991 through SEPTEMBER 15, 1993 at $228.64 per month Late charges have also accrued to this date in the total amount of $121.02. NSF check and other charges have accrued in the total amount of, $0.00. The total amount now ;-equired to cure the default, or in other words, get caught up in your payments, as of the date of this letter is: $6,522.94 You may cure the default within THmTY (30) DAYS of the date of this letter by paying to us the above &IIIOunt PLUS any additional month1.y payments and lata charges which may fall due during this period. Such payment must be in the form of a cashier's check, cartified check, or money order and be made at the office at Heridian Hortgage Corporation, Two Devon Square, 744 Vest Lancas ter Avenue, ~ayne, PA 19087. Payment may be made by mail, but must be received in our office by the time specified by this notice. If you do not cure the default within THmTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatevar 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 i. not made within mmTY (30) DAYS, we also intend to instruct our attorney. to E:::,ihit C I' ~:- . . . ~ F\ . John Il. Starry HHC 00496133 2 October 12, 1993 .tart a law.uit to foreclose your mortgaged property. If the mortgage is forecloaed, your mortgaged property will be .old by the sheriff to payoff tha mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up 1=0 $50.00. However, if legal procaedings are started against you, you will have to pay reasonable attorney's fees even if they exceed $50.00. Any attorney'. fees will be added to whatever you owe us, which may also include our reasonabl.-- -_. costs. IF YOU CURE THE DEFAULT ~ITHIN THE THIRTY (30) DAY PERIOD, 1(OU WIU. NOT BE REQUIRED TO PAY ATTORNEY'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 the thirty (30) day pe'riod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the .heriff's foreclosure sale. You may do so by paying the total amount of the. unpaid monthly payments plus any late or other charges then due, as well a. the reasonable attorney's fees and costs connected with the foreclosure sale. It is estimated that the earliest date that such a .heriff'. sale could be held would be approximately six (6) mDnths from now. A notice of the date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at this number: 1-800-223-7061. This payment must be in the form of a cashier's check, certified check or money order and be made payable to Heridian Mortgage Corporation at the 'address stated on the front of this Notice. You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your intarest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN HONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROIl MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAY HAVE THE RIGHT TO SELL Oil TRANSFER THE PROPERTY. SUBJECT TO THE TE1lKS OF THE HORTGAGE, TO A BUYER OR TRANSFEREE WHO 1I1U. ASSUME THE MOIlTGAGE DEBT, PROVIDED THAT ALL OF THE OUTSTANDING PAYMENTS, CHARGES, AND ATTORNEY'S FEES ARE PAID PRIOR TO OR AT THE SALE. CONTACT US TO DETERKIN' UNDER WNAT CIIlCUHSTANCES THIS RIGHT KAY EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THI1lD PARTY ACTING YOUR. BEHALF. ' i I I I I i",;."""",,'.' fr--' ,~tftl~$,:..f.': . , .~ '.,..' .!.. '.. , . . ~ c: , John R. Starry Hl{C '0496133 3 October 12, 1993 'YOU HAVE THE RIGHT TO ASSERT IN ANY FORECLOSURE PIlOCEEDING Oil ANY OTHER lAWSUIT INSTITUTED UNDER THE KOIlTGAGE DOCUMENTS, THE NONEXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU HAY HAVE TO ANY SUCH ACTION. - If you cure the default, the mortgage will be re.tored to the .ame posicion .. if no default had occurred. However, you are not entiCled to d\i. righc to cure your default more than three (3) times in any calendar year. _ .____...___ _ If you maincain credit life or disability insurance in connection with your mortgage loan, your failure to pay premiUIIIS with your payments may hava already resulted or may result in the future in the lapse or a cancellation of thac insurance by the insurance company. If the insurance lap... or 18 cancelled, reinstaCament of che loan will noC reinstate the insurance, and you will have to apply to the insurance company and q~lify for replacament insurance if you w18h to mainca1n it. If you make partial payments on account of the delinquencies, Meridian may accept them and apply them to the delinquencies. However, .uch partial payments will not cure your default or reinstate your loan unless we receive the entire amount required to cure the default. MERIDIAN HOIlTGAGE CORPORATION ~~ 0tIf.~~Ju;h~ By: Raymona Ilinchester Telephone No.: (800) 223-7061 Certified Hail and Ilegular Hail * * * AVISO IHPORTANTE PAllA !AS PERSONAS QUE HABIAN ESPANOL * * * UTA NOTIFICACION ES DE SUHA IHPOIl'l'ANCIA, PUES AFECTA 50 DE1lECHO A CONTINUAIl VIVIENDO EN SU CASA. SI NO COKPR.ENDE EL CONTENIDO DE ESTA CARTA, OBTENGA UNA T1lADUCCION IKHEDIATAHENTE. , , 'Merldl.n Mortg.ge corpor.l Two Cevon Square - 744 Weet Lancaster Avenue P.O. eo. 11800 Wayne, PA 19087 (800) 223-70111, (215) 971-llOOO .Meridian Mortgage ,- f - . October 12, 1993 - John Il. Starry 283 n. Locut Point Iload Mechanicsburg, PA 17055 Account No.: 0496133 Mortgaged Premises: RD 1 Bx 24 New Hechanicsburg, PA NOTICE OF INTENTION TO FORECLOSE MORTGAGE . . Meridian Mortgage Corporation is the holder of the mortgage on your property described above, or is the mortgage service contractor for such holder. The mortgage is in SERIOUS DEFAULT because you have not made the monthly paymants for: ' JUNE 15. 1991 through SEPTEHBER 15, 1993 at $228.64 per month Late charges have also accrued to this date in the total amount of $121.02. NSF check and other charges have accrued in the total amount of $0.00. The total amount now required to cure the default, or in other words, get caught up in your payments, as of the date of this letter is: $6,522.94 You may cure the default witbin THIRTY (30) DAYS of the date of this letter by paying to us the above amount PLUS any additional montbly payments and late charges whicb may fall due during this period. Such payment IllUSt be in the form of a cashier's check, certified check, or money order and be made at the office at Meridian Hortgage Corporation, Two Devon Square, 744 Vest Lancaster Avenue, Vayne, PA 19087. Payment may be made by mail, but IllUSt be received in our office by the time specified by this notice. If you do not cure tbe default within THIRTY (30) DAYS, we intend to azercise our rigbt to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may 1088 the chance to payoff the original mortgage in monthly installments. If full payment of tbe amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to ,. . . r I: I ,.-" ..' ~-:r 1 John Il. Starry HHC 10496133 2 October 12, 1993 start a lawsuit to foreclose your mortgaged property. If the mortgage is toreclosed, your mortgaged property will be sold by the sheriff to payoff tha mortgage debt. If we refer your case to our attorneys, but you cura the default before thay begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceadings are started against you, you will hava to pay reasonable attorney's fees even if they exceed $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable --- . costs. IF YOU CURE THE DEFAULT VITHIN THE THIRTY (30) DAY PERIOD, YOU VIU. NOT BE IlEQUIRED TO PAY ATTORNEY'S FEES. Ve may also sue you personally for the unpaid principal balance and all other SUlU due under the mortgage. If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent tha sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's faes and costs connected with the foreclosure sale. It is estimated that the earliest date that such a sheriff's sale could be held would be approximately six (6) months frolll novo A notice of the date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at this number: 1-800-223-7061. This payment must be in the form of a cashier's check, certified check or lIloney order and be made payable to Meridian Mortgage Corporation at the address stated on the front of this Notice. You should realize that a sheriff's sale will end your ownership of the mOr1:gaged property and your right to remain in it. If you continua to live in the property after the sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SEU. THE PROPERTY TO OBTAIN HONEY TO PAY OFF THE HQRTGAGE DEBT, OR TO BORROV HONEY FIlOM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU KAY HAVE THE RIGHT TO SEU. OR TRANSFER THE PROPERTY, SUBJECT TO THE TERMS OF THE HOIlTGAGE. TO A BUYER OR TRANSFEREE WO VILL ASSUME TIlE HQIlTGAGE DEBT, PROVIDED THAT ALL OF THE OUTSTANDING PAYMENTS, CHARGES. AND ATTORNEY'S FEES ARE PAID PIlIOR TO OR AT THE SALE. CONTACT US TO DETE1lHlNE UNDER VllAT CIRCUMSTANCES THIS IlIGHT HAY EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THI1lD PARTY ACTING ON YOUR BEHALF. ,----.---..,...-...- .-.,.--,...,..',.. r-........'""'., -~..~ It".-'.," .. , , . (--, ',' .- r-- ..:,. , , . ,. John Il. Starry HHC 10496133 3 October 12, 1993 YOU HAVE THE \lIGHT TO ASSERT IN ANY FOIlECLOSU1lE PIlOCEEDING OR ANY OTHER UIlSUIT INSTITUTED UNDER THE MOIlTGAGE DOCUHENTS, THE NONEXISTENCE OF A DEFAULT Oil ANY OTHER DEFENSE YOU HAY HAVE TO ANY SUCH ACTION. If you cure the default, the mortgage wi!l be restored to the same position a. if no default had occurred. However, you are noc enticled to this right to cure your default more than three (3) times in any calendar year. If you maintain credit life or disability insurance in connection with your mortgege loen, your failure to pay premiums with your payments may have already resulted or ID4Y result in the future in the lapse or a cancellation of chat insurance by the insurance company. Ii the insurance lap... or is cancelled, reinstatement of the loan will noC reinstate the insurance, and you will have to apply to the insurance company and qualify for replacemant insurance if you wish to maintain it. If you make partial payments on account of the delinquencies, Meridian may accepc them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan unless we receive the entire amount required to cure che default. KERlDIAN KOIlTGAGE CORPORATION ~~.$pu~~ By: Ilaymona ~inchester Telephone No.: (800) 223-7061 Certified Hail and Ilegular Hail * * * AVlSO 1KP0llTANTE PARA LAS PERSONAS QUE HABLAN ESPANOL * * * ESTA NOTIFlCACION ES DE SUHA IKPORTANClA, PUES AFECTA SU DERECHO A CONTINUAIl VIVlENDO EN SU CASA. SI NO COKP1lENDE EL CONTENIDO DE ESTA CARTA, OBTENGA UNA TRADUCCION lHHEDlATAMENTE. ...'.. "O'!), r:': ,. ~:'. :'.... ;',' .:.- , ..,. f OfF::, ' ro' ~rR 'I 13:.; 3 .,,1 ~ I ", rl i':'li" ,;,j., ~ ~ @IV , ( . t"","'~"'" , "'].:'~:i I . . IH THE COURT or COMMON PLEAS or CUMBBRLAND COUNTY, PENHSYLVAHIA MERIDIAN BANK, Successor in interest to Hill Financial, S.A. , 'f j~ No. 94-1623 , ~ , Plaintiff vs. ,~ ,t ~. } civil Action - Law JOHN R. STARRY, Defendant RULE TO SHaH CAUSE AND NOW, this / U day of If1:ti 'JIUJ'lfI ' 1995, upon the Petition of Meridian Bank, a RULE is hereby issued upon Defendant, John R. Starry, to show cause why an Order should not be entered determining the lien priority of Plaintiff's judgment in the within proceeding in accordance with said Petition. y-.p .tu... .If_.: d/'L ".<-. This RULE is RETURNABLE the ::}n rL day of 1)J /.i /)./1.1- , H _ cd; /0: C/~ Clln. ...I./n elC #- 'I e. (!, f('7-uUl"U<l.L--~~ n. 1995. Failure to respond by that date may result in the relief ' requested in the Petition being granted. BY THE COURT -?( 44 Attorneys for Plaintiff: J. Karen Feryo Longenecker, Esquire Bingaman, Hess, Coblentz , Bell 660 Penn Square Center P.O. Box 61 Reading, PA 19603 John R. Starry 283 North Locust Point Road Mechanicsburg, PA 17055 c....~ ~ ~1,/'1s' ..J"i'. '0851.1 '. t~..............., ", ....... . . . .. IH TBB COURT 0.. COJOCON PLBAS 0.. CUMBBRLAHD COUNTY, PBHHSnNUIA MERIDIAN BANK, Successor in : interest to Hill Financial, . . S.A. , : No. 94-1623 Plaintiff . . vs. : : civil Action - Law JOHN R. STARRY, . . Defendant . . 1'-1 ORDBR day of , 1994, upon ereby ordered, determined, the Petition of Bank, i adjudged, and decreed lien of the judgment rendered in the within proceeding relates back in lien priority to the mortgage given as security for the within debt dated April 3, 1978. IT IS FURTHER ORDERED, determined, adjudged and decreed that execution issued on the within judgment shall divest liens junior to the mortgages recorded at Mortgage Book Volume 639, page 149, ~ sea., Cumberland County Records. COURT Attorneys for Plaintiff: J. I}/I Defendant Pro Se: Karen Feryo Longenecker, Esquire Bingaman, Hess, Coblentz & Bell 660 Penn Square Center P.O. Box 61 Reading, PA 19603 John R. Starry 283 North Locust Point Road Mechanicsburg, PA 17055 101".1 , , '. . , IN THB COURT OP COMMON PLBAS OP CUMBERLAND COUNTY, PBHHSYLVANIA MERIDIAN BANK, Successor in I interest to Hill Financial, . . S.A. , . No. 94-1623 . Plaintiff . . vs. I . Civil Action - Law . JOHN R. STARRY, . . Defendant I lOIS'.1 PETITION OP MERIDIAN BANK TO ESTABLISH JUDGMENT LIEN PRIORITY 1. Petitioner, Meridian Bank (the "Bank"), is the Plaintiff in the above proceeding. 2. On June 2, 1994, Meridian Bank obtained judgment by default in the within proceeding, based on Defendant's obligations to the Bank under a promissory note dated April 3, 1978, a copy of which is attached to the Bank's Complaint as Bxhibit "A" (the "Judgment") and incorporated herein by reference. 3. The obligation of the Defendant to the Bank under the Note has been, from the date of its execution, and remains, secured by a mortgage granted by Defendant to Cumberland Valley Savings and Loan Association dated April 3, 1978, and recorded on April 3, 1978 at Mortgage Book Volume 639, page 149, ~ sea., Cumberland County Records, encumbering certain real estate in Silver Spring Township, Cumberland County, PA, as more fully described therein (the "Mortgage"). 4. Plaintiff is Meridian Bank, a Pennsylvania banking corporation with its principal office at 35 North Sixth Street, '. , . Reading, Pennsylvania, successor to Hill Financial Savings Association, predecessor in interest successor by merger to Cumberland Valley Savings and Loan Association. Pursuant to the provisions of Article XI of the Savings Association Code of 1967, Act No. 345, Articles of merger were filed with the Pennsylvania Department of State, and State Capitol Savings and Loan Association merged with Red Hill Savings and Loan Association to become Hill Financial Savings Association. Hill Financial savings Association was placed in receivership by order of the Office of Thrift Supervision dated October 12, 1989. The aforesaid order appointed the Resolution Trust Corporation as Receiver. Pursuant to authority granted under the Financial Institution Resource, Recovery and Enforcement Act, the Receiver, by agreement dated October 13, 1989, transferred certain assets, obligations and liabilities of Hill Financial Savings Association to Meridian Bank, including, without limitation, the Mortgage and Note described herein. 5. By virtue of the fact that the Judgment in the within action relates to the Note which accompanied the Mortgage, the lien of the within Judgment should be determined to relate back in lien priority to the date of the Mortgage. Execution based on the within Judgment should divest all liens junior to the lien of the Mortgage. Ladner, Convevancinq in pennsvlvania, Rev. 4th Ed., Sec. 12.14, citing First Fed. Sav. & Loan Ass'n. v, Porter, 408 Pa. 236, 183 A.2d 318 (1962). 1015',1 l . fi , , , .. .,-,-..,. , . , . WHBRBFORB, Meridian Bank requests this Honorable Court to enter an Order, substantially in the form of the proposed Order attached hereto, establishing that the lien priority of the Judgment entered in the within proceeding relates back to April 3, 1978, which is the date of the underlying Mortgage, and determining that execution based on the said Judgment shall divest all liens junior to such Mortgage. Dated: 1015'.1 ,. r L ! f I . MERIDIAN BANK, . . Plaintiff : : VS. : I JOHN R. STARRY, : Defendant . . ,.,;..~: .-,i-~!~....:_~ , . ~ t I I I I . . . . '. !',;,,' IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA li ~ ~ ~~~~~ ... .- : -. , ,'; ~~ ;~ " =:r. -< No. 94-1623 Civil Term ,- ~..:;, '. '-- c: :z CIVIL ACTION - LAW,';";" , ....... " ., ,. . !... ,., lJ1 ;j!,: ~ ~ ".;.. --:.1- - ....( -<'; c..o ... PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD TO THE PRO'l'HONO'l'ARY I Kindly enter judgment in favor of the plaintiff, Meridian Bank, and against the defendant, John R. Starry, for failure to plead to plaintiff's Complaint as follows: (b) (a) Unpaid principal: $ 10,295.07 Interest at the rate of 8.75' per annum to 6/01/94 ($2.50 per diem): $ 2,780.00 (c) (d) Late charges at the rate of 4' per delinquent monthly payment as provided in the Note: $ 127.74 Attorney's commission at the rate of five (5') on the unpaid principal balance, said rate representing reasonable attorney's fees under Pennsylvania law and authorized by the Note: TOTAL : S 514.75 $ 13,717.56 together with interest thereon from the date of judgment forward at the rate of 8.75' per annum ($2.50 per diem) with the lien of such judgment relating back in priority to the date of the lien of the Plaintiff's Mortgage and all costs of this action. Exhibit A ,T:-:"~""".J'--,"'," >.':,.,-,~,_ . . . . I hereby certify to the best of my knowledge and belief as follows: 1. The plaintiff's true and correct address is 35 North sixth Street, P.o. Box 1102, Reading, Berks County, Pennsylvania 19603. 2. The true and correct address of the Defendant, John R. Starry is 283 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Dated: June 1, 1994 Esquire ti. ...11I*..,. .,'~' :O,.....'.'. .;,-.'-,-,.,=:-"," . '''.''-. , . ",~,~,,,,<,-,,,.',~,:,,",i'<';'~\f.""t,,. '." ,'", . ";-..;"'-i'.....r....,--:,.. . ...,;.. ,...-'..' '..',.,',.......,:--, ' '., , . , . MERIDIAN BANK, I Plaintiff I I VS. I I JOHN R. STARRY, . . Defendant . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1623 Civil Term CIVIL ACTION - LAW The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, John R. Starry, in this matter was mailed to the defendant after the default occurred and at least ten days prior to the filing of the praecipe for entry of judgment pursuant to Pa. R.C.P. 237.1. A true and correct copy of that notice is attached hereto as Exhibit A and made a part of this certification. BELL 19603 377 . , . , :Dr TJDI COURT 01' cn-O. l'LUB 01' CtJllllqr,IW COUJl'lY, l'BD8YLnBD No. 94-1623 Civil Term MERIDIAN BANK, . . Plaintitt . . . . va. . . . . JOHN R. STARRY . . Detendant . . CIVIL ACTION - LAW ACTION TO: John R. starry 283 North Locuat Point Road Mechanicaburg, PA 17055 Date: May 3, 1994 IKPOR'l'ANT RO'l'ICB YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS PROM THE DATE OF THIS NOTICE, A JUDGMEH'l' MAY BE EN'l'ERED AGAINST YOU WITHOUT A BEARING AND YOU MAY LOSE YOUR PROPERTY OR U'J.'lUU( 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. ' Lawyer Referral Service Court Administrator 4th Floor, cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 & BELL, P.C. By: cc: Thomas Schreck - Meridian Mortgage (MMWH) GENIC - Acct. No. 4004264746 ..... A 3. She has ascertained investigation and makes ation by personal e authority. , . . , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN BANK, Plaintiff No. 94-1623 Civil Term VB. CIVIL ACTION - LAW JOHN R. STARRY, Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS . . . . ss. . . Karen Feryo Longenecker, to law, deposes and says that Plaintiff herein, and as such Esquire, being duly sworn according she is counsel for Meridian Bank, states the following: 1. The defendant, John R. Starry, is not, to her knowledge, in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The defendant, John R. Starry, is more than 21 years of age and has an address of 283 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Sworn to and subscribed before me this 14t day of June, 1994 TYla&r-). -PA~hAd NclartaI Seal l . ~SJ:'9.~~ ,...eo.,...iSSion EliIftsJ.re3l. 1997 :':;i~, :-~'\;Od By: Deputy Prothonotary f. .. . , June , 1994 Mr. John R. Starry 283 North Locust Point Road Mechanicsburg, PA 17055 ReI Meridian Bank, Plaintiff vs. John R. Starry, Defendant No. 94-1623 Civil Term Cumberland County Court of Common pleas Dear Mr. Starry: Meridian Bank this date has entered judgment against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the amount of $13,717.56 together with interest at the rate of 8.75', from the date of judgment forward and costs of this action with the lien of such judgment relating back in priority to the date of the lien of the Mortgage. This judgment was entered to No. , Cumberland County Court of Common Pleas. Lawrence B. Welker, Prothonotary Court of Common Pleas Cumberland County, Pennsylvania >~'-., ..' '. .. -. COMMONWEALTH OF PENNSYLVANIA I : 88. COUNTY OF BERKS I Donna Weyandt, being duly sworn according to law, deposes and says that she is a representative of Meridian Bank, Plaintiff herein, that she is authorized to execute affidavits on Meridian Bank's behalf, and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. -DMwn'K,~~ 'Sp-r...\ l<l~' I '14.,.k~ Sworn to and subs ribed before ~~ this b~ ~"Of..ll\1ua ,'''' ~ 'CJ()~~ Notary Public NOlmlel Seal V1cId L, Rolle., Notary Publ1c Readlno, Ber1<s County My Commission Exoires July 27, 1998 W...nbuI,Pems)'iill 1'''''''O''''''lolNolatIllS 1015'.1 , . gl I @l r:( . CIl ~. '~j~ ~ i~ 1,<. !i ~~ , Il~ ~ !I ~;l1< ;! ~ , ':;j I ~B ~ I] :I: ~I ~ . ~CIl p:: ~i I . ~ ~ ~ ,~ !!! g .., .- '. . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN BANK, Successor in . No. 94-1623 . interest to Hill Financial, . . S.A. , I Petitioner . . . CIVIL ACTION - LAW . vs. . . . . JOHN R. STARRY, . . Respondent . . ORDER AND NOW, this .ztd day of M~cJr , 1995, upon consideration of the Petitioner's Motion to Establish Judgment Lien Priority, and no responsive pleading having been filed by the Respondent to the Rule granted February 1, 1995, it is hereby ORDERED, that said Rule is made absolute and, it is hereby ordered, determined, adjudged and decreed that the lien of the judgment rendered in the within proceedings relates back in lien priority to the mortgage given as security for the within debt dated April 3, 19781 IT IS FURTHER ORDERED, determined, adjudged and decreed that execution issued on the within judgment shall divest liens junior to the mortgages recorded at Mortgage Book Volume 639, page 149, et sea., Cumberland County Records. , J. _J .! !!,';I off lOr. Of .lIt ,"lHOH~r ~ I;UHUfh.A'Hl OD::!l\ yY PEHH~'f; ';'/"1"\ J ~~ '! ~ a-o."l'I) f~ ~Q ~,i '" ,~ ~ri ~~ HAR Z \0 34 AM '95 I~ . .--,-_.....-=..-., '.-.-'-, ;."'"..~~,~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN BANK, Successor in . No. 94-1623 . interest to Hill Financial, . . S.A. , . . Petitioner . . . CIVIL ACTION - LAW . vs. : : JOHN R. STARRY, . . Respondent . . MOTION TO MAKE RULE ABSOLUTE The Motion of Petitioner, Meridian Bank, Successor in interest to Hill Financial, S.A., by and through its attorneys, Kevin W. Rethore, Esquire and Bingaman, Hess, Coblentz & Bell, Esquires, respectfully represents: 1. On January 27, 1995, Petitioner filed a Petition to Establish Judgment Lien Priority in this proceeding. 2. A Rule was granted by the Court upon the Respondent to show cause why the Motion should not be granted, said Rule returnable to be heard March 2, 1995, at 10:00 a.m., at the Cumberland County Courthouse. 3. The Respondent has not filed or served any answer or other pleading in response to said Motion. WHEREFORE, the Petitioner requests this Court to enter an Order making the Rule absolute and it is hereby ordered, determined, adjudged and decreed that the lien of the judgment rendered in the within proceedings relates back in lien priority to the mortgage given as security for the within debt dated April 3, 1978: . IT IS FURTHER ORDERED, determined, adjudged and decreed that execution issued on the within judgment shall divest liens junior to the mortgages recorded at Mortgage Book Volume 639, page 149, At ~., Cumberland County Records. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By evin W. Rethore, Esquire 660 Penn Square Center P.O. Box 61 Reading, PA 19603 Attorneys for Petitioner .-".~ p"- .' . IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA MERIDIAN BANK, Successor in interest to Hill Financial, S.A. , Petitioner No. 94-1623 CIVIL ACTION - LAW vs. . JOHN R. STARRY, Respondent I I CERTIFICATION OF ADDRESSES I, Kevin W. Rethore, Esquire, counsel for Plaintiff, certify that the addresses where papers are to be served in this action are as follows I Kevin W. Rethore, Esquire Bingaman, Hess Coblentz & Bell P.O. Box 61 Reading, PA 19603 Attorney for Plaintiff John R. Starry 283 North Locust Point Road Mechanicsburg, PA 17055 Defendant Pro Se Kevin W. Rethore '~-;"~@~iz~~Ii'--,;{#87~i):':" - ,,v' 'd BINGAMAN, BESS, COBLENTZ & BELL, P.C. BYI Karen Feryo Longenecker, Esquire Identification No. 47093 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff IH THB COURT OP COMMOH PLEAS OP CUHBBRLAlfD COUHTlr, PBHHSlrLVARIA MERIDIAN BANK, Successor in . . interest to Bill Financial, . . S.A. , . No. 94-1623 Civil Term . Plaintiff . . vs. I I Civil Action - Law JOHN R. STARRY, . . Defendant . . PROOF OF SERVICB COMMONWEALTH OF PENNSYLVANIA: : 55. COUNTY OF BERKS . . I, Karen Feryo Longenecker, Esquire, of Bingaman, Bess, Coblentz and Bell, counsel for the Plaintiff, being duly sworn according to law, deposes and says that on February 2, 1995, she served a true and correct copy of Meridian Bank' s Petition to Establish Lien Priority upon the following individual: John R. Starry 283 North Locust Point Road Mechanics urg, P 17055 Not.1rtaJSe3I LIsa M, 1lect1tlll, Not,1Iv Nllc Re,xIng, Ilo!I<sCo'Jr1fo1 My CommIssioii E>-pJro" .' 10, 1997 :QOUQr, nnn,w...... ;.........." ~ - ~ ~.~- ::;- ~ en 1J'l C'..l :;J ::0 ""' -- IN 'mE axJRl' OF ~ PLEAS OF CltIBERLAND cnJNl'l(, PE1N>YLVANIA CML DMSIOO Meridian Bonk, successor in interest to Hill Financial, S.A.. Plaintif.ff File No. 94-1623 Amount Due 13,717.56 Interest from June 1, 1994 forward At ty' s Ccmn Costs John R. Starry, Defendant 'IO THE PRCmlOtorARY OF THE SAID COURT. The undersigned hereby certifies that the below does not arise out of a retail installnent sale, contract, or account based on a confession of judgnent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 liS !IIT1E!ndedl Bnd for real property purSUBnt to Act 6 of 1974 as !IIT1E!nded. PRAEX:IPE FOR EXECl1l'lOO Issue writ of execution in the llbove matter to the Sheriff of Cumberland County, for debt, interest Bnd costs upon the following described property of the defendBnt(s) real property located at 382 Locust Point Rood, Silver Spring Township, Cumberland County, Penn. - Defendant John R. Starry has an address of 283 N. Locust Point Rd., Mechanicsburg, PA 17055 PRAt:X:IPE FOR ATl'J\Ctt1ENl' EXEx:t11'IOO Issue writ of attachrrent to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the llbove-n!ll11ed garnishee(s) for the following property (if real estate, supply six copies of the description I supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee( s) as a lis pendens against real estate of the defendant(s) described in the attllched DATE. March 10, 1995 Signature. Print Narre Esquire Address. P.O. Box 61 Reading, PA 19603-0061 Attorney for: Plaintiff Meridian Bank Telephone. (610) 374 8377 Suprerre Court 10 No.. 47093 . 1:- , " ~..',,, "'hi';: 4t;l~'~.. . Notes I If real property, supply six copies of description including ilrproverrents and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. { l i i ; Cl 0 . .-J ~ :L>- 1l. 1- 1L 1L B. j j .. 4f ~., = ,.,r 8 0 ~ "'- ,",Ie,.)",f 8 0 CD ~;.r.l ~ -' 0 ~ 0 """oc'..: l!) .... 11_~<.J'- . -. -' ("f') o~,' ~:,_J to -::r- . '~_) ;: _r.:.~ C1l . - I!) - r) . ,,~, ,r "J - N') -:r _ j tdl,l~,J: r4f ;;r 0- ..""..1...... \l!1 0- ~: ;J:n. '# ~ OJ ' . oc...~ 00 ~ '" c::2 0- ";t n n ~ j '" ~ :ll u !:l ~. .!:j !:j ~ ~ I ; :l i~ . :;:l I i~~ Ul III ~ 011 1Ill3< I . ~ ~ ~ !:l~ ~..< .~ e 8i~II~1 i.~ . U M I N 10;\ '1I1~1 \D ... I~ ~ T ~ ~ ~ ~ ~ I .... ~ O'l . ~! 'I I . :i! II: I ~ .s . ~ ~ I 0 z iii -" . .. '" . ....'. - .,',. '. . BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for plaintiff Meridian Bank IN ~B~ COURT OF COMMON PLEAS OF CtlMBERLA.'m COUNTY, PENNSYLVANIA MERIDIAN BANK, in interest to S.A. successor Hill Financial, . . : No. 94-1623 Civil Term . . plaintiff . . : vs. . . . . CIVIL ACTION - LAW JOHN R. STARRY, Defendant . . . . ~~~ICE C? SHER~F?'S S~~E OF REAL PROPERTY TO: JOHN R. STARRY 283 North Locust Point Road Mechanicsburg, PA 17055 Your real estate located at 283 Locust point Road, silver Spring Township, Cumberland County, Pennsylvania, is scheduled to be sold at Sheriff's Sale on June 7, lS~5 at 10:00 a.m. in the Commissioner's Hearing Roo~, 2nd Floor, cumberland County Courthouse, Carlisle, Pennsylvania to enforce the court judgment of $13,717.56, obtained by Meridian Bank against you. NOTICE OF Ol~ER'S R~GSTS Y"U 1,:';.7 BE ABLE TO PREVENT THIS SHERIFF' S SALE 1. The sale will be canceled if you pay to Meridian Bank, the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Karen Feryo Longenecker, Es~~ire at (610) 374-8377. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You m~y also be able to stop the sale through other legal proceedings. . p . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff'c Sale is not stopped, your property will be sold to the highost bidder. You may find out the bid price by calling the Sheriff of Cumberland County at (717) 240- 6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. 1= the amount due from the buyer is not paid to the Sheriff, you will =c~ai~ the owner of the property as if the sale never happened. 5. You ~ave a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff a~?roximately 30 days after the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed di&tribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed. , 'C,' ~ C -~_.- , -. 7. getting sale. You may also have other rights and defenses, or ways of your property back, if you act immediately after the YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT HHERE YOU CJ>.~ GET LEGAL HELP. Lawyer Referral Service Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 BING By: Z & BELL, P.C. '-'" sn ~:- ..1'~; ::c ...,I'-~, ,...f 0- (;, {~~~: r to 0.: :; f~;' :' t (1"\ II... .1:"''1-' ";, ':-;r .! ("'t') ,I, ' ...~ ' : ".: _1 ~.~ .f..'"",~.~ -=- ; l,~~;j - "';~~r.':' 0: ;;) -.. O~~. = . () .S I ~ III ~ . S :t:l 1 () 011 r:l . rl Ihliil i~ ~~~ ~ ~ ~ tIl~ tIl ~ ()~ ::l.-l I ~I~ ~~~ Ill.::! ~ i.~ I J: ~;I ~ !I l"l {)i ~ l < ~ N '" ~~ ~ tJ~ I . .... II: Cl '" :E I . ~ ~~ z . iii ~ .8 g ... ~ , . ... - - .. 4 .... . , -. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Eaquir~ Identification No. 47093 660 Penn Square Center 601 Penn street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff Meridian Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN BANK, in interest to S.A. . . successor Hill Financial, . . No. 94-1623 Civil Term . . . . . . . . Plaintiff vs. . . JOHN R. STARRY, Defendant : CIVIL ACTION - LAW : ~FIDAVIT PURSU~~T TO RULE 3129 Meridian Ba::k, Plaintiff in the above action, sets forth as of March 8, 1995 the following information concerning the rGal estate known as 283 Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania: 1. Name and address of owner or reputed owner: JOHN R. STARRY 283 North Locust Point Road Mechanicsburg, PA 17055 2. Name and address of defendant in the judgment: JOHN R. STARRY 283 North Locust Point Road Mechanicsburg, PA 17055 "" -, . 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: ROBERT Z. STARRY c/o Charles E. Shields, Mellon Bank Bldg. 2 W. Main Street Mechanicsburg, PA 17055 ROBERT Z. STARRY 1354 Kiner Blvd. Carlisle, PA 17013 LAURA F. STARRY Esq. c/o Charles E. Shields, Mellon Bank Bldg. 2 W. Main Street Mechanicsburg, PA 17055 Esq. LAURA F. STARRY 1354 Ki:ler Blvd. Carlisle, PA 17013 PENNSYLVANIA POWER & LIGHT PENNSYLVANIA POWER & LIGHT COMPANY COMPANY c/o Arthur M. Fe1d, Esquire 1801 Brookwood 1309 Bridge Street Harrisburg, PA 17101 New Cumberland, PA 17070-1116 4. Name and ac~ress of the last recorded holder of every mortgage of record: MERIDIAN Bk~K,successor in interest Hill Financial, S.A. 35 North Sixth Street P.O. Box 1102 Reading, PA 19603 PENNSYLVANIA HOUSING FINANCE AGENCY 2101 N. Front Street Harrisburg, PA 17101 5. Name and address of every other person who has any recorci lien cu the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. ,~'-; """""'" ~,..,,~ '-, ';.', '."'~"""".""""'"'"'''-''''''..',...''' ,-"q.--,...., ....- , ~ . . -" . ~ . 7. plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property None. 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. Section 4904 relating to unsworn falsification to authorities. Dated: March 13, 1995 By: a-quire Bnm Z & BELL, P.C. ......"-'-.'~,~.--...,.---""-._,-.. $ >- - ~~ ...", :-= 1IIt;=:;~1" c-- (..) ~ .,:':'!'" co r..:o(..o:; ,.., a. :!:.O-.J ,;-,t:::-;.r;;.. ("t') . ~.~.....~ '::;', ...,J,,,. \j '-~~x -:r :- ~ (;.)W __ .~ r; :t'.o... co:: ...'" :i! 0<> {J .!:l ll-I ~o en I .!:l ~ ,I.J N I ... l"'l ~~ j .~ i ~.-t 011< 21 ~ II) ~ ~ {J~ ~ ~ I ~~ I ~~ l"'l I.~ N \D ... I~ I I E-t ... 0 ~~ en :a ~ s 0 ~ ~ .8 . I ~ . ' . .. -.. .. -... . -, ~ . LEGAL DESCRIPTION No. 94-1623 Civil Term Judgment Amount: $13,717.56 Karen Feryo Longenecker, Esquire BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN lot of ground situate in the Village of New Kingstown, Township of Silver Springs, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stone on the line of lot formerly of David Baker, nor of Virginia B. Grandon, on ths public road leading from the Turnpike to the railroad station; thence along said lot formerly of David Baker now of Virginia B. Grandon, West 200 feet to a stake; thence along lot formerly of Reverend S. C. Eshleman, now of Heisey Northward 75 feet to a stake; thence along lot formerly of Willis Armstrong, now of Russell Potteiger, Eastward 200 feet to a stake; thence along said public road Southward 75 feet to the place of BEGINNING, HAVING thareon erected a two story frame house, stable and necessary outbuildings. BEING the same premises which Daniel Ritter, Widower, by his deed dated April 3, 1978 Q~d recorded on April 3, 1978 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 27, Page 399, granted and conveyed John R. Starry. ~ _ ~Jo' _ ..1.... _ ._;r, a.- """"):.).' a::t ~.::--l:' ~'" C'Tt ,~C~(.. ,'~ u,. ,:(l <~ M :-:.".':.1",) ~?~~ -::r- - ,~..; l...:r _ ".'-cc:....J .,.;i','" tII:: ~ ~ '0(.... f:l ~ . .~ "" .~ ~ ~ I !~ I;] "" uifJ" 2! f:l~ g ~ ~ U1~ i~ ~ ~ I ~ I is I ~ ~ I~ . ~ ~ ~ II:: . ~ ~ ~ I -'. ".' -,." .,' ~~~."f<t:.;...:.~~ r r . ;. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff Meridian Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COtTtl'TY, PENNSYLVANIA MERIDIAN BANK, in interest to S.A. . . successo= Hill Fina::lcial, . . No. 94-1623 Civil Term . . Plaintiff . . . . vs. . . : JOHN R. STARRY, Defendant . . CIVIL ACTION - LAW . . :r:100F OF S~RVICE COMMONWEALTH OF PE~NSYLVF~IA: : ss. COUNTY OF BERKS . . Karen Feryo Longenecker, Esquire being duly sworn according to law, depos~s and says that she mailed a Notice of Sale of Real Property, in the above-captioned execution proceeding, on March ~, 1995 by first-class mail, to the following addressed as follows: ROBERT Z. STARRY c/o Charles E. Shields, Mellon Bank Ble;. 2 W. Main Street Mechanicsburg, PA 17055 LAURA F. STARRY Esq. c/o Charles E. Shields, Mellon Bank Bldg. 2 W. Main St=eet Mechanicsburg, PA 17055 Esq. ROBERT Z. STARRY 1354 Kiner Blvd. Carlisle, PA 17013 L.l\URA F. STARRY 1354 Kiner Blvd. Carlisle, PA 17013 PENNSYLVANIA POWER & LIGHT PENNSYLVANIA POWER & LIGHT COMPANY COMPANY c/o Arthur M. Feld, Esquire 1801 Brookwood 1309 Bridge Street Harrisburg, PA New Cumberland, PA 17070-1116 , , ~ r.~.' -,~" ' ., ,'k."....",".'". '._,.,"_,.,..,...."""""'_..H""~.'...,, W......,.~JJIl .. PENNSYLVANIA HOUSING FINANCE AGENCY 2101 N. Front Street Harrisburg, PA 17101 True and correct copies of the Notices are attached hereto as Exhibit A. True and correct copies of the Certificates of Mailing are attached hereto as Exhibit B. By: & BELL, P.C. BING Sworn to apd subscribed before me this /3CJiL. day of March, 1995. 171 (L'iff<:~' J3tl';ilJ/ Nclt\fIaISoaI Mary S, RJcx:it" Nob.oy NliIc ReaOrw,], Ben<s ~ My Ccm11i6s101l e"piles JUlIO:!Q, 1997 .... -,:..'.:'..,.< r , , ,~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Icentification No. 47093 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 196J3-0061 (610) 374-8377 Attorney for Plaintiff Meridian Bank I~ Tn COu~T OF Cu....oiOH PLEAS OF cmm;;:~"D CGUHTY, P~:-.il'SYLVUIA MERIDIAN BA.~K, i:J, interest to S.A. successor Hill Financial, . . . . . . No. 94-1623 Civil Term Plaintiff va. JOHN R. STARRY, Defendant CIVIL ACTION - LAW N~=:CE OF SHERIF?'E SALE OF REAL PROPERTY TO: Robert Z. Starry c/o Charles E. Shie~ds, III, Esquire Mellon Bank Building 2 W. Main Street Mechanicsburg, PA 17055 T~e real estate on which yeu have ~ lien knewn as 203 North Locust Point Road, Silver Spring Township, Cumberlanc County, Pennsylvania, is scheduled to be sold at Sheriff's Sale on June 7, 1995 at 1e.aO a.~. in the commissioner'S Hearing Room, 2nd Fle~r, Cumberland Ceunty Courthouse, Carlisle, Pennsylvania to enforce the court judgme~t of $13,717.56 obtained by Meridian Bank against Joh~ R. Starry. NOTIC~ OF L::::':OLDER'S RIGHTS YOU ~Y ~~ AQ~ TO P~~.~NT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to the Bank the ~ack payments, late cr.~=ges, cests and reasoneble attorneys' fees due. To f~~~ out how much you must pay, you may call: Karen Ferye Longeneckar, Esquire at (610) 374-8377. 2. Yeu rr.ay be able to stop ~he sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. f~':-~"'- . ,. , I , 3. You may also be able to stop the sale through other legal proceadinqs. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the 9~le. (See notice on paga three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE THE PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, the property will be sold to the highest bidder. You u-ay find out the bid price by calling the S~eriff of Cu~berlan~ County at (7~7) 240-6390. 2. You may be able to petition the Court to set aside tha sale if the bid price was sross:~ inadequate compared to the value of the property. 3. The s~le will go through only if the buyer pays the Sheriff the full amount due in the sale. To f~nd out if this has happened, you may call the Sheriff of Cl....~erland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriffr the ~efendant ~ill remain the owner of the pro~arty as if the sale r.ever happened. 5. The Def~~:ant will have a right to remain in possession of the propert~ until the full amount d~e is paid to the Sheriff and the Sheriff s~ves a deed tc the buyer. At that time, the buyer may bring legal proceedings to evict the defendant. 6. You may be e~titled to a share of the money which was paid for the property. A schedule of distribution of the money bid for the prc~~rty will r~ f~:ed by the S~eriff approximately 30 days afte= the sale date. This schedule will state who will be receivins that money. The money will be paid out in accordance with this schedule unless exceptions (reas~~s why the propoe~d distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule is filed. ,-,..---',.... -- r , , j 7. You may also have other rights and defenses, or ways of protecting your lien, if you act immediately af'Cer the sale. YOU SHOU!.D TAKE THIS PAPER TO YOUR LA....YER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHErtE YOU CAN GET LEGAL HELP. Lawyer Referr~l Service Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 BING By: Kar & BELL, P.C. ~.~'-'" ' r , I .. BI~~~~, HESS, COBLENTZ & BELL, P.C. By: Karen Fo=yo Longenecker, Esquire Identificaticn No. 47093 660 Penn Square Cen~~r 601 Penn Street P.O. Box 61 Reading, PA 1~503-0061 (610) 374-8377 Attorney for Plaintiff Mer:.dian Bank IN THE COURT OF C~t~~N PLEAS OF CtlMBERLAHD COUNTY, PENNSYLVAHIA MERIDIAN B~:K, in interest. to S.A. successor Hill Financial, . . . . No. 94-1623 civil Term Plaintiff va. JOHN R. STJl_'mY, Defendant CIVIL ACTION - LAW NOTICE OF SSERIFF'S SJl~ OF R3~~ PROP~RTY TO: Laura F. Starry c/o Charles E. S~ields, III, Esquire Mellon Ban~ Building 2 W. MaLi Street Mechanicsb~rgt PA 17055 The real e~tate en which yc~ have a lien known as 283 North Locust Point P.oad, Silver Spring Township, Cumberland County, Pennsyl~~nia, is scheduled to be sold at Sheriff's Sale on June 7, 1995 at 10:00 a.m. in the Commissioner's Hearing Room, 2nd Flcor, Cumberland County Cou~thouse, Carl:.sle, Pennsylva~ia to enforCe the court j~dgrr.ent of $13,717.56 obtained by Meridian Bank against John R. Starry. NOTICE OF LIE.iaOLDE~'S ~IGATS YOU }~7 E~ ABLE TO P~~~ TXIS SH~aIrF'S S~7.~ 1. The sale will be canceled if you pay to the Bank the back payments, late cr-arges, costs and reasonable attorneys' fees due. To fi~d out how much you must pay, yo~ may call: Karen Feryo Lcngenecke~, Esquire at (610) 374-8377. 2. You may be able to stop the sale by filing a petition asking the Court to strike or op3n the judgment, if the judgment was improperly entered. You may also ask the Co~=t to postpone the sale for good cause. r I . , 3. You may also be able to stop the sale through ether legal proceedir.id. You may need an attorney to assert your ~ights. ~he sooner you contact one, the more c~ance you will have of stop~~ng the sale. (See notice on page three on how to obtain an attorney). YOU ~~Y STILL BE }~LE TO SAVE THE PROPERTY AND YOU ~\VE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DC~S TAKE PLACE 1. be sold calling If the e~eriff's Sale is not stc~ped, the property will to the highest oicder. You rr.-1 find ou~ the bid price by ~:.a Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to sat aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays t~e Sheriff the full amount due in the sale. To find out if this has happened, you may ca1: the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, the defendant will remain the owner of tha property as if the sale never happened. 5. The Defendant will have a right to re=~in in possession of the property until the f~ll amount due is paid to the Sheriff and the She~iff gives a deed to the buyer. At that time, the buyer may bring legal proceedings t~ evict the de=andant. 6. You may be entitled to a share of the money which was paid for the pro?arty. A schedule of distribution of the money bid fc~ the property will be filed by the Sheriff approximately 30 days after tria sale date. This schedule will stata who will be receiving that ~oney. The money will be paid out in accorda~ce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are file~ with the Sheriff within ten (10) days QZter the schedule is filed. r , I ~ 7. You may also have other rights and defenses, or ways of protecting your lien, if you act immediately after the sAle. YOU SHOULD TAAE THIS PAPER TO YO~'R LAWYER AT ONCE. IF YOU DO NOT HAVE A ~WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE ~0J CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 & BELL, P.C. ,,' - , , . , BINGAMAN, BESS, COBLENTZ : BELL, P.C. By: Karen Faryo Longenecker, Esquire Identification No. 47093 660 Penn Squar~ Center 601 ~enn Street P.O. Box El Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff Meridian Banie IN TBE COUdT OF COMMON PLIAS or CL..:azlUJUfD COUNTY, :'!m1SYLVA.'fIA MERIDIAN BANK, in interest to S.A. successor Bill Financial, Plaintiff . . No. 94-1623 Civil Term vs. JOHN R. STARRY, Defendant CIVIL ACTION - L\W :=:TICE OF b<iER!FF' S SALi!: OF REAL P!tOPEit~7 TO: Robert Z. Starry 1354 Y.iner Blvd. Carlisle, PA 17013 The real estate on which you have a lien known as 283 North Locust Point Road, Silver Spring Township, Cumberland County, Pennsylvania, is scheduled to be sold at Sheriff's Sale on June 7, 1995 at 10:00 a.m. in the Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the court judgment of $13,717.56 obtained by Meridian Bank against John R. Starry. KOTIC~ OF LI~~mOLD~R'S RIC~TS YC~ ~~y BE ABLl TO p~~ TS:3 E:~~Ir1'S ShLE 1. The sale will be canceled if you pay to the Bank the back payments, late oharges, costs and rea~onable attorneys' fees due. To find out how much you must pay, you may c~lll Karen Feryo Longenecker, Esquire at (610) 374-8377. 2. You may =e able to stop the sale by filing a petition asking t~: Court to strika or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale th=~ugh other r , , . legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopp~~g the sale. (See notice on page three on how to obtain an attorney). YOU ~_~Y STILL BE ABLE TO SAVE THE PROPERTY AND YOU HAVE OTHER R~GBTS EVEN IF THE S3ERIFF'S SALE DC~S TAKE PLACE 1. be sold calling If the Sheriff's Sale is not stopped, the pro,erty will to the highest bidder. You may find out the bid price by the Sheriff of CUuilierland County at (717) 2~O-6390. 2. You may be able to petition the Court to set asi:e the sale if the bid price was srossly inadequate compared to the value of the prcperty. 3. ~he sale ~ill go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happe~ad, you may call the Sheriff of C~~erland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, the defendant will remain the owner of the property as if t:.e sale nev~r happened. s. The Defendant will have a right to remain in possession of the property until the full ~~~nt due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict the defendant. 6. You may be entitled to a sha~a of the ~oney which was paid for the property. ~ schedule of distribution of the money bid for t~e property will be filed by the Sheriff approximately 30 days after th~ sale date. T~is schedule will state who will be receiving that money. The money will be paid out in accord~~ce with this schedule unless exceptions (reasons why the proposed di$~ribu~~o= is wrong) are filed with the Sheriff within ten (10) days aiter the schedule is filed. I ' , , 7. You may also have other rights and defenses, or way. of protecting your lien, if you act immediately after the sale. YOU SnOUL~ TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AEFORD ONE, GO TO OR TELEPHONB THB C~FICE LISTED BBLOW TO FIND CuT WHERE YOU CAN GET LEGAL HBLP. Lawyer Referral Service Cumbe=l~~d County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 BINGAMAN~ HESS, COBLENTZ & BBLL, P.C. f' "_~;\i'i , , B!N~~, HESS, COBLE~TZ & BELL, P.C. By: Ka=en Feryo Longenecker, Esquire Identification No. 47093 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff Meridian Bank IN THE COURT O? COMMON PLEAS OF Ct::,3E~.:m CO~Y, PENHSYLVAJlIA ~!ERIDIA.": BJl.NK, in interest to S.A. successor Hill Financial, . . . . . . No. 9~-1623 Civil Te~ Plaintiff . . . . . . vs. JOHN R. STARRY, Defendant . . . . . . CIVIL ACTION - LAW ::,jTiCE OF 1i::?!U!"~' S S}l":,E OF R:!:}lT, PROPERTY TO: La::ra F. Starry 1354 Kiner Blvd. Carlisle, PA 17013 The real estate on which you have a lie~ known as 283 North Locust Point ~vad, Silver Spring Township, Cumberla~d County, Pennsylvania, is scheduled to be sold at 3heriff'g Sale on June 7, 1995 at 10:00 a.m. in the Comu.issioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the court judgment of $13,717.56 obtained by Meridian ca~k against John R. Starry. NC~IC~ OF LIENHOLDER'S RIGHTS YOU V~~ 5! ABLE TO P~VENT T~:S SHERIFF'S S~~ 1. The sale will be canceled if you pay to the Bank the back payme~~s, late charges, costs and reasonable attorneys' feas due. To fi~d o~~ how ~~ch you must pay, you may call: Karen Feryo Longenecker, Esquire at (610) 374-8377. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the jUdgment was improperly entered. You may also ask the Court to postpone the sale for goed cause. 3. You may also be able to stop the sale through other , ......." , , lagal procGadinse. You ~~y need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stop~ing the sale. (See notice on page three on how to obt~ln an attorney). YOU ~~Y STILL B! ABLE TO SAVE THE PROPERTY A.~D YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. be sold calling If the Sheriff's Sale is not stopped, the property will to ~~e highest bidder. You may find out the bid price by the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid p~ice was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, the defendant will remain the owner of the property as if the sale never hap,aned. 5. The Defendant will have a right to remain in possession of the property until the full amount due is paid to the Sheriff and the Sheriff ~ives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict the defendant. 6. You may be entitled to a share of the money which was ,aid for the property. A sc~adule of distribution of the money bid for the property will be filed by the Sheriff approximately 30 days after ~ce sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the propo3ed distribution is wrong) a=e filed with the Sheriff within ten (10) days after the schedule is filed. 7. You may also have other rights and defenses, or w~7s of protecting your lien, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C~~OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County C~urthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 BIN By: KaT. & BELL, P.C. . BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longer.coxer, Esquire Identification No. 47~~3 6$~ Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff Meridia.n Bank IN T~ C':~~T OF C())&IO~ PLEAS OF CmmE~ COUNTY, PENNSYLVANIA MERIDIAN B~j(, in i::.terest to S.A. successor Eil! Financial, . . . . No. 94-1623 Civil Term . . Plai=:tiff . . : vs. . . . . JOIrn R. STARRY, Defendant CIVIL AC~ION - LAW . . . . P.OT!CE OF SF.E~IFF'S S~~E C? p~~~ P~~PZRTY TO: Pennsylvania Power and Light Company c/o Arthur M. Feld; Esquire 1309 Bridge Street New Cumberland, PA 17070-1116 The real estate on which you have a lien known as 283 North Locust Point Road, Silver Spring Township, C~~herland County, Pennsylvania, is scheduled to be sold at Sheriff's Sale on June 7, 1995 at 10:00 a.m. in the Commissioner's Hearing Room, 2nd Floor, Cumberland Co~nty Courthouse, Carlisle, Pennsylvania to enforce t~e court judgment of $13,717.56 obtained by Meridi~n Bank against John R. Starry. NCT!C3 OF LI~~~~~DZ~'S aIGB~S YOU ):;7 BZ A5~E TO P~VENT THIS SE:~IFF'S SALE 1. The sale w~:l be canceled if you pay to the Bank the back paj~ents, late charges, cc~ts and reasonable attorneys' fees due. To find out how m~ch you must pay, you may call: Karen Feryo Longenacker, Esquire at (610) 374-8377. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the jud~ent, if t~e judgment was ic?roperly entered. You may also ask the Court to postpone the sale for ~ood cause. 1. be sold calling If the Sheriff's Sale is not stopped, the property will to the highest bidder. You may find out the bid price by the Sheriff of Cumberland County at (717) 240-6390. . . 3. You m~y also be able to stop the sale through other legal proceedings. You may need an attorney to assa~t your rights. Tha sooner you c~ntact one, the more chance yeu will have of stopping the sale. (See notice on page three on how to obtain an attorney). YO~ MAY S~~LL BE ABLE TO SAVE THE PROPERTY ~~D YOU HAVE OTHER R!G~TS EVE:: IF THE SHERIFF'S SALE DOES TAKE F~CE 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate comp~red to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amc~~t due fro~ the buyer is not paid to the Sheriff, the defendant will rs~in the owner of the property as if the sale nev~r happened. 5. The Defendant will have a right to remain in possession of the pre?_~ty until the full amount due is paid tc the Sheriff and the S~eriff gives a deed to the buyer. At that time, the buyer may bri~g legal proceedings to evict the defendant. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distrib~tion of the money bid for the property ~ill be filed by the Sheriff approximately 30 days after the sale date. This schedule will state who will be receiving that money. ~he mcney will be paid out in accorcance with this schedule unless ex~cptiona (reasona why the proposed distribution is ~~~~g) are filed with the S~ariff within ten (10) cays after the schedule is filed. ~'....".....<...,. '-- . ,< f BING~~~, HESS, COBLE~TZ ~ BELL, P.C. By: Kare~ Fe~-yo Longenecker, Esquire Identification No. 47093 660 ~e~n Scuare Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff Meridian Bank IN TA~ COUR~ OF CC~~ON PLEAS OF CmC!i.:!U.AHD COtr.;Ty, P~SYLVAHIA ~IER!DIAN BANK, in interest to S.A. successor Hill Financial, . . . . No. 94-1623 Civil Term ::lai~tiff .. . ...:.. JOHN R. STARRY, Defendant CIVIL ACTION - LAW ~CTICE OF SHERIFF'S SaLE OF REAL PROPERTY TO: Pennsylvania Power and Light Company 1S01 BrooJa:::od Harrisburg, PA 17101 The real estate on which you have a lien known as 283 North Locust Point Road, Silver Spring Township, Cumberland County, Pennsylvania, is sche~~led to be sold at Sheriff's Sale on June 7, 1995 at 10:00 ~.m. in the Co~issioner's Hearing Room, 2nd Floor, CU~erland County Court~cuse, Ca=lisle, Pennsylvania to en:orce the court judgment of $13,717.56 obtained by Meridian Bank agai~~~ John R. Starry. NOTICE OF LZ~~~OLr~~'S RIGaTS YO~ ~~y BE A3~~ TO P~.~NT Tala SEERIF?'S SALE 1. The sa~e will be canceled if you pay to the Bank the back pa~9nts, late charges, costs and reasonable attorneys' fees d~e. To find out how much you must pay, you o~y call: Karen Feryo Longenecker, Esg~ire at (610) 374-8377. 2. You o~y be ab:a to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was imp=operly entered. You may also ask the Cou~t to postpone the sale for good cause. 3. You may also be able to stop th~ ~ale through ot~er ,',....' ...~".: . f' . . , . legal proceedings. You may need an attorney to assert your rig~ts. The sooner you contact one, the mora cha~=e yc~ will have of ~copping the sale. (See notice o~ page three on now to obtain en attorney). YOU MAY STILL BE ABLE TO SAVE THE PROPER~Y AND YOU HAVE OTHER RIGE~5 EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. be sold calling If the Sheriff's Sale is not stopped, the property will to the highest bidder. You =3Y find out the bid price by the Sheriff of Cumberland County at (717) 240-63S0. 2. You may ~e a~le to petition the Court to set aside the sale if the bid price was g~=ssly inadequate compared to the value of the property. 3. The sale will go ~~r~ugh only if the buyer pays the S~eriff the full ~ount due in the sale. To find out if this has happene~, you r.~y call the Sheriff of Cu~erland County at (717) 240-6390. 4. If the amount due fro=. the buyer is not paid to the Sheriff, t~a defendant will remain t~a o~mer of the property as if the sale never happened. 5. The Defendant will ha7e a rig~t to remain in possesaion of th~ property until the full amount due is paid to the Sheriff a~d the Sheriff gives a deed to the b~yer. At that time, the buyer may bring legal proceedings to evict the defendant. 6. You may be entitled to a share of the money which was paid for the proper~y. A s=hedule of distribution of the money bid for t~e property will be filed ~y the Sheriff approximately 30 ~ays after the bale dato. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (rea=ons why the propose~ distribution is wrong) are filed w~th the Sheriff within ten (10) days after ~~e schedule is filed. .- ~ ~ II . . " . 7. You may a~so hAve other rights and defenses, or ways of protecting your lien, if you act immediately after the sale. YOU SHOULD TAKE ~3IS PAPER TO YOUR LAWYER AT ONCE. Ir' YOU DO NOT HAVE A LAWYER OR CAh~OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BElOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 By: Kare HESS, COBLENTZ & BELL, P.C. ~ .,:it~." ,', t "r .. .. . . .. . BIN~~, BESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identific~tion No. 47093 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 i 610) 374-8377 Attorney for Plaintiff Meridian Bank IN THE COURT OF CC~~~~N PL%AS OF CUMBERIJU."D COUNTY, PENNSYLVANIA MERIDIAN E~r-;K, in interest to B.A. successor Bill Financial, . . . . . . Nw. 94-1623 Civil Term Plainti~f : . . vs. . . . . JOHN R. STARRY, Defendant . . CIVIL ACTION - LAW . . HOT::S OF SHERIFF'S S~~E OF KZAL PROP~~TY TO: PE~~,SYLVANIA HOUSING FINA.~CE AGENCY 2101 H. Front Street Ha:risburg, PA 17101 The real estate on which you have a lier. known as 283 North Locust ?oint Road, Silver Spring Township, Cumberland County, Pennsylvania, is scheduled to be sold at Sheriff's Sale on June 7, 1995 at 10:00 a.m. in the Commissioner's Hearing Room, 2nd Floor, Cu~~~2and County Courthouse, Carlisle, Pennsylvania to enforce the court judgme~~ of $13,717.56 obtained by Meridian Bank against John R. Starry. ~:~!C~ OF LIEN7r~~Z~'s RIG~T3 YOU MAY BE A3~ TO PREVE~ ~SIS SHERIFF'S SALE 1. The sale will be canceled if you pay to the Bank the back payments, late charges, ccsts and =eascnable attorneys' fees due. To find out how much you must pay, you may ca2l: Karen Feryo Longenecker, Esquire at (610) 374-8377. 2. You may be able to stop the sale by filing a petition asking the Court to strike or o?en the jud~ent, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other ('.-'..,-,....-'- ',..<:~~#l' . I' . . .. 4 legal proceedings. You ~y need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page three on how to obtain an attorney). YOU ~~Y STILL BE ABLE TO SAVE THE PROPERTY AND YOU HAVE OTHER RIG~TS EVEN IF ~nE SHERIFF'S SALE DOES TAKE PLACE 1- be sold calling If t~a Sheriff's Sale is not stopped, the property will to the hic~est bidder. You may find out the bid price by the Sheriff of Cumberlan= County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inad~~uate compared t~ the value of the property. 3. T~~ sale will go through e~ly if the buyer pays the Sheriff the full ~ount due in the sale. To find out if this has happened, yo~ may call the Sheriff of Cumberland County at i717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, the defendant will remain the owner of the property as if the sale never happened. 5. The Defendant will have a right to remain in possession of the pr:perty until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict the defendant. 6. Yeu may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for the property will be filed by the S~eriff approximately 30 days after the sale da~e. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution i: wrong) are filed with the Sheriff within ten (10) days after the sche=ule is fil~~. .. ,., . . " . 7. Yc~ may also have other rights and defenses, or ways of protecti~g your lien, if you act immediately after the sale. YOU SZC~~D TAKE THIS PAP~a TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAt4YER OR C~~OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LIST~D BELOW TO ~!ND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referr~l Service Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 By: Kar & BELL, P.C. -'IL'"llAu,"",,---,=1llIIf ...... lIMD'OfI00..,1C ....."........... ......_.... MOWlIIt.OfIMUUIlIt._f'Ot'....... ....... :'113n. :11. n~IJ:... I It . A ..".:...;..""'I;..,'!....lktft MJO I w"ll n:J"j ...~rJIU WilLI.., ..l...d mllOt. ClftIlftCA.lLQf...MAll ...,.. UND'OfI00w"1C ..lID """""""'" .......DOI. fIG' .......fOII........,.c;.-I"OI'....nA .......,- " .. ......... H,", (.blt... & Ball "~' '~.. " 660 i'f1'u, ~ ..IJAR(':C-C~HLR ll.t-I.. :'11 t.t[ , . " ,,, .......ft!IIIIMN...M.. l1XUJ-OOO& Oot~;~BrAimY--" IEUm IWlJC IlJIIDIICl 3., I~IH fJ'F WJCIINIICIlIJUlQ PA 17055 "'< ,'j ,I ............... IIN'II\ UJUAlIJ-.. 2NMlNST _IClIIlIlO PA 17055 ..""... .~ ,.,... 1117..... ".. ~a.~.I~........ ,.,_ MIl'..... '''' 'U..~o.: ..._ lIIDI' ...,..UUD.ClIIOOIII..IC.......'......ftDIII4,...........11II' ........ClII.......-:I_1'OI1....ttlI .........=~;m-D. II~.'. C,,~k b I, [~lI A .....1...:'...,,1 (;.".;,,.,..,:"" 600 1';;11 ",,,,.,, ::~IIIER ~t; -r" . IiQll' ., "ll'I:T . 6. - ,(\ P. o. UOX 61 ... ~ ~ ) . Oot....... . ", ,... , . n;IIlSYLVNtIA PlJIDl NCI L1Q1I' lXIlPNN ".,: ...J'IJ nnu_" r~ ~UVo ,... \ t.:- 1309 BRUCE ST '&_. _ ~ PA 17070-1116 IlCAU OJ MAJUH =-:'ClIIOOIiQ.nc "'::.':'.......nDIiIAl....... 001'''' ............ A "N/""-:. c....,......II... MO PrrlN tOUAUC CiA. ER 601 PENN 5IHt:.[f READIHO. PA. III6OJ-OOn 0........................... IDDT I 81MRY 1354 IUIml BIND aRI.ISUl PA 1701] .,-...-.......... ...,:~.:.t..:...":1. ~ . . ' : &,:: I :, ,., I I , . .~") ~/ " ,.,.... 1117..... IH. 1__ ,. ,_ 3111,.... ,... ..........,-OJ~.__ =:.:.~J~.!~":a.........hOJIAL"""'.....fIOt ............ ,on . ". ,. -." A 'i~ ..i.-=.:...I (...r,...r..l~ uOO r .... ~'''1I'-1;:' "-illER ~1 i..l.il~I..1..t:.t r. u. belt &1 A. lll6OJ-OOOl 001_..................... PEHlSYLVNtIA I'lMR NCI L1Q1I' 1801 IlOO<J<HJCD IWlRISIlIR; PA 17101 '\1.1.....4:1..___ .""'..........~., =:.:.CIIt.... == ..........'- It Pt.:r.~~\JM1~ rrlntR 660 P(IIN .. ...t 46L pl:"':1 ahtL. p. O. oo~ 61 1 ..,......'....1 '," 001............._.......... W&\ F 8I'ARRY 1354 IUNDI BIND CMLISIZ PA 1701] ..,'\ V , <,; , ~ . ,., ,,' ,.,.... .11,.... 1Nt . . 'V.a,llJ'4.' ....___ ",.... 3111..... .... ~9 <~<;). '&, I . '- .; ~I: . '. ' .,"y~'" .',:. ~' ,-...-....-.. '\l&DnLI ......... , ., ...,.. UIIO.ClIIDOtIIUnc NID.~hllW4. .......oon.-,. ......CIIt.........::.-I"OI""". .......,........ III, 0 > , A ,.,..'......1 c;....t'"',..,~ ~' " : I oaa fCfIlIl:~"I.~1" rp' I.~D 1.1 ~ 601 PENH SlIleET .~(, J ~ r. u. U'IJ" ~l ,;,.. 9603-0081\ \. 1::0.; 001..................--... ,'J,'A n;IIlSYLVNtIA IOISIICl FIIWl<E Nar:t. . Z101 H. flll1n'S'I1lEEI' IWlRISIlIKl PA 17101 , , .::-'\ ';; '.: ~j "'. J ...,./ . . . . , ~. . II '1 ir , '.' .' ,I'" ",... 1111..... I'" 'U.l.GJ'G.l....__ , ., . ','. ".;,' ,.. .... . '" ~ " \". ',., ~. ' tt~:t .,... "~"I . .... \ ~j ../ , ---- ........ ."1 ,., .'.. 1 '. ," \ ,} ~ . '. ............ '-"&i ,. ;.:! ., .j. .' .' ".' ~ " .." ..'!,'" ~j'\\' J' t.~ : i ~'~ .' ';. . ';'." ., ,r''>: t.:5-;...;. " ;.'. .... .,. , ','t," . . >},::' ." " . . ~ t':.' . ' /. '. '. ..,1,;, ~. ., ". ... 1. ... ... " ... _t:R ~~ ;Ie:' -TI.- C4..:. ".u::~~, CO ~2::'--...-: f") l4. C)c..' 0.' h. 'T'C) 0_ C"") r:>t. ~._i '. '.t}<--- . ,~ ~.. .~~ "::r- l'ILooI~ __ '__ '." :'t)l....; ;:::..:" ~ ~iJ f:l .!:j I ~ III ~. .!:j :t:l "" 011 i ~ ~ ~~ r~ . "'i'ill /~\ sf!i I i I tIl'ii: . r-i f:l~ en .:!l . el ~~V ID Ii ~ ~ ~ ~ . ~ I ~ ~I ~ ~ .~ ~ i! 'I I ~~ . f:l ~ ~ II: i~ ~ ~ i ~ . . I iii ~ ~ !Ii ro. Meridian Bank, successor in interest to Hill Finacial S. A. vs John R. starry In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 94-1623 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Letter is hereto attached from attorney. Sheriff's CostSI Docketing Poundage pos ting Bills County Law Library County Mileage Cert Mail Postpone Sale Levy Surcharge Law Journal Patriot Posters Advance Costs Sheriff Costs Refund to Atty. 30.00 388.55 15.00 15.00 .50 1.00 3.92 4.13 20.00 15.00 4.00 163.40 217.00 49.50 927.00 Pd by Atty. 7-26-95 $1,000.00 927.00 $ 73.00 ../) J:. . - .. ,.., .... THIS WRIT IS RETURNED STAYED 7-26-95 Sworn and subscribed to before me this .;l11C- day OfCJ~ 1995 ~u.- Q.1lwiu. ~. Prothonotary ~~~,..,. : <~ R. Thomas Kline, Sheriff by auo~ ~ De ty Sheriff ,.1-' iJ <p-10 ( \. .;t'" -' - BINGAMAN, p.~SS, CODLE~TZ & E~~L, P.C. By: Karan Feryo Longenecker, Edqui=~ Id~ntification No. 47:93 660 Penn Square Centar 601 Penn Street P.O. Box 61 R3ading, PA 19603-0061 (6l0) 374-8377 Attorney for Plaintiff Meridian Bank IN ~2~ CCURT OF COMMON p~ ~F C:r..mERLA.'m COUtnY, P::....SYLVAJlIA MERID:AN B~.NK, in interest to S.A. successor Bill Financial, . . . . . . No. 94-16~3 civil Term Plaintiff . . . . vs. . . . . JOHN R. STAR.~Y, Defendant . . CIVIL ACTION - LAW . . ;_~r,!DAVIT P~SU~~T TO RULE 3129 Meridian Ba~~:, Plaintiff in the above action, sets forth as of March 8, 1995 the following information concerning the r3al estate known as 283 Lccust Point Road, Mech~nicsburq, Cumberland County, Pennsylvania: 1. Name and address of owner or reputed owner: JOHN R. S:':'~.R.~y 283 North Locust Point Road Mechanicsburg, PA 17055 2. Name and address of defendant in the judgment: JOHN R. S'I'AR.~Y 283 North Locust Point Road Mechanicsburg, PA 17055 I..,.,~,. .~ ..., . .' 3. Name a~d address of every judgment creditor whose judgment is a record lien on the real property to be sold: ROBERT Z. STARRY 1354 Ki::sr Blvd. Carlisle, PA 17013 LAURA F. STARRY Esq. c/o Charles E. Shields, Mellon Bank Bldg. 2 W. Main Street Mechanicsburg, PA 17055 LAURA F. STARRY 1354 Ki::sr Blvd. Carlisle, PA 17013 Esq. ROBERT Z. STARRY c/o Charles E. Shields, Mellon Ba~k Bldg. 2 W. Main Street Mechanicsburg, PA 17055 PENNSYLVANIA POllER & LIGHT PENNSYLVANIA PC~~R & LIGHT CO~ANY COMPANY c/o A:thur M. Feld, Esqu~re 1801 Brockwood 1309 Bridge S~reet Harris~~rg, PA 17101 New Cumberland, PA 17070-1116 4. Name and a~==ess of the last recorded holder of every mortgage of record: MERIDIAN o~~~/successor in ~nte=ast Hill Financial, S.A. 35 North Sixth Street P.O. Box 1102 Reading, p~ 19603 PE~~SYLVANIA HOUSING FINANCE AGENCY 2101 N. Front Street Harrisburg, PA 17101 5. Na=.e and address of every other person who has any reco=~ lien ~~ the property: None. 6. N~e and address of every other person w~o has any record interest in the property and whose interest may be affected by the sale: None. ,. I I L ! I; f' ."" ,"' . ' \ L ,. " "~.:,..- - - 7. plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property None. I verify that the statements made in this affidavit are true and correct to the best of my parsonal knowledge or information and belief. I understand that false statements herein are made subject to t~e ps~alties of 18 Pa. C.S. Section 4904 relating to unsworn falsifioation to authorities. Dated: March 13, 1995 Z & BELL, P.C. By: squire .." ,./, BINGAMAN, HESS, COBLENT~ & BELL, P.C. BYI Karen Feryo Lonqe~eckar, Esquire Identification No. 47093 660 Pe~~ Square Center 601 Penn Street P.O. Box 61 Read~~;, PA 19603-0061 (610) 374-8:i7 Attorney for Plaintiff Meridian Bank IN TZ= CO~"RT OF COMSO~ PLEAS ~F Cm-Si::RL.lI.:m com.'1Y, PE~~SYLVA1fIA MERIDIA.~ e~~K I in interest to S.A. SUCCGssor Hill F!..ne~cial, . . . . : No. 94-l623 Civil Term Plaintiff . . . . VS. . . . . JOHN R. STAlU\Y, Defer-cant . . CIVIL ACTION - LA~ : =:~:cz C~ S~~:;~'S S~ O~ REAL PROP~RTY TO: JOHN R. S~A.~Y 283 North Locust ?oint Road Mechanicsb~rg, PA 17055 Your real estate located at 283 Locust Po!..~t Road, Silver Spring Township, Cur~arland County, Pennsylve~ia, is scheduled to be sold at Sheriff's Sale on June 7, 1~~5 at 10:00 a.m. in the Commissioner's Hearing Roo~, 2nd Floor, Cumberland County CourthouE~, Carlisle, Pen~sylvania to enforce the court judgment of $13,717.56, obtained by Mericiian Bank against you. NO~:=~ C~ O~~~~'S R:~~TS Y':'~ :.:::.7 04:: 1.2!i::: !i!O r~'!':::::~ TX!S SE:::::tlt:'F I S S~.LE 1. The sale will be canceled if you pay to Meridian Bank, the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Karen Feryo Longenecker, Es~_!..re at (610) 374-8377. 2. You may be able to stop the sale by fiH::g a petition asking the Court to stri~;:e or open the judgment, if the judgment was impro?arly entered. You may also ask the Court to postpone the sale for good ca~se. 3. You m~y also be able to stop the sale through other legal proceedings. ,:... .,.-' .' You may need an attorney to asse:t your rights. The sooner you contact one, t~~ more chance you will have of stopping the sale. (See notice on pege three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YCU~ PROPERTY AND YOU HAVE OTHE~ RIG?~S EVEN IF THE SEERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff'w Sale is not stopped, yo~: property will be sold to the highest bidder. You may find out the bid price by calling the Sheriff of C~mberlanQ County at (717) 240- 6390. 2. You m~y be able to petition the Court to set ~3ide the sale if the bid price was grossly inadequ~te compared to the vLlue of your property. 3. T~a sale will be completed only if tne buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheri:f of Cumberland County at (717) 240-6390. ; , :! 4. I~ the ~ount d~e from the buyer is net paid to the Sheri:f, you will =~=ai~ the owner of the property as if the sale never h6.ppened. s. You ~ave a right to remain in the property until the full amount d~e is paid to tha Sheriff and the Shariff gives a deed to the buyer. At t~at time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff a~~roxirnately 30 da'Ts after the sale date. This schedule will sta.te who will be receiving that mo~ey. The money will be pai~ o~t in accordance with this schedule unless exceptions (reasons why the proposed di&~ribution is wrong) are :iled with the Sheriff within ten (10) days after t~g Schedule of Distribution is filed. .. 7. getting sale. You may also have other rights and defenses, or ways of your property back, if you act immediately after the YOU SaOULD TA.~E THIS PAPER TO YOU LAt~ER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW '1'0 FIND OUT ,iBERE YOU C:~ GET LEGAL HELP. Lawyer Referral Service C~mbe=land County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 Z & BELL, P.C. By: LEGAL DESCRIPTION No. 94-1623 Civil Term Judgment Amount: $13,717.56 K~ren Fe~Jo Longenecker, Esquire BI~G,_vAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN lot o~ 9round situate in the Village of New Kingstown, Township of Silver Springs, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stone on the line of lot formerly of David Baker, nor of Virgir.~~ B. Grandon, on the public road leading from the Tu~n~ike to t~a railroad station; thence along said lot formerly of David E~ker now of virginia B. Grandon, West 200 feet to a stake; thence along lot fe~~arly of Reverend S. C. Eshleman, now of Heisey Northw~~d 75 feet to a stake; thence along lot formerly of Willis Armstror.g, new of Russell Potteiger, Eastward 200 faat to a stake; t~e~=a along said public road Southward 75 feet to the place of B~GI~~ING, ~.VING tha~eon erected a two story frame house, stab~a and necessary outbuildings. BEING the same premises which Daniel Ritter, Widower, by his deed dated April 3, 1978 ~~d recorded on April 3, 1978 in the Office of the Recorder 0: Deeds in and for Cumberland County in Deed Book Volume 27, Page 3~9, granted and conveyed John R. Starry. ~~ r:.. "'~- '''J.n~.;l..~ .I .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAlTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 94-1623 CIVILlAJ TE~ CIVIL ACTION. LAW TO THE SHERIFF OF CUnberlarid COUNTY: To satisfy the debt, Interest and costs due Meridian Bank, 5ucessor in interest to Hill Financial, 5.A. . PLAINTIFF(S) from John R. starry, 283 North Locust Point Road, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Please see leqal description (2) You are also directed to allach the property of the defendant(s) not levied upon In the possession of GARNISHEE(S) as follows: and to notKy the gamlshee(s) that: (a) an allachment has been issued; (b) the garnlshee(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 thereof; (3) "property of thedefendanl(s) not levied upon an subjeclto allachmentls lound In the possession 01 anyone olher than a named garnishee, you are directed to notify hlnVherthat he/she has been added as a garnishee and Is enjoined as above stated. Amount Due $13,717.56 Interest fran 6/1/94 forward L.L. $.50 Ally's Comm Ally Paid S'lJ. 60 Plalntnl Paid % Due Prolhy $1.00 Other Costs Dale: March 14, 1995 Lawrence E. Welker Prothonotary, Civil Division \~)(l \) rJ?f:J.J.Cn1an,1 [J..:th I q Deputy by: REQUESTING PARTY: Name KRren Fer::yo Longenecker. ESQ. Address: Po Box 61 Readinq, PA 19603-0061 Allomey lor: Plaintiff Meridian Bank Telephone: 610-374-8377 Supreme Court 10 No. 47093 (' ..-, ,", . - REAL ESTATE SALE No. OO~~DOOrn ua -m ~ /6, I 9 'It the sheriff levied upon the dOrOij\kl:~:' Interest In the real property situated In ~j)1 >f~ ~r-~ ~ 1) .::At'f' ~~~county, Pa., knm'!:, ;:"0 :'..::7:':.:1....(1 as: \3~~ ;/'.(tf"J.ldJ- yyu ,.QQ. and moro fuH)' d:;;::~:::, d 'C:: E;,hilJit "A" fiii:d wi.:: o this writ and by this reference incorpci..:!od heroin. Data: :~ -I 5 - 9 .5 BY'Qud~ ~ .~ t.O'f'7 . .". .: "" '!""d ' d (1.:J ":) r.G, nv 211 L 51 HV. ..,,13 ;:J:':.-;", . ,l.,jJ j:1:.:IJO DAVID It, TURNER Q.LMSON N, PAGE, JR., MARK 0, VOOEA CARL D. CRONRATH. JR. KURT ALTHOUSE: HARRV D, McMUNGAL KAREN f"ERVO LONGENECKEA SHAWN J, &.AU- LYNNE K, 8EU5T EUZABETHANNE D, McMUNIGAL PATroCK T, BARRETT 5U5AH N, DENARO DANIEL J, POAUBAN JILL M. SCHEIDT KEVIN W, AElliOAE- .,.. AdmItted In.......--., IBeul BINGAMAN. HESS. COBLENTZ & BELL A PROFESSIONAL CORPORATION ATTORNEYS AT lAW 660 PENN SQUARE CENTER. 60\ PENN smEET P,O. BOX 61 READING. PENNSYLVANIA 19603-006\ TELEPHONE (6101 374,8377 FAX II (6101 376.3105 JAMES ,. BELL INI..Me UEWELLVN A. 8lNOAMAN RAYMOND K, HES5 J, WENOEU.. COBL.ENTZ RALPH J. AL.THOUSE..,IA, GERALD p, SIOAL Of" COUNSEL July 24, 1995 III!RNY1U.E OffICE 331 MAJN STREET BERNVI.L.E. PA IIt50e (&10) 48&O&H SHAWN J, lAU. P.C, 411 COOPER ST, CAMDEN. NJ Ol!It02 (eog) Me.Qt17 FA)( (&011) 904.()7" Sheriff of cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Meridian Bank v. John Starry No. 94-1623 Sheriff's Sale of September 6, 1995 Our File No. 757-3684 Ladies and Gentlemen: Please stay the Sheriff's Sale as referenced above which is scheduled for September 6, 1995 and was continued from the Sale of June 7, 1995. The Defendant has reinstated his Mortqaqe with a payment of $19,427.52. Please let me know if there are any additional costs or fees owing to the Sheriff of cumberland County and I will see to their payment. Very truly yours, & BELL, P.C. KFL/afs cc: Steve Moore - Meridian Mortga P. Nicholas Guarnaschelli, Es 72748.1 . :-.:, .'. '.' ..-.,.-c,...L.ll"'-4'......""....-."'~:i.i:--iOl>L;;..~.."- '-.~'."__ :"_ "'_~'-'":'_>~'" ~ BINGAMAN, HESS, COBLENT~ & BELL, P.C. By: Karen Feryo Longa~eckar, Es~uire Identification No. 47093 660 Pen~ Square Center 601 Penn Streat P.O. Box 61 Read~r.;, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff Meridian Bank IN TZ= COURT OF C~~O~ PLEAS ~~ CL":-SZRL.ll.:-m com.~y, Pl!:~'MSYLVANIA MSRIOIAN 13Jl~", in inte::est to S.A. successor Hill Fina:1oial, . . . . . . No. 94-1623 civil Term Plabtiff . . . . vs. : . . JOHN R. STAR..'i.Y, Defar:dant . . CIVIL ACTION - LAW . . =:~:c~ C~ SH~~:~~'S S;~E O~ REAL PROPER~Y TO: JOHN R. S'l'A-'~RY 283 North Locust Point Road Mechanicsb~rg, PA 17055 Your real estate located at 263 Locust point Road, Silver spring Tc~~ship, Cur.~~rland County, Pennsylvania, is scheduled to be sold at Sheriff's Sale on June 7, lSi5 at 10:00 a.m. in the Commissioner's Hearing Roo~, 2nd Floor, Cumberland County Courthouse, Carlisle, Pen~sylvania to enforce the court judgment of $13,717.56, obtained by Meridian Bank against you. Nv~:=~ C? m~,E~'S R:~~TS y=.,~ :.::::1 ci:: ,A3!.2 ~O r~T.,"::JT TS!S S~:tIrF' S S,..LE 1. The sale will be canceled if you pay to Meridian Bank, the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Karen Feryo Longenecke::, Es.:.;'.;..:.re at (610) 374-8377. 2. You rr.ay be able to stop the sale by fili~g a petition asking the Ccurt to str.:.~,e or open the judgment, if the judgment was impro~arly entered. You may also ask the Court to postpone the sale for good cause. 3. You m~y also be able to stop the sale through other legal prcceed.:.ngs. You may need an attorney to asse:t your rights. The sooner you contact one, t~3 more chance you will have of stopping the sale. (See notice on ~~ge three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YC~~ PROPERTY AND YOU HAVE OTHE~ RIG?~S EVEN IF THE SP.ERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff'~ Sale is not stopped, yo~: property will be sold to the high3st bidder. You may find out the bid price by calling the Sheriff of Ccmberlancl County at (717) 240- 6390. 2. You may be able to petition the Court to set a~ide the sale if the bid price ~as grossly inadequate compared to the value of your property. 3. The sale will be completed cnly if toe buyer pays the Sheriff the full amo~nt due in the sale. To find cut if this has happened, you may call the S~eri=f of Cu~berland County at (717) 240-6390. ~. I~ the amount due from the buyer is not paid to the Sheri:f, you will =3=.ain the owner of the property as if the sale never happened. 5. You ~~ve a right to remain in the property until the full amount d~e is paid to tha Sheriff and the Saeriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff a~?rox~ately 30 da"s after the sale date. This schedule will st~te who will be receiving that u.o~ey. The money will be ~aid-o~t in accorcance with this schedule unless exceptior.s (reasons why the proposed di6~ribution is wrong) are :iled with the Sheriff within ten (10) days after tr.g Schedule of Distribution is filed. ."".".. 7. getting sale. You may also have other rights and defenses, or ways of your property back, if you act immadiately after the YOU SHOu~D TA.~E THIS PAPER TO YOU LAt~ER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LIS~;::D BELOW TO FIND OUT ,ilIERE YOU C~ GET LEGAL HELP. Lawyer Referral Service C~mbe=land County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 By: Z & BELL, P.C. " t. t t' , .'.., to. b !' r 1\ li: .1', , , L BINGAMAN, P.!SS, COaLENTZ & E:~L, P.C. By: Karen Feryo Longenecker, Eaqui=~ Identification No. 47:93 660 Penn Square CentGr 601 Penn Street P.O. Box 61 R~ading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff Meridian Bank 1M T2~ CCURT OF COMMOR PL%AS ~F CU'.ABlilRLA.'m COUNTY, P:5:....SYLVAHIA MERIDIA.~ B}~K, in interest to S.A. successor Hill Financial, Plaintiff . . . . No. 94-16~~ Civil Te~ vs. JOHN R. STARRY, Defendant CIVIL ACTIO~ - LAW ::_""FID'-VIT P~gU:-..T TO RULE 3129 Meridian Ba~::, Plaintiff in the above action, sets forth as of Marc~ 8, 1995 the following information concerning the r3al estate known as 283 Lccust Point Road, Mech~nicsburg, C~erland County, Pennsylvania: 1. Name and address of owner or reputed owner: JOHN R. S':'ARRY 263 North Locust Point Road Mechanicsburg, PA 17055 2. Name and address of defendant in the judgment: JOfrn R. S':;:'AR.~Y 283 North Locust Point Road Mechanicsbu=g, PA 17055 ~I'. , f."_ i' f\ ;. i [ " ~ j . ... "'!I j, - 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: ROBERT Z. STARRY c/o Charles E. Shields, Mellon Ba~k Bldg. 2 W. Main Street Mechanicsburg, PA 17055 LAURA F. STARRY Esq. c/o Charles E. Shields, Mellon Bank Bldg. 2 W. Main Street Mechanicsburg, PA 17055 LAURA F. S'l'ARRY 1354 Ki::sr Blvd. Carlisle, PA 17013 Esq. ROBERT Z. STARRY 1354 Ki::!r Blvd. Carlisle, PA 17013 PENNSYLV~~IA PO:~R & LIGHT PENNSYLVANIA POWER & LIGHT COm'ANY COMPANY c/o Arthur M. Feld, Esqu~re 1801 Brookwood 1309 Bridge S~reet Harris~~rq, PA 1710~ New Cumberland, PA 17070-1116 4. Name and a~==ess of the last recorded holder of every mortgage of record: MERIDIAN o~~!.,successor in ~nte=ast Hill Financial, S.A. 35 North Sixth Street P.O. Box 1102 Readinq, ?~ 19603 PEt~SYLVANIA HOUSING FINANCE AGENCY 2101 N. Front Street Harrisburg, PA 17101 5. Na=.a and address of every other person who has any recor~ lian ~~ the property: None. 6. Na=e and address of every other perso~ who has any record interest in the pro~erty and whose interest may be affected by the s!le: None. 7. plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property ~ None. I verify that the statements made in this affidavit are true and correct to the best of my parsonal knowledge or information and belief. I understand that false statements herein are made subject to t~e pa~alties of 18 Pa. C.S. Section 4904 relating to unsworn falsiii=ation to authorities. Dated: March 13, 1995 By: Z & BELL, P.C. squire WRIT OF EXECUTION and/or AlTACHMENT COMMONWEAlTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 94-1623 CIVIL we TEm-l CIVIL ACTION. LAW TO THE SHERIFF OF CUnberlarid COUNTY: To satisfy the debt. interest and costs due Meridian Bank. Sucessor in in teres t to Hill Financial. S.A. ' PLAINTIFF(S) from John R. Starry, 283 North Locust Point Road, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property 01 the defendant(s) and to sell Please see leqal description (2) You are also directed to attach the properly of the defendanl(s) nollevled upon In the possession of GARNISHEE(S) as follows: and 10 notify the garnlshee(s) that: (a) an aUachment has been issued: (b) the garnlshee(s) Is/are enjoined from paying any debl to or tor the account ot the defendant(s) and trom delivering any properly of the defendant(s) or otherwise disposing thereof: (3) "property of thedelendant(s) notlev/ed upon an subject to attachmenlls found in the possession of anyone olher than a named garnishee. you are directed to notify him/her Ihat he/she has been added as a garnishee and Is enjoined as above staled, Amount Due $13.717.56 Interest fran 6/1/94 forward U, $.50 Due Prolhy $1.00 Other Costs Any's Comm Atty Paid S93.60 Plaintnf Paid % Dale: March 14. 1995 Lawrence E. Welker Prothonotary, Civil Division .\'^')(~ \) rn"'lCn-/ann 2--1...b. , ~ Deputy by: REQUESTING PARTY: Name KArPn F..ryo I.ongenecker. ESQ. Address: Po Box 61 Readinq, PA 19603r0061 Attorney for: Plaintiff Meridian Bank Telephone: 610-374-8377 Supreme CourllD No, 47093 TRUE COpy FROM RECORO In Tlf.i!lrnuny wltiSl'oof. 11!l!(U unto ~t my hand ',"d Ir.e Sbll Qf $i!:d Coml a! Carilsltl. Pa. Iilh: /"1 '" ~il~ ol.!2'lI1:Ch . ,19 95 I.. , '>0..... fY\(>.}l:I\"~'{\ ,~=>..~ ProthOnotary . f""'."-"'~.'-'.' -..--,............ t ! , " ' IFFI';" ~r P cilFlltFF CV~. : "y HeR IS 7 1j2 MI'95 G, , ~. PE~" ') 1" "~I' l..t:, t.IJ\I' i"\