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HomeMy WebLinkAbout94-02202 . ~ J; ~ !/J ~I E;. L2~ , <0: 0, i ~1 , u, <0 J, I Ji . ! i I JAMES M. BACH ATTORNEY AND COt.IlSEI.OR AT LAW 352 SOUTH SPORTING HILL ROAD MECHANICSBURG. PENNA 17055 (717) 737.2033 FARMERS TRUST COMPANY Plaintiff : IN TilE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : 94-2202 CIVIL TERM DONALD L. CLITES and LACY A. CLITES, his wife Defendants . . . . : IN MORTGAGE FORECLOSURE PRELIMINARY OBJECTION TO THE COMPLAINT AND NOW COMES the Defendant, DONALD L. CLITES, by his attorney, JAMES M. BACH, and files the within PRELIMINARY OBJECTION TO THE COMPLAINT. PRELIMINARY OBJECTION 1. DEMURRER This Complaint should be stricken, as in Paragraph No.7, it is alleged that Defendant, Donald Clites, received notice of the intention to foreclose, as required by law, at the address marked on Exhibit B. The address marked on Exhibit B is 615 West Old York Road, and, in-as-much as Donald Clites and his wife have been separated since September, 1993, and Donald Clites has not resided at that residence since September, 1993, he did not receive notice as required under law, in regard to said foreclosure action. Fundamental due process and the statute referred to by the Plaintiff as Act No. 6 would require, in the instant case, that the Defendant, Donald Clites, receive actual notice of the intention to foreclose. Absent notice, the Complaint should be stricken. Respectfully submitted 0/1/9'( Date' ~-;'1' ~ JAM S M. BACH,-ESQ. Attorney 1.0. No. 18727 352 Sporting Hill Road Mechanicsburg, PA. 17055 717-737-2033 ":2" en ~>- - .: ..~. = c - ~ ::1' <--J ....., :z: => , -, .' ~....J 9gOH VNN3d 'E>l:lnaS::>INVH::>3W OVOl:! lllH E>Nlll:!OdS HinOS ~ge MVllV l:l013SNno::> ONV A3Nl:lOllV Hove -11\I S311\1Vr " &&OZ-L&L (L ~L) - COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2202 Civil Term Complaint in Mortgage Foreclosure and Notice Farmers Trust Company VS Donald L. Clites, and Lacy A. Clites Wesley Cook, Deputy Sheriff, who being duly sworn according to law, says that on April 29, 1994 at 9:06 o'clock A.M., E.D.S.T., he served a true copy of the within Complaint in Mortgage Foreclosure and Notice, in the above entitled action, upon the within named defendant, to wit: Lacy A. Clites, by making known unto Lacy Clites, at 615 West Old York Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Ronny R. Anderson, Chief Deputy Sheriff, who being duly sworn according to law, says that on May 19, 1994 at 8:49 o'clock P.M., E.D.S.T., he served a true copy of the within Complaint in Mortgage Foreclosure and Notice, in the above entitled action, upon the within named defendant, to wit: Donald L. Clites, by making known unto Donald L. Clites, at South Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Sheriff's Costs: Docketing Service Surcharge So Answers: 18.00 6.16 4.00 28.l6 Pd. by Atty. 5-20-94 :: ;e;2;ff':' ~eVDeputy Sheriff - B;. ,d~;1d-1 Deputy heriff Sworn and Subscribed to Before Me This .:J~,q, Day of 7110,/ 1994, A.D.~,.. () IJltlC,_ A9'r P 0 honotary . I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FARMERS TRUST COMPANY, Plaintiff Donald L. Clites, and Lacy A. Clites, his wife Defendants IN MORTGAGE FORECr,.o.S~j:..,-: q'-l - ). ;),0), cw.u I~ No. CIVIL 1994 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 THE COMPLAINT AND NOTICE ARE SERVED, 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. ~ Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 ! I I I I I i ~ I No. CIVIL 1994 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FARMERS TRUST COMPANY, plaintiff Donald L. Clites, and Lacy A. Clites, his wife Defendants IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Farmers Trust Company, through its attorney, William A. Duncan, Esquire, and files this Complaint in Mortgage Foreclosure, of which the following is a statement: 1. Plaintiff is Farmers Trust Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its main office and principal place of business located at 1 West High Street, Carlisle, cumberland County, Pennsylvania 17013. 2. Defendant, Donald L. Clites, who resides at 8 S. Hanover Street, Carlisle, cumberland County, and Lacy A. Clites, his wife, who resides at 615 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about May 15, 1989, Defendants made, executed and delivered to Plaintiff a( note and/or security agreement) and a real estate mortgage financing Eighty One Thousand Seven Hundred Dollars and no Cents ($81,700.00) a copy of said note and security agreement and said real estate mortgage being attached hereto as Exhibits "A" and "B", respectively, and are incorporated herein by reference as though fully set forth. :~i;:L'1A":1:"'~ 4. Said note and security agreement and said real estate mortgage have not been assigned. 5. Donald L. Clites and Lacy A. Clites, his wife are the sole record owners in fee simple of said premises subject to said mortgage, by virtue of a Deed dated and recorded on May 15, 1989, and recorded in the Cumberland County Recorder's Office in Deed Book "938", Page 1159, more specifically set forth in Exhibit "C", attached hereto and made a part hereof by reference. 6. Said note and security agreement and said real estate mortgage are in default because Defendants herein have failed to pay the payments that were due and owing for the months of January 1, 1994 to April 1, 1994. 7. The Plaintiff has given to the Defendants written notice of intention to foreclose on said mortgage as required by law under Act 6, dated March 23, 1994, a copy of which is marked Exhibits "0", and attached hereto and made a part hereof by reference. 8. The Plaintiff has given written notice of default as required by the Homeowner's Emergency Assistance Act of 1983, dated March 23, 1994, a copy of which is marked Exhibits "E", and attached hereto and made a part hereof by reference. 9. By reason of the aforesaid default, the entire principal balance of Fifty Four Thousand Eighy Hundred Five Dollars and 24/100 ($54,805.24) Dollars, with interest thereon at the rate of eight (8.00%) percent per annum computed from January 1, 1994, accruing insurance premiums, attorney's fees in the amount of Two Thousand Eight Hundred Twenty Seven Dollars and 84/100 ($2,827.84) are now due and payable. 10. The Defendants are liable to the Plaintiff for the following on said mortgage loan: A. Principal amount and interest due through January 15, 1994: $54,805.24 B. Interest at 8.00% from 1/15/94 to 04/26/93: $ 1,595.44 C. Late Charges: $ 156.24 D. Attorney's Collection fee: $ 2,827.84 TOTAL: $59,384.76 WHEREFORE, Plaintiff prays the Court to enter judgment in favor of Plaintiff and to order the foreclosure and sale of the mortgaged property and for the amount of Fifty Nine Thousand Three Hundred Eighty Four Dollars and 76/100 ($59,384.76) together with interest thereon, costs and all other amounts advanced by Plaintiff. ~AJ~s~~ Duncan and Otto, P.C. Attorney for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 -' ~:<i...'" VERIFICATION I, Robert E. Rahal, hereby verify that I am an Senior Vice President of Farmers Trust Company, that I make this verification being authorized to do so, and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge. 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. . .; /'t/rf/:: ;1/1 V- Robert E. Rahal Senior Vice President (i / " V ".'; FARMERS TRUST" COMPANY SHORT FORM REAL ESTATE MORTGAGE Ullder Ad of JlUle 2, 1959, P. L. W _:e.. WITNESSETH TillS MORTGAGE MADE the /J day of /Y/7 lu89 husband and wife, of County, Pennsylvania \. BETWEEN DONALD R. CLITES and LACY A. CLITES, 615 West Old York Road, Carlisle, Cumberland 17013, (berelllafter wbether Illlglllar or plural, caDed the Mortgagorl AND FARMERS TRUST COMPANY at Carlllle, PeIllllylvallla, a corporatloll exlltlng nnder the law~ of the Com. monwealth of PelUlJylvallla (berelnafter called the Mortgagee) Wltnelleth: WHEREAS, the laId Mortgagor, by bond of even date berewlth, dands bonnd unto the Mortgagee In a certain prln. clpallum, conditioned for the payment of EIGHTY-ONE THOUSAND SEVEN- HUNDRED and No/100 DOLLARS " 81, 700 . 00 ) aud all addItional moneYI advanced by the Mortgagee, with Internt thereon from the date at the rate provided In laId accompanyIng bond, In *120* monthly payments of not lell lIum ONE THOUSAND TWO HUNDRED NINETEEN and 86/100-------------- DOLLARS " l, 219 . and 86 cents) from the date hereof. to be applied monthly as Interest on the prln. clpal amolUlt of the obligation, or the reduced amount thereof, and the balance of said payments to be applied to reduction of the principal sum, \lntll the principal amount of the obligation and additIonal advances alld olher cbarges made to the Mortgagor or made for the protection of the mortgage security with Intered Is paid In full. All other terms and provisIons of saId bond are speclllcally Incorporated herein by referellce alld made a part herc. of III U let Ollt verbatim hereIn. LATE ClIARGES: 5% of monthly paymellt 15 daYI or more late. NOW, TlIEREFORE, the said Mortgagor, In cOllslderatlon of the sums advanced by or to be advanced by the Mort. gagee, the receipt whereof Is hereby acknowledged, and for securing payment and performance of said recIted Bond as aforesaid, don bereby grant, bargain, sell and convey unto tbe said Mortgagee, Its succellora and alllgOl. ALL: (See attached) .. co u::> =r ==- -c: C) :n c= "1 ;.: ..., ('> ~ 1 '"I ~ "1 ) ...J ;.).)0 ".. .11' ~ :::J . I ,. '.:> " ." ...., , , :',;, :. ~~ t; ~,.. . (.1-. ~ :I: . ,m f(~ en -0 :x ..... -= '.". EXHIBIT o bllOK !J38 I'AC[ 11 ~a , GENERAL PROVISIONS INCOIU'ORATED BY REFERENCE AND. NOT TO BE RECORnr.D IIERE ",1m I The 101l0w'lngls a copy ollhe general provisions. covenaDts, co~dlllons and obllgalloDs contained ID Ihe SlIpulaUoD . 01 Ge~eral Mortgaee ProvlsloDJ w!llch are IDcorporated by reference as an IDleeral part 01 Ihe 10regolDg Mortgage, by virtue 01 the Act of JUDe 2, 1m, P. L. 452, STIPULATION OF GENERAl. MORTGAGE PROVISIONS lIy Formers Trust Com puny. Carlisle. Pennsylvania TilE FOLLOWING general provisions, covenaDts, cODdlthns and obllgollons shall be an Integral part of any mort- gage hereafter recorded ID any County In PeDnsylvanla to favor of Ihe undersigned, herein lermed Ihe Mortgaeee, when such subsequenlly recorded mortgage expressly provides for the Ineorporallon of the following eeneral provi- sIons, coveDaDts, condlllons and obllgallons as an Integral part Ihereof by reference to Ihls recorded sllpulalloD. ADDITIONAL ADVANCES. The Morteage aDd Ihe lieD th~reof shall be security not only for the original fndebt- edDell evidenced by the accompanying Dond, but also for any olher sums that may be IOfned or advanced by the Morteaeee to Ihe Mortgaeor at any lime or times hereafter. PAYMENT OF TAXES, INSURANCE PRE~f1UMS AND OTIIER CIIARGES. From time to time, until the debt and Interest are lully paid, Mortgagor shall pay and discharge, wheD and as Ihe same shall become due and payable. all taus, ossessmeDts, sewer and water rents, and all other charges aDd claims ollessed or levied by any lawful authority UPOD any part of the mortgaged premises; pay all grouDd reDts reserved from the mortgaged premises and pay aDd dlseharge 011 mechanics' liens which may be flied against sold premises and which shall or might have prlolty In lieD or payment to the debt secured hereby; pay and discharge aDY tax which may be levIed by any duly constlluted aulhorlty upon Mortgagee on account of or measured by the amount of debt due hereunder or under Ihe accompanying Bond; provide, renew aod keep alive such policies of haz- ard ood liability Insurauee as Mortgagee may from time to lime require upon Ihe buildings and Improvements now or hereafter erected upon the ~Iortgaged premises, wllh loss payable clauses 10 favor of Mortgagee as lis Interest may appear. MAINTENANCE AND REPAIR OF MORTGAGED PRE\lfSES. Mortgagor shall maintain all buildings and Im- provements subject to Ihls Mortgage 10 good and substaullal repnlr as determined by Mortgagee. Mortgagee shall bave the right 10 enler upon Ihe morlgoged prcmlses 01 any reasonable hour for the purpose of Inspecllug Ihe order. condition and repair of Ihe building or buildings erected Ihereon, and 10 make any needed repairs. NON-PA Y~IENT OF TAXES, INSURANCE, OTIIER CHARGES, AND COST OF REPAIRS. In Ihe event Mortgagor neglects or refuses 10 par Ihe In~es. Insurance premiums or other charges above menlloned. wllhln 30 days of/er Ihe same become due and poyahle. or Inlls 10 molnlaln Ihe buildings nnd Improvements ns aforesaid. Ihen the Mortga- gee, may, at lis opllon but wlthoul any ohllgollon 10 do so. advance Ihe sums rcqulred and add any omounls so ad- vanced 10 Ihe prlnelpol debt secured hereby. and collect Ihe same os 0 part of Ihe prlDelpal debt. "TRANSFER OR ENCUMBRANCE OF MORTGAGED PREMISES. Mortgagor agrees nol to transfer IIlIe to Ihe mortgaged premises unless Ihe Mortgogee eonsenls In wrlllng 10 such transfer. A Ironsfer 10 Ihe sun'lvor or devi- sees or heirs of Ihe Morlgagor or a sale by his personal represenlollves In Ihe evenl of Ihe Morlgogor's deolh shall not come within the prohlblllon of Ihe foregoing sentence, Mortgagor 0150 covenants nnd agrees not to create nor permit to accrue, upon 011 or any port of the mortgaged premises. any debt, lien or charge which would be prlor to, or 00 0 porlly with, the lien of this Mortgage. REMOVAL OR ALTERATION OF IMPROVEMENTS, Mortgagor agrees not to rcmove, demolish or make any sub- stantial ollerollons to any Improvements now or hereafter located on the mortgaged premises unless the Mortgagee consents In wrlllDg thereto. ASSIGN~IENT OF RENTS. Mortgagor assigns and transfers unto Mortgagee any and 011 rents from the mortgaged premises, and outhorlzes the Mortgagee at any time there Is 0 default under the Mortgage or nccomponylng BODd. to toke possession of, rent, repair, and operate sold premises and. after deduellng all costs of collection, operation. repaIrs and admlnlstrallon, to apply the balance of the rents received on account of the obllgallon of Ihe Mortgagor. Mortgagee shall have full power to lease or reDew leases upon such terms oud condlllons as to Mortgagee may seem proper or desirable. ACCELERATION OF MATURITY AND FORECLOSURE PROCEEDINGS UPON DEFAULT. In case default be made by the Mortgagor In the paymenl of any Installmenl of prlnelpal. Interest. or other sums payable UDder the terms of Ihls Mortgage or the accompan)'lng Dond, and th~ tolal nrrenroges nre equlvelant 10 two conlracted monlh- Iy IDslallmeDt payments, or ID Ihe ennl of a breach by Ihe Mortgagor of any of Ihe olher obllgollons. covenants. coodltloll! and agreements set forth In Ihls Morfgoge or In Ihe nceomponylng Rond. Ihen and In such case Ihe enllre unpnld balance of the Indebledness InClUding advances aod all other sums paid by Ihe Mortgagee ID accordance wIth the lerms .Mortgagor agrees nollo transfer IIlIe. legal or equitable, unless ~Iortgagee consents In wrlllng to such transler. This provlsloD Is for prevenllng AgreemeDts of Sale for purposes olher than passlDg legal tfUe wllhlD 180 days of sIgning sold AgreemeDt of Sale. bUUK :J38 I'~Cl t 1 f; , , TOGETIIER with all the buildings, Improvements, and appurtenanccs whatsoever thereunto belonging, and the re- versions and remainders, rents, Issues and prollls thereol and also together wllh all heating, plumbing, cooldag aad lighting IIxtures and equipment. and all screens, storm windows, slorm doors, awnings, and shades, now or bere- alter attached to or Installed In or used In connection wllh the real estate above described. TO IIA VE AND TO 1I0LD the same unto and lor the nse 01 the Mortgagce, lis successors or assigns lorever. PROVIDED, however, that lithe sold Mortgagor shall pay and perform, according to the conditions hereol and sold Bond, everything to be paid and performed as aloresald, then the estate hereby conveyed and granted shall become nnll and void. BY TilE EXECUTION and dellvery 01 this Mortgage and 01 the Bond secnred hereby, the parties hereto agree that there are adopted and Included herein, lor any and all parposes, as nn Integral part thereol, by relereace, the same as II set lorth verbatim herein, all the general provlsloas, covenan18. conditions, and obllgalloas coatalaed In the Stipulation 01 General Mortgage Provlsloas recorded by the Mortgagee In the olllce 01 the Recorder 01 Deeds, In Cumberland County Mortgage Book 441 Page 441 PROVIDED, HOWEVER, that If the Mortgagor shall pay all 01 the aloresald Indebtedaess, Interest and other amouats which may be owing bereander or nuder the accompanying Bond, and shall fally perform all the coven- ants, conditions aad agreements set forth or Incorporated herein and In sold Bond, then thIs Mortgage shaD be void and released at the ellpense 01 the Mortgagor, and the estate hereby granted aad conveyed shall be vnld. WITNESS the dne Bllecntlon bereol the day and year lint above written. SIGNED, SEALED AND DELIVERED IN TIlE PRESENCE OF lJ~t&1A. Donald R. Clites (SEAL) (SEAL) ~Ql'r ;I (l~ Lacy . Clites (SEAL) (SEAL) COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) ss: On this the I? 1~ day 01 (11"i ,( , A.I). 11 8 9 ,belore the nnderslgned olllce, personally appeared Clites, husband and wife, me Donald R. Clites and Lacy A. satisfactorily proven to me to be the person whose namllS are sabscrlbed to the within Instrument and acknowledge that they execated the same lor the pnrposes therein contained. ," ..." IN WITNESS WHEREOF I berenato set my hand and oUlclal seal. I ' ( UJrI! )\.;1-0 ,""t\dt~Wt; , ,.",~,_......, I, . .., .,.. " ""~ . :I,~)':""'. ..:y..h" : '. .... .l.'~''''', '. ~. '. 0. : !~" , ,''''' ".\ ' .- , r) J r' :' . - ,,' -'" :'~'\ - . ~ ") I . ~ >- -. 40 ", ::' E I Aft JJ )_ " ,I . "~ ,.t):'t:, f .\ ,,,,I . ,'..,.".r.' ~ : , . . ." ..',',.. (m{~!..r~.,:/ """"1""" My commissIon ellplres No1arlll- DlICII AoIlrltY, No,.., Milo ClrtlII' lit", C11l1l1t1\1l1d c.unl1 IIyc.IlMIltIIttIElIplt.1Vg.,I,'tIO _..... """I'flnnll AlIIDdIIIon 01 NeIIrl" ' CERTIFICATE OF RESIDENCE I cerUfy that the precise place of baslness of Morteagee I. CarUale, Pennsylvania. FARMERs TRUST COMPANY ( JUU~ ~J3~ fACtI J f;f, 1 . of this Mortg.ge or the accompaDylng Bond, together with Dnpald IDterest thereon, sh.U, .t the oplfoD of the Mort- gagee, and without Dollce. become ImmedIately due and payable, and foreclosure proceedings may be brought forthwith on Ihe Mortg.ge or Judgment may be confessed on the accompanying BODd and prosecuted to JDdgmeDt, execulloD and sale for the colleclloD of the SDme, together with cost. of suit aDd aD attorney's commlssloD for col- leclloD of live per ceDtum of the totallDdebtedDell or two hUDdred doll.n, whfchever Is the luger amouDt. Mortga- gagor hereby forever waives and releases all enon ID said proceedlDgs, waives stay 01 e:recDlfo:J, the right of Inqal. slttOD aDd exteDsloD of Ume of paymeDt, agrees to eODdemDalloD of aDY property fevled DpoD by vtrtDe of aDY SDch executloD, aDd waives aU elemplloDs from levy aDd sale of auy property that DOW Is or herealter may be ex- \, empled by law. SUCCESSOR INTERESTS. The obllgalloDs, CovenaDts, eODdllloDs aDd agreemeDts cODtalDed ID thIs Mortgage aud the aecompaDylDg BODd shall be blDdlDg UPOD, aDd the benefits thereof shall Inure to, the respecUve parUe. hereto aDd theIr respeelfve penoDaI represeDtallves, heln, sDceesson aDd asslgu. 13% for the first year. At the end of one year the rate of interest shall be revised to the then current Treasury Bill Index for maturities of 6 months plus, 5.0% and the IlOnthly payrrents shall be revised to provide for anortization of the then remaining principal and interest at the revised rate in equal IlOnthly payrrents within the renaining portion of the period of years of the anortization tem, and this condition for revision of interest rate and i'Onthly payrrents shall be repeated every twelve (12) IlOnths fran the date of this loan. If such revision is not acceptable to the BoI'CMerjObligor,lMortgagor, then the then remaining balance of principal together with interest at the then current rate shall be imred.iately paid in full. >- r.&:I z 'C ~ C-' c:: .. III ~ .2 < Ul 0 1 r.:l U >- C-' E-<Ul .. a in c Hr.:l {!. c E- ~ ..:lE-< :J If UH ~ Cd ..:l ~ . U 0 ~ I/) .l!! . c:: "'l: o,q: W u :IS ..:l ~ <>t c:: zu ~ 8:S REcORDED In th.e .~nee~or ~rdlng of Deeds!! 8IId for C LJ (V1berlQ()d (ounl-(( In Mortga,e Book ~o. Page I /.:::l1 ae. (5 day of J-1o. (( ~~ \~.\J"~ WITNESS my hllld aud ~ of offiee Ud8 AmID Domini I' 0' ( . ~....._._....._..._-_.__._..._._._._--_.._-_..__.._----- Recorder. b. !J38 l'Ata II f;~ , i .....1 \0) FARMERS TRUST COMPANY MORTGAGE nOND FOR USE \VITII SHORT FORM REAL ESTATE MORTGAGE \VITNESSETII THAT DONALD R. CLITES and LACY A. CLITES, husband and wife, of 615 West Old York Road, Carlisle, Cumberland County, Pennsylvania l7013, (hereinafter whelher singular or plural, called the Obligor), Is held and IIrmly bonnd unto FAR\lERS TRUST COMPANY at Carlisle, Pennsylvania, a corporation existing nnder the lows of the Commonwealth of PenDlylvanla (hereinafter called the Obligee), In the sum of an amonnt consisting of three times the amonnt stlpnlated below to be paid to the Obligee In lawlul money of the United States of America, to be paid to the'lald Obligee, lit certain at- torney, successon or assigns, to which payment well and truly to be mode, the said Obligor does bind his heirs, ell- ecutors, administrators and assigns and every one of them, Jolnlly and severally, firmly by these pre.ents. And al- so condllloned that anything herein provided to the contrary notwithstanding. It Is expressly understood and agreed that the Obligation of this Bond shall cover, as well, any future advances that may be mode by Obligee to Obligor. at any time or times herealler, provided that at no time may the total balance due by Obligor to Obligee hereunder, whether the same represents In whole or In part, the Inlllal advance or any future advance or advances, ellceed the sum of an amount consisting of thre~ times the amount stipulated below to be paid to the Obligee. And the said Obli- gor does hereby empower the Prothonotary or any attorney of any Court of record within the Commonwealth 01 Pennsylvania or elsewhere to appear for him and with or without a declaration flied, conless Judgment against him In favor of the Obligee, Its successors or assigns. as 01 any term, for the penal sum above mentioned. which sum shalllndude and cover all payments required to be made by the Obligor In and by the terms and conditions of this bond as hereinafter set forth. Including also an attorney's commission lor co'lection 01 five per centum of the total of all such payments, or $200,00 whichever Is the larger sum, together with costs of suit; and does hereby waive stay of necutlon or other process on such Judgment, and holding Inquisition on any real estate levied on by virtue of any writ sued out on such Judgment Is hereby dispensed with and waived and condemnation agreed to, whtch real es- tate may be sold under a writ or writs of Execution or other lawlul writ; and all nempltons of personal property from levy and sale on any execullon under any law now In force or herealler passed, Is hereby waived, and further Obligor hereby waives all errors. delects and Imperfections In entering thc sold Judgment or In any writ, or pro- ceeding tbereon or thereto or In anywise touching or concerning the same. and lor the conlesslon and entry of such Judgment, this shall be suWdent warrant and authority. THE CONDITION OF TillS BOND IS SUCII that If the above bounden Obligor. his heirs, executors, administrators or assigns shall well and truly payor cause to be paid to the sold Obligee. lis successors or assigns, within 120 monthsfrom the date hereol, the sum 01 EIGHTY-ONE THOUSAND SEVEN HUNDRED and No/IOO DOLLARS ($ B 1,700 . 0)0 and plI nddltlonal moneys advanced by the Obligee as herein or otherwise legally provided, lawlul moneys, afore said, with Interest at the rate of thirteen per centum ( l3 %) per annum, In monlhly payments of not less than ONE THOUSAND TWO HUNDRED NINETEEN and 86/100 DOLLARS ($ l, 219. and 86 cents) monthly from the date hereof, or to be paid as follows. LATE CHARGES: 5% of monthly payment 15 days or more late. SAID PAYMENTS to conllnue until the principal amount of the Obllgallon, addlllonal advances and other cbarges made to Obligor or made for the protecllon of the mortgage security with Interest Is paid In full. ANYTIlING HEREIN provided to the contrary notwithstanding, It Is expressly understood and agreed that the Obli- gator of Ws Bond shall cover, as well, any future advances that may be made by Obligee to Obligor. ot any lime or limes herenller. pro\'lded lhal nIno lime may lhe lolal balnnee due by Obligor 10 Obligee hereunder, whether the same represents, In whole or In part, the Inltal advance or any future advance or advances, ellceed an amount consisting of three times the amount sllpuJated herelnbelore to be paid by the Obligee. PROVIDED FURTIIER, and Ills expressly understood and agreed, that the monthly paymenlt made by Obligor sball be applied lint to Interest on the unpaid balance of the principal sum and the remainder thereof shall be cred- tted on acconnt of said sum. I PROVIDED FURTIIEIt TIIAT the Obligor shall well and truly pay all taxes (whIch said term "taxes" shall where- ever used In this Bond be taken and held to Include all taxes, water rents and all other municipal or other govern- mental aueuments and charges) which now and also all those which may herealler be auessed, levIed or charged ngalnst the premises granted In the Mortgage aeeompanylng this Bond 81 the same shall fall due, and shall on or before that lIrst day of January of eaeh and every year produee and deliver to the Obligee receipts for all such "taxes" for the current year auessed upon the mortgaged premises, and shall also keep and maIntain at an times, In such company or companies as the Obligee shall approve, a policy or policies of Insurance against loss or damage by lire, or other rtsk as required by the Obligee, In an amount not less than the amount due on this bond upon the buildings and Improvements upon the said premises, and all policIes whatsoever covering the said Im- provements, whether In excess of the required amount or not, shall be duly asslgued aa collateml security to the Obligee, and to be by said Obligee retained, and shall also keep aud maintain the buildings now on the mortagaged premises and any buildings erected thereon while this obllgatlou shall be In force, In good and sulUclent repair, and shall also forthwith repay unto the Obligee any sum or lums of money paid by the Obligee for or on account of any buildings erected thereon while this obligation shall be In force. as above required (which although not so bound the Obligee may pay and malntoln without Inpalrlng any other of the rights hereuuder, and at the option of the Obligee aU such paymeuts or advancel made by the Obligee may be added to the nnpald balance of the loan). WITHOUT auy fraud or further delay, theu this Boud sha'l be void. PROVIDED, however, and Ills helcby expressly agreed that If at any time default be made In payment of saId monthly Installmeuts, and total arrearages are equivalent to two (Z) coutracted monthly Installment paymentt; or default be made In the payment of "taxes" wheu due, or the prompt and punctual maintenance of saId Insnr- ance asslgued as aforesaid wheu due, or the payment of the cost aud premium thereof when due, whether pn.... chased by the Obligor or Obligee, or of any sum or sums paid by the Obligee for or on account of any taxes or pre- miums or either (which paymeuts have not at the option of Ihe Obligee been added to the unpaId balance of the loan), or malntenauce of sold bulldlugs In good and sulflclent repair alter notice from the Obligee, or In the event the building or buildings shall be changed or altered, or If the title. to the mortgaged premises be transferred to anyone otber than the survivor of the Obligor, or his heir or devisees, without the prior witten consent of the Obli- gee, or In case of any default under the terms hereof or the accompanylug Mortgage, and snch default In anyone of these respects exist for a period of thirty (30) days; tben and In such case the unpaid balance 01 the loan Including addltloual advauces aud unpaid Interest sha1\,at the option 01 the Obligee, become due and payable Immediately, and payment 01 sold unpaid balance of the loan, additional advances and all Interest theron and other payment! herein agreed to be made by the Obligor may be enforced and recovered at ouee, auythlng herein contained to the contrary notwlthslandlng; and a writ or writs of Execution or other lawful writ may be luued upon the Judgment obtalued upon this obligation by virtue of the warrent 01 attorney herein contained, or a complaint lu au action of mortgage forelosure may be flied upon the accompanying Mortgage and prosecuted to Judgment and execution and sale to recover the uupald balance of the loau, all additional advances made by the Obligee as herein or other- wise legally provided, allluterest t.,creon remaining uupald. together with all fees, costa and expeuses 01 collect. Ing the same, Including an attorney's commIssion olllve per centum, or $200,00 whichever Is larger, anything here- In contained to the coutrary notwithstanding; and as a concurrent and cumulative remedy or option for the benefit of tbe Obligee, Its successors or assigns, tbe sold Obligor does hereby authorize and empower any attorney of any Court of Record to appear for him lu any court of competent Jurisdiction, to conless judgment agaInst him In favor of the Obligee, Is snccessors or assigns, lu an amicable aetlon of ejectmeut for possessIon of the property secnred by the Mortgage accompanying this bond, and described therein. It Is furtber expressly nnderstood and agreed that, If any sum or sums 01 money shall become payable UD- der any poUeles of Insurance Insuring the mortgaged premises, or by vlrtne 01 any condemnation or taldng 01 the mortgaged premises for pabllc use, the Obligee shall have the option to receive and apply the same on account of this Obligation, or permit tbe Obligor to receive and use It, or any part thereof, for the purpose of repairing the mortgaged premises. or for ony other purpose, wllhout thereby waIving ar 1m paring lhls Obligation, or lhe Uen of tllC Mortgage securing It. The Obligor hereby expressly assigns and tranfen unto the Obligee all sums of money payable under sucb Insurance claims or condemnation proceedings, and does hereby Irrevocably nomInate, C!Oul. tute and appoint the Obligee to act for the Obligor as a true and lawlul attorney for the collection thereol. It Is further expressly nndentood and agreed that the remedies 01 this Obligation and the accompanyln, Mortgage for the enforcement oltbe payment 01 the prlnelpalsum hereby secured, to,ether with Interest thereon, and for the performance 01 the covenants, conditions and agreements, malten and things herein contaIned are Cll- mulatlve and concurrent and may be pnnned singly, or successively, or together at the sole discretion of the Obligee. and .It Is upressly undentood tbat title In this Instance refers to bolh legal and equitable title, Ilnce this Is a rate sensl, debt InslrnmenL m_y be nerclled al OlteD al oeealloD therelor lluill oeear. IF TIns INSTRUMENT II neeuted by more thaD ODe penOD al ObU,alor the aDthortzaUoDl, obU,aUoDl, relpoDlI. bWUel, UabWUes DDd walven 01 eaeh Ihall be jollll and leveral. WbeDever Died, the IIDpJar Damber Iballlllclade the plaral, the plural the 111I1 alar , the Ule 01 aay leader Ihall lIIelude all leaden, aad the woreb "ObIlIOr" aDd "ObU,ee" wberever aled, Iballlaelade theIr beln, exeeulon, admlnlltralon, laeenon, veadeel or a..I,DI. WITNESS ObU,or'l baad and leallhll /./;0. day 01 /Y? V 1189 SIGNED, SEALED AND DELIVERED IN ~RE8ENCE OF II . (Wllllesl) .........................V...7. .L.~..... ~ t< Ct:h (SEAL) ~f Donald R. Clites (Wllllesl) ....1/!i:... ... . ....... ./.................. (SEAL) (Wllllesl) ...... . ........:....................... ~JOf. ,,/ (J ~~';;4) (SEAL) (Wlllleu) ..... ... .................................. Lacy. Clites (SEAL) 13% for the first year. At the end of one year the rate of interest shall be revised to the then current Treasury Bill Index for maturities of 6 llOnths plus, 5.0 and the nonthly payrrents shall be revised to provide for curortization of the then renaining principal and interest at the revised rate in equal llOnthly payrrents within the renaining portion of the period of years of the curortization tenn, and this oondition for revision of interest rate and llOnthly payrrents shall be repeated every twelve (12) llOnths fran the date of this loan. If such revision is not acceptable to the Bor~/Obligor,lMortgagor, then the then renaining balance of principal together with interest at the then current rate shall be inmediately paid in full. /'iJ A' c'c- L /J- ALL THOSE FOUR CERTAIN lots or tracts of land situate in Dickinson Township, Cumberland County, Pennaylvania, being known as Lots Nos. l, 2, 3 and 8 as shown on a Preliminary Final Subdivision Plan for Parent Industries (the "Plan"), which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 50, Page l50, being more fully described as follows: LOT NO.1: BEGINNING at an iron pin set at the corner of Lot No. 3 and Lot No. 2 as shown on the aforementioned subdivision plan; thence by said Lot No.2, North Ol degree 11 minutes 40 seconds East, 815.00 feet to an iron pin set at the corner of Lot No. 2 and on line with lands now or formerly of w.e. Thrush; thence by lands now or formerly of W.C. Thrush, North 78 degrees 27 minutes 34 seconds East, 523.50 feet to an existing post; thence by same, South 02 degrees 27 minutes 24 seconds East, 757.03 feet to a fence post on line with lands now or formerly of W.C. Thrush and at the corner of Lot No. 8 as shown on the aforementioned subdivision plan; thence by said Lot NO.8, South 66 degrees 38 minutes 26 seconds West, 452.97 feet to a point at the aforementioned Lot No. 8 and on line with Lot No. 3 as shown on the aforementioned subdivision plan; thence by said Lot No. 3 on a curve to the left wit a radius of 233.3l feet and a length of l50.00 feet to an iron pin set, the Place of BEGINNING. CONTAINING lO.0729 acres of gross area. WITH the right of ingress and egress over the 50 foot private right-of-way as shown on the aforementioned subdivision plan. LOT NO.2: BEGINNING at an iron pin set at the corner of Lot No. 3 as shown on the aforementioned subdivision plan and on line with Lot No. 10 as shown on the aforementioned subdivision plan; thence by said Lot No. lO, North Ol degree II minutes 40 seconds East, 819.88 feet to an iron pin set at an existing angle iron at post at the corner of lands now or formerly of W.C. Thrush; thence by lands now or formerly of W.C. Thrush, North 78 degrees 27 minutes 34 seconds East, 546.33 feet to an iron pin set on line with Thrush and at the corner of Lot No. I as shown on the aforementioned subdivision plan; thence by said Lot No.1, South 01 degree II minutes 40 seconds West, 815.00 feet to an iron pin set at the corner of said Lot No. 1 and Lot No. 3 as shown on the aforementioned subdivision plan; thence by said Lot No.3, South 77 degrees 57 minutes 4l seconds West, 547.42 feet to an iron pin set, the Place of BEGINNING. CONTAINING lO.OOO acres of gross area. WITH the right of ingress and egress over the 50 foot private right-of-way as shown on the aforementioned subdivision plan. LOT NO.3: BEGINNING at a point in the center line of Old York Road (Pennsylvania Route l74, L.R. 2l009) at the corner of Lot No. 7 as shown on the aforementioned subdivision plan; thence by said Lot No.7, North 02 degrees II minutes 14 seconds West, 520.98 feet to an iron pin set at the corner of the aforementioned Lot No.7; thence by said Lot No. 7 anel Lots Nos. 6, 5 and 4 as shown on the aforementioned subdivision plan, South 71 degrees 41 minutes 39 seconds West, 720.53 feet to an iron pin set at the corner of the aforementioned Lot No. 4 and on line with lands now or formerly of Jennings F. Cox; au ~A~ EXHIBIT ~ -l- iluuf. I):J8 /'AI,lll r;:J PARCEL A . thence by the said Jennings F. Cox, North OU degrees 31 minutes 07 seconds East, 316.08 feet to a nail set in existing post at the corner of Cox; thence by same, South 78 ddgrees 22 minutes l5 seconds West, 137.94 feet to an existing angle iron at the corner of the aforementioned Jennings F. Cox and on line of lands now or formerly of James A. and Mary Ellen Stone; thence by said Stone and Lot No. 10 as shown on the aforementioned subdivision plan, North Ol degree II minutes 40 seconds East, 860.88 feet to an iron pin set on line with the aforementioned Lot No. lO and at the corner of Lot No. 2 as shown on the aforementioned subdivision plan: thence by sa1d Lot No.2, North 77 degrees 57 minutes 41 seconds East, 547.42 feet to an iron pin set at the corners of the aforementioned Lot No. 2 and Lot No. 1 as shown on the aforementioned subdivision plan; thence by the said Lot No. 1 on a curve to the right having a radius of 233.31 feet and a length of 150.00 feet to a point at the corner of Lots Nos. 1 and 8 as shown on the aforementioned subdivision plan; thence along said Lot No. 8 on a curve to the right having a radius of 233. 3l feet and a length of 256.59 feet to a point; thence by same, South 02 degrees II minutes l4 seconds East, 1322.77 feet to a point in the center line of Old York Road (Pennsylvania Route l74, L.R. 21009): thence by the aforementioned center line, South 71 degrees 4l minutes 39 seconds West, 52.05 feet to a point, the Place of BEGINNING. CONTAINING 2l.l348 acres of gross area and subject to a dedicated right-of-way 25 feet from center line of L.R. 21009 containing 0.031 acres. ALSO subject to a 50 foot private right-of-way as shown on the aforementioned subdivision plan. This 50 foot right-of-way is for ingress and egress for Lots Nos. 1, 2 and 3 as shown on the aforementioned plan. BEING the same premises which James H. Guerin, t/d/b/a Parent Industries, by deed dated August 10, 1987' and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book " ", Volume , Page , granted and conveyed unto Donald R. Clites and Lacy A. Clites, husband and wife, Mortgagors herein. LOT NO.8: BEGINNING at a point in the center line of Old York Road (Pennsylvania Route l74 L:R. 21009), said point being the corner of Lot No. 3 as shown on the aforementioned subdivision plan; thence by said Lot No.3, North 02 degrees II minutes 14 seconds West, 1322.77 feet to a point; thence by same on a curve to the left with a radius of 233.31 feet and a length of 256.59 feet to a point at a corner of Lot No. 1 as shown on the aforementioned subdivision plan: thence by said Lot No. l, North 66 degrees 38 minutes 26 seconds East, 452.97 feet to a fence post at the corner of Lot No. 1 and on line with lands now or formerly of W.C. Thrush; thence by lands now or formerly of W.C. Thrush, South 02 degrees II minutes 14 seconds East, l46l.20 feet to an existing pipe on line with lands of Thrush and at the corner of property now or formerly of Donald R. and Lacy A. Clites: thence by lands now or formerly of Clites, South 7l degrees 05 minutes 14 seconds West, 192. 07 feet to an existing pipe; thence by same, South l8 degrees 54 minutes 46 seconds East, l40.00 feet to an existing bolt in the center line of the aforementioned Old York Road (Pennsylvania Route l74 L.R.\ 2l009): thence by said center line. South 71 degrccs 41 minutes 39 seconds West, 157.49 feet to a point, the Place of BEGINNING. CONTAINING 10.4904 acres of gross area and subject DoC, lA~ -2- huU~ :.138 l'AGllHj.l to a dedicated right-of-way of 25 feet from the center line of L.R. 21009 containing 0.0882 acres. UNDER AND SUBJECT to all restrictions, conditions, easements and covenants of record and recorded with the aforementioned deeds in the aforementioned Recorder's Office of Cumberland County, Pennsylvania. BEING the same premises which James H. Guerin, t/d/b/a Parent Industries, by deed dated September 26, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book" ", Volume , Page , granted and conveyed unto Donald R. Clites and Lacy A. Clites, husband and wife, Mortgagors herein. PARCEL B ALL THAT CERTAIN piece or parcel of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated March 5, 1974, as follows, to wit: BEGINNING at a pin in the center of Old York Road (L.R. 21009), at the corner of lands now or formerly of W.C. Thrush, said point being measured along the center line of Old York Road, l,035 feet westerly from the center line of Route 21034; thence extending from said point of BEGINNI"G and through the center line of Old York Road, South 76 degrees 00 minutes West, the distance of 150.0 feet to a bolt at the corner of lands now or formerly of Bessie Peffer; thence along lands now or formerly of Bessie Peffer, North l4 degrees 00 minutes West, the distance of 140.0 feet to a hub at the corner of lands now or formerly of Bessie Peffer; thence along lands now or formerly of Bessie Peffer, North 76 degrees 00 minutes East, the distance of 197.07 feet to a hub at the corner of lands now or formerly of W.C. Thrush; thence along lands now or formerly of W.C. Thrush, South 04 degrees 34 minutes 29 seconds West, the distance of l47.69 feet to a point, the Place of BEGINNING. BEING the same premises which Mason D. Staub and Marjorie A. Staub, husband and wife, by deed dated May 31, 1974 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "Q", Volume 25, Page 359, granted and conveyed to Donald R. Clites and Lacy A. Clites, husband and wife, Mortgagors herein. '\ ~~~ -3- 800K 938 ~Ar.[ 11 fj5 I NOTICE OF INTENTION TO FORECLOSE MORTGAGE TO: T' -r'" ., ;' - Oato 01 Notlco _~;;.l'C:' -," 1 GL'I ~ 1: "1, - """1': ">ro' Loan No, ~CC07C9c . ,-1..,1. . :"I"' ''''''-. The MORTGAGE held by =-." ,1" '~n"r (~"'r.-",... (hereinafter we, us or ours) on your property located at 1 \l,.:.~t if;~h ~~"'r~pt. l"'ilrlit".1,. RR 1.;r.1"; l;P', H. Old York Ild.1 C."\rll:-1... .:..; '~r,-~ IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 1 ,O,j 1. ';:, , 1(> ".L 1<'" 'la I I~l' for the months of .:'.n. ,~.~ ,..f: 7'oj ,and" rc i . ;', and/or because Late charges and other charges have also accrued to this date in the amount of !;J 10';. 16 . The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter. is $:' ~::S.';4 You may cure this default within THIRTY (30) DA YS of the date of this letter, by paying to us the above amount of $ '. '::n. .:. , plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at :"~l""'-'nl'''' 't'''-''f_"r i"'ll~"'\':lr:', . -,':('C"1- Hi~-- -::+-,.,.+:..... ("''''lr1;rln P1\ '''(,\1~ 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 TH I RTY (30) DAYS, we also intend to instruct our attorneys to 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 they 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 the reasonable attorney's fees even if they are over $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 within the thirty day period, 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 day period and foreclqsure proceedings have begun, you still have the right to cure the default end 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 unpeid monthly payments plus any late or other cherges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other require. ments under the mortgage, It is estimated that the earliest date that such a Sheriff's sale couid be held would be approximately '11r., 1 ""4 . A notice of the date of the Sheriff 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 the following number: '>43-''>1'' . This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. 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 rrghts to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUI RE. MENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US TO DETERMINE UNDER WHAT CIRCUM. STANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON.EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION OR FORECLOSURE, If you cure the dela you are not entitled to restored to the same position as if no default had occurred, However. ault more than three times. in any calendar year. ~- I \ (- By 'J.f, 1\ \ )1,: . " . 'II' " JC'/...J. ..':r:~~: (-1", . ..::: :-. ." NIl Ill'~ ~', B~ ,......, EXHIBIT "0 NOTICE OF INTENTION TO F,ORECLOSE MORTGAGE . TO: '-,-~"~"niI ",. "!;t.H' ~i: 'f. .It Ypl-d .1(":\(' . - ~.', : .. i I . :)~, 1 Pil I ": Oato of Notie. _~:.., /"q .,. Loan No. 11.:r'i'('c.~ The MORTGAGE held by r:'m:','l",. ,~".:,'t: (\:':"""l~'.', 1 Ii. lIid: 51'. , Carlislp, 1'./\ 17" ,., (hereinafter we, us or ours) on your property located at li F .j. 'JIll YcrJ: Road. Cll'; ide. , :'j" : 71:, " , IS IN SERIOi..iS DEFAULT because you have not made the monthly payments of $ 1 .(1~' , -I, ''''1 ,,-r.. '(I ".'" hl'C'I'llr:.9' d for the months of <oJ'~ ,'.." ~ - J. l - ;"1' . ~1 .I .. , an and/or because Late charges and other charges have also accrued to this date in the amount of S 10';. 1 (; . The total amount now required to cure this default. or in other words, get caught up in your payments, as of the date of this letter, is $ :..' r ',; You may cure this default within THIRTY (30) OA YS of the date of this letter, by paying to us the above amount of $ ). ",0 ...1 . plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at .'_.-(~,'r' -'''''~1"" ,"-J """:', .. ~;pct' ~fi{_':' ~r'r~....r-t. (.'H-'i;t~n. '::>:'\ 17Q11 If you do not cure the default within THI RTY (30) DAYS, WII intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is 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 to $50,00, However. if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $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 within the thirty day period, 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 day period and foreclC)Sure 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 WIlli as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other require. ments under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately J\.:m:' 1994 A notice of the date of the Sheriff 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 the following number: 243-3212 . This payment must be in cash, cashier's check. certified check or money order and made payable to us at the address stated above. 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 rrghts to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUI RE. MENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US TO DETERMINE UNDER WHAT CIRCUM, STANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON.EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION OR FORECLOSURE, If YOll cure the YOll are not entitle TIT 1I be restored to the same position as if no default had occurred, However. r default more than three times in any caleodar year, \ ,. _I .t I' fIn, I, By --=...JL:.:., ' . /. " " .L', J: "_'ril':"-!:, .,~~.~'. 1-:'. '. -: t, . ~" Nlf Ill"~ ;' ~ 84 I.....' , IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983, PLEASE REAO THIS NOTlC~, YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARO YOUR MORTGAGE P"'YMENTS,,. RE: "'ccaunt No, '00070""; Oata: 1/'P /n~ TO: :","':-::11..: ~{. l":litt:'!-., ol~ ~'j. ole.; '{cd: ~{C'(td, C~u'li,;.]~', P.'1\ 1701~ FROM: :.';nr.:l?r~ 'l.n::.::t C"'-Ir;n""iln~.., , ',J. :-lich St.. C1.l"lif'h.:." Pl~ '''j('l'~, Your mo"g.gal,'a ...Iou. d,'.ull b.c.u.. you have lall.d to pay promptly In.tallm.nts 01 p,lnclp.land Int.r..t. .. ,.qul,ad. la' a p.rlod 01 at I...t .Ixty (50) day., Th. totsl amount 01 the d.llnqu.ncy I. $ :;, :,:<:Cl. d~ ,That .um Includ..lh.'ollowlng: '_~ .:-o::ti',l', ....:\\l,1(--:'!;tsl'f ::'rr.~'.';(l ,.t1Cl) ::cr .Ji'\!l. 111Q4. ?pi' 1n'll. ~1"'(:n"'lf'i' 1(.r::,,:, p ..!..atL '.::'.~'.r('es .:t S1C4. 11::, You' mortgag.I' al.a In d.lault lor Ih. following r.a.on: (u.. thl. pa,.gr.ph only lIappllc.bl.) You m.y b. .lIglbl.'or I/n.ncl.I .,,'.,.nc. Ih., w/1l pr...nl 10r.c/O'u" on you, mortg.g.1I you comply with the provl.lon. 01 the Homaown.rs' Emergency Mortgag. .....I.t.nce Act 01 1983 (the .....cl..), You may be eligible 10' emorgency temporsry ...I.tance II your del au It h.. been cauaed by clrcum.tancea beyond you, control. and II you meat the eligibility requl..m.nta 01 the "'ct a. det.rmlnad by the Penn.ylvanla Hau.lng Finane. Ag.ncy, Pl.... r.ad all 01 Ihl. Nollc., II con lain. aa upl.a.lloa 01 your rlghl., Und.r Ih. ACI. you ... .ntlll.d 10 . I.mpora,y .IIy ollo..c/a.ur. Oa your mortg.g,'or Ihlrly (30) d,y,'rom Ih. d.II ollhl. Nal/c., Du,'ng ,h., 11m. you mu.' ."aag. .nd .rt.ad . "I,c.-Io-I.c." meallng wllh . r.pr...al.II.. 01 Ihl. I.nd... or wllh a dlllgn.,.d con.um.. c..dll counllllag .gancy, Th. purpolI ollhl. meallng I. 10 .rr.mpl 10 wa,k oul a ,.p.ym.al pl.a. or 10 Olh.rwl.. ..111. your d.llnqu.ncy, Thl. maallng mull occu' In Ih. aul Ihlrty (30) d.y., II you att.nd a f.ce-tC>lac. meeting with thl.l.nd.r. 0' with a con.um., cr.dlt coun..llng ag.ney Id.ntltlad In thl. notlc.. no lurth., p,oceedlng. In mortgage loreclo.ure may lak. plac. for Ihlrty (30) day. .ft.r the date 01 thla meeting, The naml, addr... and telephone number of our representative Is: .JC\' D. Tr2vl:r , :,'. Hirr. '~t._ C,~'r.lisl", "'1j, 17r1-= Telephone Number. li'7\'/~":: "''':1') The name(a) and addrell(aa) 01 (a) designated consum.r cr.dlt counllllng ag.ncy(I.., la (a,e): ~l,~"'\ -::01 \'; Strr,pt: C<;l-li' ;p, Pi, 1701'. It la only nee.. sary to achadula onelace-to-face meeting, You ahould advise Ihl.l.nd.r Immadlately 01 your Inlantlon., It you have trl.d and ara unabla 10 r..Olv. thl. p,oblam at or att.r your face-ta-face meatlng. you have the ,Ight to epply far IInanclal alllatanc. from the Hom.owners' Em.rgency Mortgag. Alllat.nce Fund, In ord., to do thla. you must 111I out. sign and file a compl.lad Hom.owners' Emergency AI.lat.nca Application with on. 01 Ih. daslgnatad con.um., credit counsallng ag.ncles IIslad abov., An application lor a..I.lance may only be oblalnad I,om a conaumer c,adlt coun.allng .ganey, Tha consumer cradlt counsallng ag.ncy will alllst you In filling oul you, .ppllcatlon .nd will .ubmlt your compl.tad application to the Pennaylvanla Hou.lng Finance Ag.ncy, Your eppllcalloa muer be lII.d or pDllmarkad within Ihlrty (30) daye 01 your Ieee-la-lac. ma.,/ng, "Is .xt..m.'y Importeal Ihal you III. you, appllcel/aa promplly, /I you do not do 10. or /I you do not lollow th. ath., lima perlads..' forth In Ihl. lerrer. larec/o.ure mey p,oc..d agalnll your hom.lmmed/el.'y end you will (orl.1I your .lIglblllly 10' eae/llaac., Avallabl. lunds for .m.rg.ncy mortg.g. ..olltanc. .,e v.ry IImlt.d, They will be dl.bursed by the Agancy und., the eligibility crltarla ..tabllahad by the Act. "I. u"ame/y Importent Ihel your eppllcellon Is accu,el. .nd campIer. In e..ry ...peCI, The Pennsylvania Hou.lng Finance Agancy h.. .Ixly (60) days to moke a decl.lon .'Iar It r.c.lvas your .ppllcatlan, Ou,lng that .ddltlonal Uma, no lor.clasure proceeding. will be pursued agaln.t you It you hove m.t tha Uma ,.qulrem.nta sat lorth abave_ You will be notlll.d dl,ectly by that Ag.ncy 01 It. decl.lon on your .ppllcatlon, Th. P.nn.ylvanla Housing Fln.nc. Agency 1.loc.tad at: 2101 North F,ont Street. P,O, Box 6029. Ha,rI.burg. PA 17105, Tal.phon. Number (717)780-3800 or 1-800~2-2397Itolllraa numb.,), o Enclo..d al.o Is C You have alr.ady ,.c.lved C In addition you will rec.lve anath., notice from Ihla I.nd.r und.r Act 6 01 1974, That not Ie. I. call.d a "Notlc. 01 Intention 10 For.clo...._ You mu.t r.ad both natlc.s, alncalhay both .xplaln ,Ighta thai you now have under Pennsylvania law, However. If you choose to exercise your rights described In this notlcB, we cannot foreclose upon you during that time. Also. If you receive financial asslstarce from tho Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. EXHIBIT HEMA Rev 1 1/88 p v.ry lruly yours. __ ,), I. ;.- ;( /',l':, , ';~'':' J. ....'ri"1i'(;!.~, :.\[:.::~:. .'':L-\: :.:....~: :{.~~ lR'... .- IMPORTANT: NOTICE OF HOMEOWNERS' EMERGeNCY MORTGAGE ASSISTANCE ACT OF 1983, PLEASE READ THIS NOTICE, YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE P~YMENTS.,. RE: Account No, ; cCCurr:.h ,rc Oa.e: \~ ~ rrh TO: FROM: ."e',' \. ....-,_!; ':;-t; ~1.t-,.,~.~ 1l1t' f. "-),' Vi"" "r....(~. 'P, '-('1 ~ ,Ji'. . "':'", 1 ,...."., , ,.. it r,,...~ oj (.'1'0 '''='-l'~~: l~n7'(i;':', , ;'. :',..i- _:t- . You, marlglg. I. In 1I,loUI dll.ull b.c.uI. you hlv, flll.d 10 PlY promplly Inlllllm.ntl of p,lnclplland Intlrelt... ,oqulred. for a pe,lod of Ill...t Ilxty (60) dlYl, Th. latal .mount of tho d.llnqu.ncy II $ '. ',)', r ., , Thll lum Includ.. tho following: - "':"';~l.' ':'t-~.;t-,. ("r- f7~.:'j~l -( "r" ..~.,..., .-,..........,. _ ..-: ,..... ,r.C'. 'f''''':. .. :l,':.., ",::1. , : '. .. ,t "-. '-a ('J :t:.l.... Your mortg.g. II .110 In d.llult fo, tho following rellon: (u..thll p..lg..ph only If Ippllcabl.) You m.y bl IlIglbl. lor IInlne/l/...I.tlne. ,h., will proronl loroe/o.uro on your mortglg." you comply wllh tho provlllonl of the Hom.awn.... Emlrg.ncy Mortg.g. Alllllanc. Act of 1983 (th. "Act"), You m.y be.llgibl. forom.rglncy t.mporery ...lltanc." your d,'lult hll be.n clulld by clrcumltlnc.. b.yond you, control. Ind If you mOllt tho .lIglblllty requlremlnll of thl Act.. dlt.nnlned by the P.nnlylvlnll Houllng Flnlnc. Ag.ncy, Pi.... rold III ollhl. Nallc., II coar.ln..n ..p/lnallon 01 your right.. Undor Ih. ACI. you lro.ntltl.d 10 "Imparory ",y 01 loroc/o.u,. Oa your mang.gl lor Ihlny(30) d'YI lrom Ih. dllo 01 Ihll Nollco, Du,lng ,h., '1m. you mull .".ng. .nd o""nd 0 "I.co-Io-l.co" m..llag wllh . roprolla'"lIvo o( 'hi. Ilndor. or wllh I dOl/gallod COnluml' crodl' caunllllag.glncy, Tho pu,po.. 01 'hi. m..llag 1"0 II,.mplla wa,k ou,. ropoymoar pl.n. or 10 olhorwlll .111I0 your dlllnqulncy, Thl. mHllag mu.' occur In Ihl n.., 'hlny (30) d.y., If you I<<.nd 0 flc..teH.c. mOllUng with thlll.nd... 0' with I conium.. credit coun..Ung Igency Id.nlllled In thll noUc.. no further proceedlnglln mortglg. fo,oelolure mlY Ilk. pllc, for thirty (aD) dlYI ofto, tho dlle of thl. meeUng, The name, address and telephone number of our representative II: ..... J. '-'.~', ,'- j,.. :ii,"~: ~t'. .~:.1'~.':.;1t:. :'/\ :~/ri TolephoneNumber. ..,:"-..','., . Th,\!'"m.(.,ond eddre..(el' of (I) d..lgnlted conium.. c,edlt coun..llng .gency(les) II (a..): ;..l.".;,. '~G i :.; _' ~l":-t..: C-.rli!:lL', ?.l' ~.:r.i~' 1111 only noe....ry 10 Ichedulo one flCO-lo-face mOllUng, You Ihould Idvlllllhll lend..lmmedlal.ly of your Intlnllonl, If you hl.e tried end ..a unlbl.lo ..101.. thll p,oblom II oro"" your flc..lo-flce meellng. you hlw the ,Ight to apply forflalnclel 1IIIIIInce f,om Ih. Homeown.... Emergoncy Monglge AIII.llnce Fund, In ord.. to do thll. you mUlt fill out. Ilgn Ind fIIo a compl.ted Hom.awn.... Em..gency Alllltlnce AppllclUan with on. ollho deslgnlled conium.. credit counlllllng agenclOl lilted lbo.., An IppllcaUon fo' ellllllnce mlY only b. oblllned from I conium.. c,edll coun..llng Igency, The conium.. c..dll counlllllng aglncy will alllll you In filling out your eppllclllon Ind will .ubmlt your completed Ippllcallon to the P.nn.yl.onla Hauling Flnanca Aglncy, Your .ppllca'lan mull be /fled or poslmorked w/lhfa Ihlny (30) day. 01 your Ilc,,'o-(aeo milling, /I I. ,,'..m.ly Importlntlhll you 11I0 you, Ippllcallon p,amplly, "yau do no' do '0. or "you do nol (ollow Ihl Olh.r 11m. perlod..OI larth In ,hl.,o"or. loroclOlu," m.y praelld .gllall your homo Imm.dl.toly ond you will 10,10" your .lIglblllty lor ''''''.ac., AVllllbl. fundi lor em..g.ncy mortglg. 1IIIIIInce a.. ..ry limited, Th.y will bo dllbuflld by tho Ag.ncy under th. eligibility crllerlo OIlIblllhed by the Act. /II. ..,rom.'y Impart.a' 'hll your Ippllcllloa I. .ccu..to and complo,oln .v.ry ...pec/. The P.nnlyl.lnll Houllng Flnanca Aglncy hll Ilxly (60) dlYI to mlk. e doelllan 1"..II..cel.OI your IppllclUon, During thltoddlllonll lime. no fo..clolu" procOlldlngl will be pUrlu.d agllnlt you If you hi.. metth. Um. ,oqul..menls..t fonh obo.e, You will be nOllfled dlreclly by thot Agency of III doelllon on your Ippllclllon, The Penn.yl..nll Housing Flnlnc. Ag.ncy Illoclled at: 2101 North F,ont StrOllt. P,O, Box 6029, Ha'""burg. PA 17105, relephono Number (717)78D-3800 or 1-800~2-2397(tolll'0ll numbe,). C Enclo..d 1110 Is C You hive II..ody "c'lv.d C In addlUon you will ..c.lve anoth.. nollee from thl. lend.. under Act 6 of 1974, ThOl noUc.11 cIII.d a "NoUce of IntenUon to FO..clo...., You mult ""d bath nollcOl. .Inca th.y bOlh uplaln rlghtl thlt you now have under Pennsylvania law. However, if you choose to exercise your rights delcrlbed In this notice, we cannot foreclose upon you during that time. Also. if you receive financial alllstance from the Pennsylvania Houllng Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. HE"''' Rev 1 1/88 EXHIBIT R ,~ f . .-\ =-- ,- r V.ry truly YOUrl, .~ .) '. , " I " , .,. 1, ,~1:: - ~. . " t;, F,' ' ... ' ,..- f'?';" l:~'.f: " .. I,:~~". . . ,<;.~ }:':~~ ~ "::r .~ ::E: ....... -0 e~ r-- r-.l "" "'- -= ~,... -i~ \.l~t::;~ ,"'j'~~- ITf:.;:; ;;";':i :;.~;:~?;' :J . ,.,~>,,~ t, .t. ,. .~~ ll~ :.~ ~ .1,....'l.o f....-. ~;-;. ","" . .t t ~ t~ ~ ~ ~ e, ~V; ~ ~ ~ ~ ~ .~""- l'c)\)'o- .~ ~ .'~~ '~ " ~ ~~ ~~l<l "'~~ ... . .... p):>t!l 0 0 . to- ...:l>ll;; ~ .... """'0 Cll it ~ os z~:o: .... . '" _~'a ~ z ~.... 'tl :. !II O'lifCll!;: ""H .: ... III !II I:l ...:- o .:.: ~~ '" III ~ to 'E ~ ~~:5 ..c'tl 0'" '" .: e... c: ,U c: . ~ . Cll it!~~ o I '" > "'.... 0 Hill Hl<lCll U<O.; HUZ "'.... ...:lHQ 0<: 0 iil"" UH ! ~ P!H ...:l . ~ o H H .U U U ...:l l<l < '" . t.) 0<: ~< i:il<l:;:l ~ Z~~ Zt) HUU 8:5 '. ,