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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (/1 1/JL.. /( <,J )11I..H'-'
VS.
DONALD R. CLITES
and LACY A. CLITES,
Defendants
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice have been served.
To defend against the aforementioned claims, a written appearance
stating your defenses and objections must be entered and filed in
writing by you, the defendant, or by an attorney. You are warned
that if you fail to take action against these claims, the court may
proceed without you and a judgement for any money claimed in the
complaint or for any other cl~im required by the plaintiff may be
entered against you by the court without further notice, You may
lose money, property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU c~r GET LEGAL HELP.
CUMBERLAND COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa. 17013 -- (717) 240-6200
NOTICIA
Le han demandado a usted en la corte, Si usted quiere defenderse
de estas damandas expuastas en las paginas siguientes, usted tiene
viente (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita 0 en
persona 0 por abogado y archivar en la corte en forma escrita sus
defensas 0 sus objeciones alas demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomara medidas y
puede entrar una orden contra usted sin previo aviso 0 notificacion y
por cualquier queja 0 alivio que es pedido en la peticion de demanda.
Usted puede perder dinero 0 sus propiedades 0 otros derechos
import antes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE
ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONZ A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL:
CUMBERLAND COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa, 17013 u (717) 240-6200
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
VS.
DONALD R. CLITES
and LACY A. CLITES,
Defendants
CIVIL ACTION - LAW -
t IN MORTGAGE FORECLOSURE
COM P L A I N T
1. Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, is a
corporation originated under an Act of congress and existing pursuant
to the Federal National Mortgage Association Charter Act, with a
Servicing Agent of MARGARETTEN & COMPANY, INC., having an office at
P. O. Box 26388, Richmond, Virginia 23260-6388,
2. Defendants, DONALD R, CLITES and LACY A. CLITES, are adult
individuals whose last known address is 615 West Old York Road,
Carlisle, PA 17013.
3. On or about May 31, 1974, said Defendants executed and
delivered a Mortgage Note in the sum of $25,500.00 payable to BOGLEY,
HARTING, MAHONEY AND LEBLING, INC., (original Mortgagee), a copy of
which Note is attached hereto and marked Exhibit "A".
4. Contemporaneously with and at the time of the execution of the
aforesaid Mortgage Note, in order to secure payment of the same,
Defendants made, executed and delivered to original Mortgagee, a
certain real estate Mortgage which is recorded in the Recorder of
Deeds Office of the within County and Commonwealth in Mortgage Book
Volume 578, Page 534 conveying to original Mortgagee the subject
premises. Said mortgage is incorporated herein by reference. The
mortgage was assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION, and
recorded in the within County in Volume 210, Page 471, on August 6,
1974,
5. The land subject to the Mortgage iSI 615 West Old York Road,
Carlisle, PA 17013 and is more particularly described in Exhibit "B"
attached hereto.
6. The said Defendants are the real owners of the land subject to
the Mortgage.
7. The Mortgage is in default due to the fact that Mortgagors have
failed to pay the installment due on March 1, 1994 and all subsequent
installments thereon, and the following amounts are due on the
Mortgage:
(a) Unpaid principal balance
(b) Interest at $3.90 per day
from 2/1/94 to 8/31/94
(based on contract rate of 8.75\)
$16,285.48
826.80
(c) Accrued Late Charges
(d) Escrow deficit
96.67
578.17
(e) 5\ Attorney's Commission
TOTAL
889.35
$18,676.47*
*Together with interest at the per diem rate noted in (b) above after
August 31, 1994 and other charges and costs to date of Sheriff's
Sale.
The attorney's fees set forth above are in conformity with the
Mortgage documents and Pennsylvania law, and will be collected in the
event of a third party purchaser at Sheriff's Sale. If the Mortgage
is reinstated prior to the sale, reasonable attorney's fees will be
charged that are actually incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any
jurisdiction.
9. Notice of intention to foreclose and to accelerate the loan
balance has been given to the Mortgagors in accordance with Section
403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have failed
to reinstate the Mortgage in accordance with the provisions thereof.
A copy of the Notice is attached hereto and made a part hereof as
Exhibit "e".
10. Defendants are not members of the Armed Forces of the United
States of America, nor engaged in any vlay which would bring them
within the Soldiers and Sailors Relief Act of 1940, as amended.
11. Plaintiff has complied with the procedures required by
Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mor.tgage
Assistance Payments Program) and Defendants have either failed to
meet the time limitations as set forth therein or have been
determined by the Housing Finance Agency not to qualify for
assistance.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure
against Defendants for the aforementioned total amount due together
with interest at the rate of 8.75% ($3.90 per diem), together with
other charges and costs including escrow advances incidental thereto
to the date of Sheriff's Sale and for foreclosure and sale of the
property within described.
By
~~ & HALLER
/."'Jr)!
I Le . Haller
Attorney for Plaintiff
I. D, #15700
1719 N. Front Street
Harrisburg, PA. 17102
(717) 234-4178
,-
'lld YOl'k RAI. (1..1\. ~1009)
n1ckiuOll """.cu.HI'J,ad co.
(R.D. 7 011'11.1.,'.,)
l'~;NNSYLV ANIA
v.. ,.,,. I~.n. . Illume Lotn I
llevl.ed A~'U'1 l'iltl6, I.'KI 1It1.
IInnlL l'ilfl't1lln 11111), TIll, ~II.
lUI,l', Arrlptabl. to ....1.,.1 N..
Uunal Mutt..... A.~l.ll.'",
MORTGAGE ~OTE
$
.,/
CumberlwDd County
25.500.00
Pennsylvania,
~y )/ ~7~
. -
rOR VALUE RECEIVED, the undersigned, "OONALD R. CLIT!S and LACY A., hh wife
, hereinafter called the Maker, promises to pay to
BOGLEY, HARTING, MAHONEY & LEBLING, INC.
a corporation organized and existing under the laws of the ,State of Maryland , or order, /
hereinafter designated as the Payee, the prine! pal sum of /1'WENTY ';'IV! THOUSAND FIve ::lTllDRED ./;
Dollars ($ 25.500.01}'-
eight aDd v . I
with interest from date at the rate of three quaner. per centum (,\ 3 4"',) per annum on the
unpaid balance until paid, The said principal and interest shall be payable at the 0iIlCe of the P.y..
in Rockv1l1e, Maryland at
and o~ such place ~ the holder mav designate in
writing in monthly installments of "[~~l~:;m>RED "" Dollars ($21)0.69, ~~encing on the
first day of July . 1974, and on the first day of each month thereafter until the princi.
pal and interest are fully paid. except that the tinal payment of the entire indebtedness evidenced
hereby, if not sooner paid, shall be due and pllyable on the Iirst day of June ~~'1i'
-
Privilege is reserved tu prepay at any time. without premium or fee, the entire indebtedness or
any part thereof not less than the amount of one installment, or One lIundred Dollars ($100.00). which-
ever is less.
Simultaneously with the execution of this :o.:ote the ~laker has executed and delivered to the Payee
a ~lortgage secured upon certain premiRes situaterl in the ('ollnty of r"n~"rl::ltl-1
Commonwealth of Pennsylvania, more particularly described in the ~Iortguge, All of the tel'ms. cove.
nants, provisions, conditions, stipulations and allreements ('ontained in said ~Iortgage to be kept and
performed by the ~Iaker are hereby made a part of this Note to the same extent and with the same
force and etYect as if they were fully set forth herelll, and the ~Iakel' covenants and agrees to perform
the same. or cause the same 10 be kept and p,'rformed, stl'ictly in accordance with the terms and pro-
visions thereof,
The whole of the principal sum or any part thereof. and of any other sums of money secured by
the ~Iort~age gi\','n to secure this :o.:ote, shall. forthWith. at th., option of the Payee or any subsequent
holder thereof, hecome due and pRyabl., imm!'diately, Without notie.' or demand, If default be made in
an~' pavmpnt IIndpr this ;\ott', ann if tl\f' dl'f:\1ilt i~ lint mad,l J,-"Ol 11 I print' tn tilt' dill' rlatp nr the next
such installment; "I' upon the happ.'ninl( of an\,' default whil'h, Ity th!' temlS of th., ~Iol'tl(alle given to
secure thiR ~()te. ~hall tmtitle th() Pa~'PP. 01' an.\' ~lIh~pqupnt holdpl' lwn~of. to dt'l'lal'l' the :-\ame. or any
part thereof. to he due and payaltl.,.
The :\Iaker dne!-l hereby f'mpO\\'flr any att()rtlll~' of a!1~' l'ollrt Ilt' rl'l'ont within the Vnited Stnte~
or elsewhere to appear for ~laker. with or without a del'ial'ation lilt'd. IInd c"nfess judgment or judll'
ments allain~t ~aid :\Iakt:r lI\ favor of thp Pa,Vl'l' 01' any :-;UU:-Il'qUllllt holtlt'1' ht'I'l'tlt', a~ of any term, for
the entire unpaid princip.11 "f this ~utt'. and all other sums pa,,1 It\,' th., hulder hel','"f to 01' on behalf
of the ~laker pursuant to the terms of this ~ot., or ,',II<I ~Iol'tJl':IlI'>, and all al'l'eara~"s of intt'rest there-
11. tll).(t'thl'l" with ll);'t,-,;, tit' 'lilt. ;.ttli!'lit',\'., ,,'I1~llll:<~il!1l 'd' 5 (<II' l!qlt'dillll. aud a I't.'Il'i.L:-\e III all
t'ITorR. on \,thich Judgment execution 01' l'xt.'('utinJls may i:-l~lIe forthwith, The ~Iakel' htlreby waives
the right of inquisition on all property levied upon to collect the indebtedn,'g, eviden"ed hereby and
does voluntarily !'ondamn the same and authorIZe" the Prothonotary to enter such condemnation, and
wuive~ and release~ all laws, flOW in forc(\ or hereafter enaet(ld. nllatin~ to eXl'mption, appraisement
or gtay of execution,
The aJl'reements herein contained .hall hind. and the h..rwtits an,l advantalles shall illure to, the
respet:th't' Slll't.'e~:wrs and aH:.'Hgn~ of the pal'tit.1s hl'reto. \\,ht'I't.'vt.'l' (lSt.'11. tht} ,,,\1fljltilar numher :-lhall in~
clude th., plural. the plllral lh.> sinJl'ular, and ttH' "'" of anv ....,,1'" shall hI'
V A'". ....n.. . j JI"III' J..uu'
K-rl.... Aq~.. u... e.. Up-
Uonal. I'MItillln lillI), Till, 3".
lJ.,!;,('. AtrtlJlabl. it) ....1.,.1 Na.
tlunll Murt.... A....I.lllm.
l)lcl YOllk Rd. (L. R. .!1009)
nlekiuOD 'l'Vp.cu.beI'J,ucl ~.
(R.D. 7 car:l1.1.,'..)
PF:NNSYLY ANIA
MORTGAGE NOTE
$
15.500.00
,,/
CumberlaDd Couoty
Pennsylvania.
~y )1 ,1t-7~
-
FOR VALUE RECEIVED, the undersigned. "'lXlNA1J) R. CLITES and LAC'f A., hie vife
, hereinafter called the Maker, promises to pay to
BOGLEY, HARTING, MAHONEY & LEBLING, INe,
a corporation organized and existing under the laws of the $tate of Maryland , or order. /
hereinafter designated as the Payee. the principal SUnt of -1'WENTY!'IV! THOUSAND 'IV'!! :~mlDlllD "'(
Dollars ($ 25.500.0tr-
eight aDd v , /4
with Interest from date at the rate of thll.. qualltel'. per centum ( 3 3 "',) per annum on the
unpaid balance until paid, The said principal and interest shall be payable at the 0i!lCe of the Pay..
In Rockville, Maryland at
_.I ot'such place 111 the holder may designate in
TWO HUNDllED a... "" ./
writing in monthly installments of ,i'l/lOO Dollars ($21)0.69, ~mencing on the
first day of July . 1974. and on the first day of each month thereafter until the princi-
pal and interest are full,' paid. except that tho! Iinal payment of the entire indebtedness evidence'.!
hereby, if not sooner paid, shall be due and payable on the Iirst day of June , '~~0/1 _
Privilege is reserved to prepay at any time. without premium or fee, the entire indebtedness or
any part thereof not less than the amount of one installment, or One Hundred Doilars ($100,00), which-
ever Is less,
Simultaneously with the execution of this !\'ote the ~[aker has executed lInd delivered to the PlIyee
a ~Iortgage secured upon certain premises situated in the Count,' of r"',,,p.rlan'l
Commonwealth of Pennsylvania, more particularly llescribed in the Mortgage, All of the terms, cove.
nants, provisions, conditions, stipulations and all'reements eontaincd in said ~[ortgage to be kept and
performed by the Maker are hereby made a part of this Notc to the same extent and with the same
force and effect liS if they were f'Jlly set forth hereiu, and the Maker covenants and agrees to perform
the same, or cause the same to be kept and performed. 8trictly in IlCCOrdllnce with the terms IInd pro-
visions thereof,
The whole of the principlll sum or Ilny pan thereof, and of any other sum" of money se,'ured by
the Mortllllge given to secure this :\ote. shall. forthwith, at the option of the Payee 111' any subsequent
holder thereof, become due and payable immediately. Without notice or demand. if default be mnde in
an:'r' paympnt IIndf'r thi~ \"ottl, and if ttlP dd'nlllt i~ lIot m:lCltl J!o/1I1 Jlt'jn,' tn tlw dllt\ dattl I\t' the next
such installment; or upon the happeninl( of any default whkh. hy the terms of the ~[ortl(lIl(e Iliven to
secure this Note. shall entitle the Pa,'e,>, Ill' an,' sub,,'quent holl!er hereof. to d,','Jare the same. or IIny
part thereof. to be due 11Ild payable.
The Maker cloes hereby empower any attot'tlt',' IIf any ,'oul'! IIf n'eord within the United Stllte.
or elsewhere to appear for ~laker, with or without a d.'l'laration filed, and cllnfess judR'ment or judll'-
ments ullnimo\t Raid Mnkt!r ill favor of the P:,~'t.ll' 01" any :-iub~l'qut>nt holder hpreof, a~ of any term. for
the entire unpaid principal IIf this Note, 1l111! all other sums Pllir! hy th.. holder her"lIf to Ill' on behalf
IIf the ~[lIker pursuant to the terms of this Not" Ill' said ~lortgllll"', anrl all al'l'eamges of interest there.
,11. tOJ,(ether with ~'tJ"t:-; IIi >uit. attl/l'llll,\",-; Illfllll1b:-ijlfll III 5 ftll' lldlt'l:lion. aud a release of all
errors, on which judgment execution Ill' l'xeeutlOns may issue forthwith. The ~[aker hereby waives
the right of inquisition on all property levied upon to eolleet the indebtedness evidenced hereby and
doe8 volulltllrily l'ondemn the Saml' and authorize8 the Prothonotary to enter such condemnation. and
waive8 IInd release" all laws, now in forel' or hereafter enllded, relatillR' to exemption. apprnisement
or stay of execution,
The lIR'reement. herein contained shall bind, anrl the helwtits IInd advantllll'es shllll inure to. the
re:-\pectiv~ :-\ut'<.'esl'Iorl'l and a;-lSlj,lIlS of tht) pal'tit.ls hprl'lo, \\"ht,t'l'Vt1I' wwd, tht-' ,>;Jfl)llllul' numht.l}' :'IhuH in~
elude the plural. the plural thp sinlllllal', and th.. 1I~11 or' any 1l~,tlCll'r ,~hall tll' applit'ahlf1 to ullllendprR
IN \VITNES:; \VHER~:n}o', lhtl ~rakt>l' ha~ /'jul;..t'd thl':..t. PI'l':"WlltK to l,tl t'.'\t'l'\III.d 1I1ldl'r Kl'ai th.,l day and
year Iirst ahove written,
, .
/([
,
')~,)' .
....HW- t /
,
; .'" '" '
/J.',;JH~,.(I ji (..(~ t.t"
;OtfALD ;"I':'''~;
It; (1 <'_'j N '. 'n,t'. ,
:..\GY .\. :'".I;.'r.S
(SEAL)
1 SEAL)
(SEA!.)
I SEAl.)
TIlI~ l~ To 1',:RTIFY that thi. i. the
with ~('(.'urlld on l'l~al t'statp situatt' in
:\lItt1 dl'Kl'rihf1d in and ,~f\l'lU'l'd b~' ;\llll'tlli\M'll ,,1' t"d'lI dati' hl'l'l'~
~umberlnnd l'o"lflt,\'. ('llmmlJ!I\\'pj\~h Ii!' 11"IJII.',;YI\'an,a,
}I tlL,ll"iw-uJc .JIJ..Ll ,p
J I . "'II''''!1 "I.M,t'
II ~'1 L';n~,n. . t' /..:c. ~'j, tl77I,;,1 ,
It
III
MARGARETTEN & COMPANY, INC.
MOmGAGEBANKERS
TO FORECLOSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE THE RIGHT TO ASSERT IN
THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR OTHER DEFENSE
THAT YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. IF THE MORTGAGE IS
FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE
1l0RTGAGE DEBT. If we refer your case to our attorneys, but you cure the
default before they begin iegal 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'E
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 'ro PAY 1'HE ATTORNEY'S FEES.
We may dlso sue you personally for the unpaid pr incipal balance and all other
sums due under the mortgage.
If you have not cured the default within the thirty-day period and foreclosure
proceedings have begun, you stlll have the right to cure the default and
PREVENT THE SALE AT ANY TIME UP 1'0 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 (AND PERFORM ANY OTHER
REQUIREMENTS UNDER THE MORTGAGE), It is estimated that the earliest date that
a Sheriff's sale could be held would be approximately November 25, 1994. 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 1-600-535-5170 (toll free). 'rhis payment must be in cash,
cashier's check, certified check, or money order and made payable to us at the
address stated above.
,ou should realize that a Sheriff's sale wiil 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 OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
(YOr: MAY HAVE THE R rGHT "a ::ELL OR TRANSFER THE PROPERTY SUBJECT TO THE
MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT PROVIDED
Po. BOX 26388. RICHMOND. VA 23260,6388
III
MARGARETTEN & COMPANY, INC.
MOmGAGE BANKE~S
May 25, 1994
NOTICE OF DEFAULT AND NOTICE OF INTENTION TO FORECLOSE
Under Section 403 of Pennsylvania Act ~& of 1974
TO: Lacy A Clites
b15 W. Old York Rd
Carlisle, Pa 17013
Loan No. 1428887
Mortgaged Premises:
G15 W. Old York Rd
~arlisle, Pa 17013
The MORTGAGE held by Federal National Mortgage Assoc. (hereafter we, us, or
ours) on your property noted above as "Mortgaged Premises" IS IN SERIOUS
DEFAULT (because you have not made the monthly payments of $345.22 for the
months of March, April and May 1994.
Late charges (and other charges) have also accrued to this date in the amount
of $&5.24. 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
$1,035.&6 (payments) + $&5.24 late charges (and other charges) ~ $1,100.90.
IF YOU CARRY ANY TYPE OF OPTIONAL INSURANCE (such as health and accident,
accidental death, or other life insurance), 'rfIE AMOUNT DUE ON THIS INSURANCE
is not included in the total delinquency stated above. If you have questions
about this optional insurance, call our Optional Insurance Department at (804)
289- 360 1.
You may cure this default within THIRTY (30) DAYS of the date of this letter
by paying to us the above amount of $1,100.90, plus any additional monthly
payments and late charges which may fall due during this period. Such payment
must be made by cash, cashier's check, certified check, or money order payable
to Margaretten & Company, Inc" 2810 N Parham Rd., Richmond, Virginia
23294-4400.
If you do not cure the default within THIRTY (30) DAYS, WE INTEND TO EXERCISE
OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. Th is means that whatever is
owing on the original amount borruwed 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
Po. BOX 26388, RICHMOND, VA 23260.6388
III
MARGARETTEN & COMPANY, INC.
MOmGAGE BANKERS
1'0 ~'oRECI.OSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE THE RIGHT TO ASSERT IN
'rill! f'ORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR OTHER DEFENSE
'I'IIAT YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. IF THE MORTGAGE IS
FOIII!CLOSED, YOllR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE
MORTGAGE DEBT. If we refer your case to our attorneys, but you cure the
,lefllult before they begin logal proceedings against you, you will still have
1,0 pay tho reasonable attorney's fees, actually lncurrad, up to $50.00.
However, if logal proceedings are started against you, you will have to pay
I.ho relluonll.ble attorney's fees even if they are over $50.00. Any attorney's
feos will be added to whatever you owe us, which may also include our
relluonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD, YOU
WlI.I. NOT BE REQUIRED TO PAY THE ATTORNEY'S FEES.
We may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
[[ you have not cured the default within the thirty-day period and foreclosure
proceedings have begun, you still have the right to cure the default and
PREVENT THE SALE AT ANY 'rIME UP TO ONE HOUR BEFORE TilE SHERIFF'S FORECLOSURE
HALE. YOU MAY DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY PAYMENTS
PLUS ANY I.ATE OR OTHER CHARGES THEIl DUE, AS WELL AS THE REASONABLE ATTORNEY'S
~'f:ES AND COSTS CONNECTED WITH THE FORECLOSURE SALE (AND PERFORM ANY OTHER
REQUIREMENTS UNDER THE MORTGAGE). It is ostimated that the earliest date that
,I Sher iff's soio could be hold wouid bo approximately November 25, 1994. A
notlce 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
WII l t, You may find out ilt any tlme o"actl y what the required payment wlll be
by calling us at 1-800-535-51'/0 (toll free), 1'his payment must be in cash,
cauhlor's check, certified check, or money order and made payable to us at the
IIddresB ststed above.
'{ou should realize that il Sheriff's sale will end your ownership of the
mortgaged property and your right to remain in It. If you continue to live in
tho property after the Sheriff's saio, a lawsuit could be started to evict
you.
You have additional rights to help protect your interest in the property. YOU
IIAVE 'rHE 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.
('lOll r,tAY HAVE TIlE RIGIIT TO SELL OR TRANSFER ','HE PROPERTY SUBJECT TO 'rHE
MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT PROVIDED
PO. BOX 26388. RICHMOND, VA 23260-6388
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of
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff
I IN THE COURT OF COMMON PLEAS
CUMBERI,AND COUNTY, PENNSYLVANIA
I NO. (if 1 IJ ) (I, /It f! ) ll'YV'-
VS,
DONAt,D R, CLITES
and LACY A, CLITES,
Defendants
CIVIL ACTION - LAW -
I IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the fOllowing pages, you must take action within
twenty (20) days after this complaint and notice have been served.
T~ defend against the aforementioned claims, a written appearance
stating your defenses and objections must be entered and filed in
writing by you, the defendant, or by an attorney. You are warned
that if you fail to take action against these claims, the court may
proceed without you and a jUdgemer.t for any money claimed in the
complaint or for any other claim required by the plaintiff may be
entered against you by the court without further notice. You may
lose money, property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND CQmIIX
Court Administrator, Cumberland County Courthouse
Carlisle, Pa. 17013 -- (717) 240-6200
~OTICIA
Le han demandado a usted en la corte, si usted quiere defenderse
de estas damandas expuastas en las paginas siguientes, usted tiene
viente (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita 0 en
persona 0 por abogado y archivar en la corte en forma escrita sus
defensas 0 sus objeciones alas demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomara medidas y
puede entrar una orden contra usted sin previa aviso 0 notificacion y
por cualquier queja 0 alivio que es pedido en la peticion de demanda.
Usted puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted,
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO TIENNE
ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA C LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRIDA ABA.TO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL:
CUMBERLAND CO.J1mX
Court Administrator, Cumberland County Courthouse
Carlisl.e, Pa, 17013 -- (717) 240-6200 TAUECOPYFROMRECORD
In Testimony w,*eoI. IlIIre unto III my hInllI
and th9 Mal of I COU~ ~ ~rlItIt, PI.
Tt. 1/1 ~(, yof ('t" 111"/{
5. The land subject to the Mortgage is: 615 West Old York Road,
Carlitlle, PA 17013 and is more particularly described in Exhibit "B"
attached hereto.
6. The said Defendants are the real owners of the land subject to
the Mortgage.
7. The Mortgage is in default due to the fact that Mortgagors have
failed to pay the installment due on March 1, 1994 and all subsequent
installments thereon, and the following amounts are due on the
Mortgage:
(a) Unpaid principal balance
(b) Interest at $3.90 per day
from 2/1/94 to 8/31/94
(based on contract rate of 8.75%)
$16,285.48
(c) Accrued Late Charges
826.80
96.67
(d) Escrow deficit
578.17
(e) 5% Attorney's Commission
TOTAL
889.35
$18,676.47*
*Together with interest at the per diem rate noted in (b) above after
August 31, 1994 and other charges and costs to date of Sheriff's
Sale.
The attorney's fees set forth above are in conformity with the
Mortgage documents and Pennsylvania law, and will be collected in the
event of a third party purchaser at Sheriff's Sale. If the Mortgage
is reinstated prior to the sale, reasonable attorney's fees will be
charged that are actually incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any
jurisdiction,
9. Notice of intention to foreclose and to accelerate the loan
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(l.D. 7 ~11.1..'..)
PENNSYLVANIA
MORTCAGE NOTE
.
25.5~0.00
~,/
C\&mbltrLuW COWlty Pennsylvania.
'1.oy j I -;-n-7~
'rlOl(AIJ) l. CLITlS and LAC'! Gb vir.
FOil VALUE RECEIVED. the undltrnlgnell,
, heulnu.Hef cnlh/llth. Mak", proml..1I to pay to
EDGLEY, HARTING, MAHONEY & LEELING, INC.
a corpontlon orllnllN and ulltln, under the law I of the Stltl! of Maryland , or order,
h.r.lnall.r dlllrnal.d al IN. Pay.., tho p,lnclpal lum of -t\I!NTY PlVE T110USAICIl PM :!tlll\lll!ll ./,
Dollan U 25 .500.0lJ"-
dabt aDd ~ I
wlth intn'lt from date It the rnt, of th..e. qu.J'ce"l per c.ntum ( 3 3 4 rl:) ptr annum on the
unpaid baran.. until paid, Th..ald principal and Interllt _NIII b. payabl. It tho 0llICi of tho '.y"
In Rockv1U., Maryland at
_. o~ lucN pl." a. tho hold.r may dlllrnat. In
TIIO HIlNDIl!Il .'M.,- ./
wrlllnr In monthly Inltallm.nlt of "?/100 Dollan (1200.69. eaIiIm.nclnr on th.
nnt day of JlOly , 197~, and on tho nut dBY of .a.h month Ih.'OIl1er untllth. p,lncl.
pal and lnt.uat ar. full)' paid, except that the nnal payment of the entir. ind.btfdnHI fvidtnc.d
hlreby, if not .oontr paid. .hall b. dUt And pllYllble on the nut do)' of June , ~''',4 _
Prlvll'lt Is reserved to prepoy at ony time, without premIum or flf, the enUre ind.bttdn... or
an)' part th.reof not 1011I than the amount of t)M in"tIlUment. or One lIundnd Dollars (1100.00), which-
ever 111.11.
Simultaneously with the fXl!cution of thill Note the ~fnkl1r hM l"xecuted (Snit dellvtr,d to the Pay,e
" Mortral' aecuud upon ~crtntn premillell !'tituated In the Count,\! of f\nf)erlQQr! ,
Commonw"Alth of P,nnsylvania, more pnrtlcularly ducrlbed In thl.' Mortr4Ke, All of the terms, COVf.
nantl, provisions, condltionll, stipulations And Aifr.htments contAined in Ilald MortR'8ltlt to be k.pt and
p.rform~d by the Maker nre hereby mAde (I, purt 0( thill ~ote to the 1:1Am. extent and with th. sam.
torel o.nd effect nil i( they were (ull>' ~et (ol.th hltrl.'in. nnd the Moker rO\'l'nll.ntll nnd Rifrfes to perform
the aame, or couse the lSame to be kept And performtd. IItnctly in Accnnll\nce With the turns llnd pro-
visions thereof.
Th, whol, of the principal sum or any pllrt thultof. nnd of Bny other suml of mon.y lUlcur.d by
the Mortrar' riven to secure this Note, shnll. forthwith. at the option of the Pa>'.e or any subsfQu,nt
holder th.reof, bteome due and payable immediatel)', Without notice or demand. It default be mad, in
Ilny payment undtr thi8 S'l')te, and i( tht ri.(nult 'I' not mndll vond 11fInr M lhp due ft:J.t(' or the nnt
lIuc:h installment; or upon the hnppenlng of Rny default which. by the term~ Q( the MortKRM'e giv.n to
St1::UYlt this Note. shall entitle the Po>'et, I)r nn>' i\uh!equent holder herent. tn lil'dare the eame. or any
port therl!ot, to be due and payable.
The Maker does hel'eby empower nny attorney of An>' court o( record within the United Stat.!
or .Iuwhere to appeor for Maker. with or without n declorlltion filed, and confell Judlfnl.nt or Judr-
ments allalnst Mid Mahr In fnvor of the Payee or nny subl'lequent hold.r hertof. as of ony tum, for
the .ntlre unpaid prlncipnl of thi! Note. and all other sums pAid by the holdtr hereof to or on b.half
of the Maker pursuant to tht terms of thill Note or said :\Iort(ll.re, nnd alll\rrlararfS of Intereat there-
nn. torether with '(J~ts of suit. attorlll.'Y':4 cllmmlKsill1l o! ~ ; (01' l'JII~ctiol1, Ilud Il I'l.'leuse of 011
errors. on which judrmtnt execution or executions may iuue forthwith, The Maker hereby waivIs
the rlsht d inquisition on all property levied upon to collect the indebtednellS evidenced hll'eby and
does voluntnrlly condemn the 51\me and Authorizfs the Prothonotary to Intlr such cond.mnation, and
wa!vt!II and relt!lI.l\elI ull IAw9, n.)W In force or hereafter enacted, rtlatini to exemption, Rppro.islment
or ,Stuy of eXl!cution.
'rh. l\liI'ruments herfln contl\lned IlhAIl bind, Rnd tht benet\t" und ndvnntall't11 shall inure to, the
respective :tuccesgors und nSSlrns or the parties htreto, Wherever u~erl, thl! !llnllular number ~hall In-
clude the plural. the pluf'al the sinru1nr, and the Ull~ or nny M'l!lld..-r :thall be lIJlplkable to ull Kenders.
IN WITNESS WHERf:OF. the Mnkel' nll!l cnulled th"!lt' pl't!!l"lItll to be t'xecuteti lInder lleol the day Knd
year ftrst abovt written.
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THI~ Is Tn CERTIFY that tnl~ Ii tile Nntl! ll'~crihed In and !lltCUrl!lt by MortR'llge of eHI! elate nue-
wltN ,.,u,..1 ,," ""'11 ,,,,,,,,,,,<,,",, In ~u..berlnnd ('ownly. l'nmmnnll'oJIiI,N nf I'pU",...I"Iln.:.
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MARGARETTEN &. COMPANY, INC.
MOmGAGE BANKERS
TO FORECLOSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE THE RIGHT TO ASSERT IN
THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR OTHER DEFENSE
THAT YOU MAY HAVE 'fO ACCELERATION OR r'ORECLOSURE. IF THE MORTGAGE IS
FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE
MORTGAGE DEBT. If we rofer your case to our attorneys, but you cure the
default before they begin logal 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 1'HE ATTORNEY'S FEES.
We may also sue you personally for the unpaid principal bfllance and all other
sums due under the mortgage.
If you have not cured the default within tho thirty-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 SHERIrT'S FORECLOSURE
SALE. YOU MAY 00 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 (AND PERFORM ANY OTHER
REQUIREMENTS UNDER THE MORTGAGE), It is estimated that the earliest date that
a Sheriff's sale could be held would be approximately November 25, 1994. 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 1-800-535-5170 (toll free), 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 rights to heip 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 P~Y OFF THIS DEBT.
(YOU MAY HAVE THE R [GHT TO :lELL OR TRANSFER THE PROPERTY SUBJECT '1'0 THE
MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT PROVIDED
PO, BOX 263B8, RICHMOND, VA 23260-6388
III'
MARGARETTEN & COMPANY, INC.
MOIll'GAGE BANKERS
TO FORECLOSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE THE RIGHT TO ASSERT IN
THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR OTHER DEFENSE
THAT YOU MAY HAVE 'fO ACCELERATION OR FORECLOSURE. IF THE MORTGAGE IS
FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE
MORTGAGE DEBT. If we refer your case to our sttorneys, 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 foes 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 THE 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 foreclosure
proceedings have begun, you still have the right to cure the default and !
PREVENT THE SAl.E 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 (AND PERFORM ANY 0THER
REQUIREMENTS UNDER THE MORTGAGE). It is estimated that the earliest date that
a Sheriff's sale could be held would be approximately November 25, 1994. 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 1-800-535-5170 (toll free). 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 reallze 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 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 TRANS.'ER THE PROPERTY SUBJECT 'fO 'rHE
MORTGAGE TO A BUYER OR TRANSFEREE WHO WII,L ASSUME THE MORTGAGE DEBT PROVIDED
PO, BOX 263B8. RICHMOND, VA 23260,6388
III
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