HomeMy WebLinkAbout94-05624
q)
11
u.
.
-;#
a5
-
~
--V
.r:
LC
~
J
:r-I
~I
I
:::r-
a-
~
. i
01
"7:
"
i
i
,
.,
t;.
"
"
\
)
.//
"
"
i;
U'>
en
-
..
~~..~
x:
c...
:.0
.->
;..,
:r.
..
-,
. . ....
'.
. "
"'f
!..AwOFFICU
ARTHUR M. FELD
. ....
1309 8oloGI SmUT
NrN CUMBllllAAO. PA 1707(}.1116
717.77Cl-0292 F.. 717 -77D-OJ89
..
.If
.I
"
-
THE FIRST NATIONAL BANK OF
KARYSVILLE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
Plaintiff
vs.
NO. 94-S624 CIVIL TERK
RICHARD A. FLURIE
SUSAN C. FLURIE N/K/A
SUSAN C. AL8RIGHT
Defendants
CIVIL ACTION - LAW
REPLY TO NEW KATTER
14. It Is admitted' that this is the second time that a
foreclosure action has been filed, but Plaintiff was not a
party to 4440 Civ! I 1989 and bas no knowledge of what took
place.
IS. Denied. Plaintiff has no knowledge of what actions
Defendant Susan C. Flurle n/k/a Susan C. Albricht will take.
Wherefore, Plaintiff asks for judgment against the
Defendant as prayed for in the complaint.
[\- \:~\ .~XN
Arthur M. Feld
Attorney I.D. No. 07172
1309 Bri dge S t.
New Cumberland. PA 17070
(717) 770-0292
...
...
-
.
VERIFLCATION
Larry O. Reich .tate. ,ubJeot to the peaaltle. ot
18 Pa C,S. Section 4904 relatlns to una.orn tal.itlcatlon to
authoritJe.. that he/.he I. tbe Vice President of the
Plalntitt in this matter, that he/.he I. authorized to make
thl. aftldavit on Its behalt and tbat the tact. .et torth In
the'tore,oln, pleadin, are true and correct ot the best ot
hl./her knowledle, Intormatlon and beliet,
Date: Jan. 6,
,1995
F~atio~aJ.J Qank of MarysvUle
~f~~.P'
Larry D. Reich, Vice President
.
First National Bank of Marysville
-vs-
Richard A. Flurie
Susan C. Flurie n/k/a Susan C.
Albright
In the Court of Common Pleas of
Cumberland County. Pennsylvania
No. 94-5624 Civil Term
Complaint in Mortgage Foreclosure
and Notice
R. Thomas Kline. Sheriff who being duly sworn according to law.
says he made diligent search and inquiry for one of the within named
defendants to wit: Richard A. Flurie. but was unable to locate him in
his bailiwick. He therefore deputized the Sheriff of Luzerne County
to serve the within Complaint in Mortgage Foreclosure and Notice according
to law.
LUZERNE COUNTY RETURN: Now Monday october 17. 1994 at 11:05 o'clock A.M.
served the within Notice abd Complaint in MOrtgage Foreclosure upon
Richard A. Flurie ~t his residence. Box 552 Sugarloaf. PA by handing to
Debbie Shenyo- Adult person in charge and made known unto her the contents
thereof.
So answers: Frank J. Jagodinski Sheriff
Luzerene County return is hereto attached.
Michael E. Barrick, Deputy Sheriff. who being duly sworn according
to law, says on October 12, 1994 at 6:41 o'clock P.M.E.D.S.T..he served
a true copy of Complaint in Mortgage Foreclosure, in the above entitled
action upon the wihtin named defendant to wit: Susan C. Flu.ie n/k/a
Susan C. Albright by making known unto Sus~n Flurie Albright at 141 South
Enola Drive, Enola, Cumberland County. Pennsylvania, its contents and at
the same time handing to her personally the said true and attested copies of
the same.
Sheriff's Costs:
Docketing 18.00
Service 8.96
Surcharge 4.00
Out of county 5.00
Luzerne County 24.00
$ 59.96 pd. by
atty 10-26-94
So answers:
~~'IC:~
R. Tho.mas Kline,. ~eriff
~4'-.- ~ -P jk4"/--::
By
-~- - -..--
Deputy Sheriff
Sworn and Subscribed To Before Me
This 1/~' Day offtir"r,-~
/"
1994, A.D''---}..-7~ () }lL..il. ,0~-
Prothonotary
1 -, C rr C m-......, !-",-~ ....-r. f....'.~ ,.,....~........~ ..'..,.,........., P-"'r:c-yl\ ---.....
., , n~ ou' cr .:.~ U'~.I r __~ '-...J...-...:.:;. .-"'- .....-'-... J I .:::....., '_4'~""
,
First National Bank of Marysville
'is.
Richard A. Flurie
:-fo.
'l4-'i624 ~Il
Tp.rm
---.
:?_-
:iow,
October 04, 1994
'9 I. S._""--- 0'" ",~",,'~":n "...... CO......'-v :>.. "
.-. .~~~ ;!......,...u,.:).:..._~'\JJ ow."..........-Q
:=-..:,y d..;:UC= t!:.:l Si='..:i cl
Luzerne
c...u:ty :0 e::::-.n.: = '.V:::.
=.:.s :..~u=::cu :.:..,ao =u:.: :u ~ ::::ru.:n ~d ::.sk of :.:: ?'"l:_~.
. --. .
r~~~-
SAL~ ,t '::=::u'.:l:1t C.u::t7. "2.
Affida.vit or Sem~
:iow, MONDAY. OCTOBER 17
~9 q4
. -.
11. nC\
o'.:!ce:
^ ',L 1~.-:-:i
.
:.:~ wi.~:"
NOTICE
RICHARD A.
AND COMPLAINT IN MnRTr,Ar,F FnRFf.ln<:IIRF
'FLURIE
'Jp<3n
1;
HIS RESIDENCE. BOX 55? <;lIr,ARI nAF PA
'':;'f :.:u:cili:1; :0
DEBBIE SHENVO - Anlll T PFR<;nN TN f.HARr,F
:L
c::py ai :::.e ~::t...., I
r"
md _:'Jr_ Cowa :0
HER
. .'
:.::.: .::::::::s :"~:..-=L
~n ',"", .~
So :u:.sw=. <..- ~ ""> ~
DEPUTY SHERIFF
~"~'I:~~~:UAq~~
.
=.~.llill"" ~
c? e
':'-)........c~C,
I '
! g ...Q.4.
COSTS
Su.v"!CZ
~~-\GZ
A:: LlJAVrr
.s
3wcr.1 :md 1:lCsc:-J:d bei= .
'v'
.
-'24.00.
--Jf~:.- ,
,:::'i/it
~f#'
-.ij
:~~
r_ ~-.I
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
NO. 94-5624 CIVIL TERM
THE FIRST NATIONAL BANK OF
YARYSVILLE
vs.
RICHARD A. FLURIE
SUSAN C. FLURIE NIKIA
SUSAN C. ALBRIGHT
Defendants
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Arthur I" Feld, Esquire, of 130~ Bridge St. New
Cumberland, PA 11010-1116, certify that on the 10th day of
January 1995, I served a copy of the Reply to New Matter to the
Defendants, Richard A. Flurie by mailing it to him at Box S52
Sugarloaf, PA 18249-9546 and Susan C. Flurie n/k/a Susan C.
Albright by mailing it to her attorney, Sanford A. Krevsky, Esq.
at 1101 North Front St. Harrisburg, PA 11102 by regular mail.
postage prepaid.
D
v~, r;&
Arthur M. Feld
Attorney 1.0. No. 01112
1309 Bridge St.
New Cumberland, PA 11010-1116
(1 11) 170-0292
Attorney for Plaintiff
m
-
.:;;."".
~
m
,.,
...:
'-
0'")
-
-
..
.,
-',
THE FIRST NATIONAL BANK OF
MARYSVII.LE
Plaintiff
IN THE 'COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
vs
No. 94-5624 CIVIL TERM
RICHARD A. FLURIE
SUSAN C. FLURIE N/K/A
SUSAN C. ALBRIGHT
Defendant/s
MORTGAGE FORECLOSURE
CIVIL ACTION - LAW
Please enter judgment in favor of Plaintiff and against Defendant,
Richard A. Flurle at Box 552 Sugarloaf, PA 18249-9546 for failure
to plead to the Complaint within twenty days from service thereof.
( hereby certify that the Default Notice required by the
Pennsylvania Rules of Civil Procedure was sent to each of the
defendants at the addresses set forth above as shown on the copy
attached hereto. Assess damages as follows: $98,263.96 together
with interest at the per diem rate of $24.99 after October 20,
1994. and all other charges and costs incidental thereto to the
date of Sheriff's Sale and for foreclosure and sale of the property
within described,
To
Prothonotary
January 10, 1995
o
vh.wSJ
Attorney for Plaintiff
.,,'
THE FIRST NATIONAL BANK OF
MARYSVILLE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
Plaintiff
vs.
NO. 94-5624 CIVIL TERM
RICHARD A. FLURIE
SUSAN C. FLURIE N/I/A
SUSAN C. ALBRIGHT
Detendan ts
MORTGAGE FORCLOSURE
CIVil ACTION - LAW
To RICHARD A. FLURIE
Defendant/s
You are hereby notified that on JANUARY ,1995, the
following judgment has been entered against you,
DEFAULT JUDGMENT IN THE AMOUNT OF $98.263.96
TOGETHER WITH INTEREST AT $24.99 PER DIEM, AFTER OCTOBER 20.
1994. AND ALL OTHER CHARGES AND COSTS AND FOR FORECLOSURE AND
SALE OF THE PROPERTY.
Date: JANUARY', ,1995
/S/ ,)1;t~'U! n/P f! lLb. !.k(
ProthonotarY/l:'l
I hereby certify that the name and address of the
proper person/s to receive this notice is:
RICHARD A. FLURIE
BOX 552
SUGARLOAF. PA 18249-9546
SANFORD KREVSKY. ESQ.
1101 NORTH FRONT ST.
HARRISBURG. PA 17102
Defend i dos/as
por este medio Ie esta notificando que el JANUARY ,
1995 el/la siguiente Fallo ha anotado en contra Suya en el
caso menicionado en el apigrafe.
.
,;
fecha; JANUARY
,1995
Protonotarlo
Cortifico que la si,ulente direcclon es I~ del defendldo/a
se,un Indic.da en 01 certitlcado de rosldencla.
RICHARD A. fLURIE
BOX 552
SUGARLOAf, PA 18249-9546
SANfORD KREVSKY, ESQ.
1101 NORTH fRONT ST.
HARRISBURG. PA 17102
"
0!2J
"::1" r-J ~
en
- ,,'")
= . ,- ~
--r ~-.\)
""
'".;J --..:::J-
= le~
<"") ~
0- G:::::!
~.' . ~ l. ~
= '~
~
r~ ~~~\
."..
\'-)"j ~
'-.. '-...
t.. ..,
- ... ..
,
LAWOFIICtl
ARTHUR M. FELD
1309 BmooE SmUT
NEW CUMllERlAAO. PA 1707().1116
717.77().()292 FAX 717.77Q.0389
~ .
~
FIRST NATIONAL 8ANK OF
MARYSVI LLE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaint 1ft
vs.
';.J 1'.....-
NO.9'" f(,;J 'f e.-, ~
RICHARD A. FLURIE
SUSAN C. FLURIE
N/K/A SUSAN C. ALBRIGHT
Defendantls
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
COMPLA I NT
I. Plaintiff is First National Bank of Marysvllle, a
Pennsylvania corporation with an address at 101 Lincoln Street, PO
Box B, loIarysvllle, PA 17053.
2. ltlchard A. Flurie, a Defendant and Mertgalor, is an adult
Individual with an address of RR _I BOK 552, Suearloaf, Luzerne
County, Pennsylvania 18249-9546.
3. Susan C. Flurie now known as Susan C. Albrieht, a
Defendant and Mortlaeor, Is an Ildult individual with an address of
141 S. Enola Drive, Enola, Cumberland County. Pennsylvania 17025-
2712.
4. On or about December 14, 1988, Mortlagors executed and
delivered a Note in the sum of $107,200.00, payable to The First
National Bank of loIarysvllle, a copy of which Is attached hereto,
marked Exhibit "A" and made a part hereof.
5. ContemporaneouslY with and at the time of tbe execution of
the aforesaid Note, in order to secure payment of the same,
Defendants made, executed and delivered to The First National
Bank of Marysville, a certain real estate Mortlaee which Is
recorded In the office of the Recorder of Deeds of Cumberland
County, Pennsylvania In Mortgage Book 0926, Pale 9, conveylne the
subject premises to Plaintiff, which morteale is Incorporated
herein by reference.
6. The land subject to the Mortgaee is situated In the
Township of East Pennsboro, Cumberland County, Pennsylvania and Is
more particularly described in Exhibit "B" attacbed hereto and
made a part hereof.
7. Morteaeors are the real owners of the land subject to the
WHEREFORE. Plaintiff demands judlment alalnst Defendants.
Richard A. Flurle and Susan C. Flurie now known as Susan C.
Albrilht in the amount of $98.263.96. tOlether with interest at
the per diem rate of S24.99 after October 20, 1994, other charles
and costs incidental thereto to the date of Sheriff's Sale and
Judlment alainst all Defendants and for foreclosure and sale of
ths property within described.
Q
t It , f(QD
Arthur". Feld
Attorney I.D. No, 01112
1309 Bridle Streeet
New Cumberland. PA 11010
(111) 110-0292
Attorney for Plaintiff
VERIFICATION
LaL'L'Y D. Reich states subject, to the penaltle.
ot 18 Pa C.S. Section 4904 relatlnl to unsworn tal.ltlcatlon
to authorities. that he/she Is the Vice Pre..ident. tor
the Plaintiff in this matter. that he/she Is authorized to
m~ke this atfldavlt on its behalf and that the tacts set
torth In the fore,oing pleadin. are true and correct ot the
best of his/her knowledge. information and belief.
Date: SeptembeL' 26, 1994
~~~~~.A4
LaL'L'Y D. Reich, Vice PL'esident
,.
I
I
,
Me....p Ika4 .. . c..,...oIo6-&:L ,. I.... I..
NO. II
1Kuow all iltu by t~l'l1t 'rts~ut~
mllat Richard A. Flude and Sua an C. Flurill his wife, of ialt :PIM.boro
TOWl\4hip, Cunberland ColJnty, Pa., Obligor. and ruti.. of thl F1r1~ Pert are
A"~ ..~ ~'"'' ",II<! ..I, First National Bank of ~lary,vn1e, I1acyviUe\ Perry
Count.y, Pa. Obligee 0
. e",.,.,,,, "'" ",..~,,,. I."',,,,,~,, 'N .... ,,1111., .oJ" .." II ..,twJ,oI" ,A ,.. I.., .,
141 BI.,. .,,,....,'...,.. I. 'A, ,... ., Q,a hundred .Ivsn thousand twb hund ed fSl07,_200.00)
Doll.". I.",,", ....". ,. .. ,.1.1 '0 , . ../J O.'If/" .
if, ....,...." If' .""...
2'. .AI,l ,.,.,.,. ...11 .... 'III, '0 b, ...", we
II,
b'...
oUUll eI, our
A,I". II ft"" U" ..,.1..
I
.
11'''''''. .." ...A 'N '"" ., ,"'... ~'"'' ., 'A", "",.".
8,01," wI.A our-oIS. D.',,, ,A, l4th "., ., De;ember
i. 'A, 'II' 0' ." 14.., NI."". 110"'",' .." eighty-eight '
1I~, lIo"blll'" af lilt. .bllgllloll I. 'Ul~. TA" I' ,A, ,..., Obll,,,, .their I
All". "".1", 0' .elOII.II'''',II .A.II ..eI "0 .,111 .." '"1, ,.,. " ,.... II ., ,.I~ u'o A, ..,d O."'~' ,
i'. ,.....,." " ''''g.', 'A. ....., Ql~ Hundred Seven 'Thousand and 00/100 ( 107,000.(0)
Dollars lawful money of the ~lited State'l p'yable on demand, togs her with interest
at tho rata of ten and ona half percent ( O.50~), per annun, on the. unpaid principal
balance. In abssnci .)f demand, O'lllgora shall pay to Obligee tho .un of $1,184.99
~n January l!__, 1989 ~ld a like sum of $1,184.99 on ths lame daylof eadl a'~
every month-rn&reaft.r ~\til .ald principal sun with int,rest at the rat. of aforasaid
is paid in full. Said monthly pa:,ments shall be applied flrst to ho payment o,e
tnterest and the balan:. on the reduction elf. the principal indsbt nesa. In the
event of the aale of the mortgaged property, by land contra~t or 0 herwi8e, the
entire balance of the principal '~Ul wediately become due and pa able at the
option of tho Obligee.
I
I
.." "., d.U ,,, IA. ,..... .", IA. "".1'.,. .,.. .A, I.." d.."lhel /. ,A, M",J.g, ""..,u".,
,Ai, .""L ~."".. /'f.IA'L .1~'~' ./ ,A, )lft".g". '0 lA, ......, ,"1 I,,,, One ijundred
8(.-v~n tnousand \$ 0/,200.00) D./I." .." ,." ..1 .0 i........
.. ..14 .,Ud'." ." .....,., ,,, 'A. ....~I ., 'A, H.",.,,,. IA,. ,A. .b.., 0&//,.1/0. ,. b, .0''', .r ,I..
'0.. .." "...,. /. /.11 /"" .." vI,I... AND ,A, f."A" ...Jill.. ."A" 06//g.1I00l" 'IIA /A., " .1
.., 1111. "".." ",.11 6, ...d, ,. ,A, ,.,...., .,.A, pr/.d,.I .. lA, I
/.1,.... " .,.",.'d.'.. ,At 'p'" ./. 30
01.,. ",,, .., ,.,...., ,A",,/ "',,, '.11 eI.,. ,r /, , .,...A ., '" "A" o"A, f."g.'.' ~.n4Ill... ., ...",
b, ,At ..'d 06/1901 a. ,A,. .A, IIld p,iotip.' .... ,A./1 6...,., .I... ..d p.,,,,,., ., Ill, ..',,, 1011.\ I.,,,.
",. ,.... ..d ..." ., I.,.,..., tI., lA"to.. II .f.,,,./d ,.gllA" ",IIA '" JII4M1't., C.....''''.. ./
,,, ".1. .. n. ,,1.1 ,ri.dp" ".. 6,,'".. ..'1. ., ,.11, ..., 6, ..,.,,,.1 '''.1 ,...."..1 .. ..".
~"b .u,14rr we rlo A",6, '11""" u, Alltwu, III ."..~ l' us
~;,d,:::~::;,!'~:~::'~::~:~' 'l/.i.".IJ.S. "" liS ,. ......' ,. , " " ...' I~~~~".~'-'A.:...'~~..'~ ~~..'.~.~~~'~.:~ ..:
f., ,A, 1"'" ,,,.. d... ....1'...'.1. ..i,l ...11 0' ..II. ",.'.I.g 11., .f "...11... "i,'d' .. ..~ .11 ",.,.
./0. I..,. .." we f.,'A" .".. ,A., ,A. ..14 "" """ flU' I,
..,.I .,... .1111 .."..
II....d. '&lle4 .ad doll"rc.! la
Ill. P'UtllCl ,1
~~~...._..._..._..
~ ?...-/k;q2.
_~ \' _.J2'..:.. " '__...('IAI,)
l~hard A. Flur~~ .I "/'
'td/l.-JI.L.!_.7~._.._...('I.lL)
Suaan C. Flurie
EXHIBIT A
-
Tract 11
ALL n1AT CZRTAIN tract of and lituate in E'Mt Pwmboro TowrWdp, n-lard
County, Pa., bounded and described U fo.\l.owl
BB:INNIOO et a point in the middla of South !ails Drift, 173.2.5 feat III8U\.II:'e:l
nortm.anlly along South Enols Driv. ftolll the _tern line of Penn Street at corner
of 1snda now or lsta of S. OsBensdatto. thence along said UIndI and along UIndI
now or lata of Newton L. IC.app, South 79 dagrue Wat 252.45 teet to a point;
thanea by lands now or lata of IIanry Ban:ler, South pa degrees E'Mt. 90 fHt to a
. point; thence by lands now ot: Llts of C2larlu Edward ItIllIIl8 et we, North 79 dagrlltils
East 252.45 feat to a point in tha center line of South !ails DriVII; t1wx:a along
the center line of South Enola Drive North 08 dagreu Wut 90 feet to the point
or place of BEGINNIOO.
Having thereon erected a one story brick and block building known as 125 S.
Enola Drive.
BEJ:N:; the SlIDe pr!lllises which the Enola First 01urch of GOd, by ita deed
dated Fell. 22, 1988 and Rec:lr.ied in the Off:lca of the Recorder of OlIads in and
for QlDbsrland County in Deed Book E-33 Page 971 granted and conveyed to
Richard A. Flurie and Susan C. Flurie, his wife, !tlrtpgOrI herein.
Tract 1:
ALL n1AT CE!l:lliN pieca of ground known as Lot 4, in Plan .:If Lots laid out by Hsnry
3ender (now deceased) May 10, 1905, recor:hld ill Deed Book R, Vol. 6, Page 691, in
Carlisle, Ps., ,Uuate in East Pennsboro Township, Qlllberand County, Pa., bounded
am describe:! as follows:
BmINNIro at North corner of Lot No.4, t;hich point is ninety (90) f.et ,south of
Penn StrBet and on State Road; thence in a southeastern course along State Road,
thirty (30) feat to Lot No.5; thence in a southwestern course slong Lot No.5,
ons hundred and fifty (150) feet to second StrBet; thence in e northwestern c:ourae
along Second StrBet, thirty (30) feet to Lot lb. 3, now or tOl:lllllrly af Sherman
R. EichalberAer; thence in a northeastern Course, said Lot No.3, one hundred 8Ild
fifty (150) [eat to St3ts Road or plsca of BEGINNING.
Having thereon oJredted a 2; story frame dwell.ing with insulbrick, known as No.
141 S. Enola Drive, Enola, Pa. .
BEIOO mE SAME premises whi;h Earl BawIIr and 5aDdra S. 1IolMr, hill wife, 8Ild Carl
W. Snyder, Jr. and I.sabe11a Snyder his wife, by their d.-i dated .Itma 27, 1968
and recorded in the Office of the Rec:ordolr of Deeds in end For n"-..and County
Pa. at Deed Book V-22 Page 192 granted and conveyed to Richard A. Flurie 8Dcl SuNIl
C. Flurie, his wife, Mortgagors herein.
EIlIIBIT B
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
.._._------_.._~-" .,-----_..~ .--" -
TO
Richard A. F1urie
RRtl Box 552
suqarloat PA 1H249-9546
D... of Not'c. 6-11.,3L-__
Lo.n No _l.l.240~
The MORTGAGE held by The First National Bank ot I'larysvill.
(hereinafter we. uS or oursl on your property located at 12S S. Eno1a Dr., e:no1a. PA and
141 ~ F.nnLs.-~_.- E'"ola. P'
IS IN SERIOUS DEFAULT because you have not made the monthly payments 01 $ 1,164.99
lor the months 01 Juh.. .Tllly. ,and ~u'Ju.t 14. laa4
and/or btlceuse
Late charges and other charges have also accrued to this date in the amount of 594.80 . 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 $ J.L2...tl. 77
You may cure this de/ault within THIRT'r' (301 DA YS of the date of this letter, by paying to us the abov. amount
of $ 1. fi4Q 77 , 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
The FlrA~ N;ttll RAnk nf ~ryc"i l1p '01 T int"V"\ln ca.. M.,'j'8"ill'l PA 17051
If you do not cure the default within THIRTY (30) DAYS, we in rend to exercise our right to IICce/erata the
mongage 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
ths amount of default is not made within THIRTY (30) DAYS, WI! also intend to instruct our attornays 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 altorney's fees. actually incurred. up to
550.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even
if they are over 550.00. Any altorney'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 frillS.
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 Ihirty day period and foraclosure proceedings have begun, you still
have the right to cure the de/ault and prevent the sale et any tima up to one hour blllore thll Sheriff's foreclosure 18111.
You may do so by paying thll total amount of the unpaid monthly payments plus any latll or other charges then dUll,
as _II as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirrt-
ments under the mortgage. It is estimated that the oarliest date that such a Sheriff's sale could be he,d would be
approximately 11-19-94 . 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: Q<; 7 -, t QF. . This payment ;nuS! 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. I f 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
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 REQUIRE.
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,
II you Ctlrt~ rhe def.wlr rile f1Iorrgaqe will be restored to the SiJrne pOSItIOn .J5 If no default hJd occurred. However,
you dre not entitled to tl11S rlqht to curt! your default more than three tlme'j In dny calendar year
EXHIB IT C
p., -.::l n(C"1~__
~1. :{. .\'spec, PC"~s toe~t
, IMPORTANT NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1M3.
PlfABE REAO THIS NOTICE. YOU MAY BE ELIGISLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAvIIIENTS.
212409 0.10: Auq. 17, 1994
R!; ACCOU"t No.
TO:
FROM:
Richa~d A. rlu~ie
The Fi,st National Bank of Marvsville
Your mO"Q.g. I' In ""ou, d",ull bee.u.. you hlv, tailed to pay promptly Ina,,"men'. 0' prlnclpa. and lnt.,...t... requited. for.
~'lod 0' I' ,.u. IlaCy teo) dIVI. Th. 101.' amounl of 1ft, d.lInquenC"t' I. S J ~ It 9 7' . TMI lum Includa the foUowttlg:
53,554.97 Principal & Inte~8st and 594.60 Late CharqQ8
Your mortgage 1I.'ao in dlflul. tor Ihe 'ollowlng ,...on:
(UH tnlo par.grap/l only" .ppllCADI.'
You m.y III ./lgID/o 10' /lnonel.,.....,oneo mo' will pro..nl IOIICIOIUII on yOU, meIlg.gall yOU comply wlln Iha plOVlalon. 01 Iha
Homeowno,,' Emo'Voney Mong.go A.."taneo Act 01 1 M3 (tno . Act'). You m.y De ollglDlo 10' _ney tamporaty ualotance II YOU'
dol.ult h.. _n CAulOd Dy elrcumo..nco. Doyond you, control. .nd II you mool tho allglDIII/y 'oqul......n.. 01 "'. Acl.. dotarmlnod Ily
the PennlYlvanl. HaUlIng Fln.nee Ag.ncy. Pl.... re.d ,11 oltlt/. Notle.. 11 contlin. In ,.,,/IIII'1On 01 rour rlgh'L
Undlt th. Ac" you .r. .nl,IIR to. ,.mporlry "IY 01 for'c/Olu" on your mong.ge 101 'hlrt)'(30} d,y,'rom th. dill 01 llIla Notlc..
Du"ng II.., "me you mu.t ,rrlng, Ind Itt.nd I "',c'4'041"," ",",Ing with I fI",....ntltlH 01 till, I.ndlt. or with I dM/gnlted
COIIlum.r C/tdlf coun..llng Iglney. Th. purpoJ' of th" mHf/ng I' fo IN.m.,')t to WOII( out. r'JMylMtll pl.n, or to OlllfIWIa. Hili. your
aellnqu<<H:Y. 1'111. ,""ling mull occur In the n..' 'nifty (3D} d.y'.
1/ you .nend. I....lcH... moollng wllh Ihlllondor. 0' with. conium., emit counHllng .goncyldonllllod In Inll notlco. nCl turtllot
proceoctlngoln mong.go forocloauro m.y t.ko pl.co '0' Ihlny (30) d.YI lit., tho dolO 01 "'I. mooting.
Th. nam.. add,... and t".phon. number of out tlpt.Hn,aUvell:
Larry o. RAi~h ~~ ThA ~~~.~ Mat'l iaRk af M4r~8villc
101 r.inr.nln c::~
;'o1Aory..vi11A. pa 17nc;,1.
Tlllphon. Number. Q C; 7 _ , 1 Q':;'
Tho n.rnO(o'.nd .ddro..l"' 01 (., doa'gnllod conlumor c,odll counHllng .ganey(I..)I. (lie':
rlrkan r Aa<]11A t"\~ Met"''''rn1 ~ t-;Ilr'll J.la,....~ anl1r"g
?A M,.,,..~h ~A~nn~ ~t.
J.la.,....~ anl1r"lJ Dtt. 1710] ,1..d._r:;,Q?'i.
It II only nee.Alry to achedul. on. tac.-.o--fac. meeting. '(ou Ihould advlH tnlll.nc:ser Immediately of your Int.ntlonL
If you naVIIlr11d and ar. unlbla to ,.101.,. thl, probl.m.1 or 1ft., your 'ac.-to-face meeting, you have Ih. right to Ipply for financial
OIlllane. 'rom Ih. Homeownl,.' Em.rg.ncy Mortglg. Auilt.nca Fund. In order to do thll. you muat fill out. aJon Ind tll. I completed
Homeown.n' Emerg.ncy Alllltlnce Application wllh on. at Ihe dulgn.11d conIUm" emit counllUng 'g.nel" lIated above. An
eppllcatlon lor ual.lane. mly only be ODI.lned 'rom I eonlume, efWdll counl.llng agency. Th. conIUm., credit counllllnQ agency
will a..111 you In tilling oul your appllcallon .nd willlubmll your compllted application to lhtt Pennaylvl.,1a Hou"ng Finance Agency.
Your Ippllcarlon mUll M IJIId or poIrmlfked witllin 'IIlfty (30} d.y. 01 your I.e.ro-Iact mN,lng.
It I. .d....",.,y Import.", fila' you III. your .pplle.rlon promptly. If you do not do.o, or" you do not follow Ihe o,h" 111M ".rlod. lit
fotth In thl, Mr,.r. fOrKIDlu,. may proctN Iglm., your homl immldllll/y 1M you will forfeit your eligIbility for UIi"Inc&
A..II.Dlo fund. '0' .morglney mong.g. ...Istonco .r. VOIV IImltod. Thoy will De dllDurood Dy "'. Agoncy undoll... oIlgl111ll/y
crttorto OI"DUohod Dy Iho Act
I' I,..,re/Mly ,mponlnr Ihat your Ippllc.,ion" .eeuratl .nd comp/l" in IVlry re'plCt. Th. P.nnaylvenl. HaUling Finance Agency
hu Ilxly (50) d.y.,o make I declllon .fter II ree',lve, yout Ippllcltion. During Ihlt Iddltion.lllm.. no 'oreclolure prOCHdJngl will be
punued Igllnll you if you hive mellhelim. reqUlrem.nll HI fonh above. You will be noUfled dlrwctly by Ihal Ag.ncy of ,,, dectaion on
your application
Th. Plnnaylv.ni. HaUling Finane. Agency II located It 2101 North Front 511'M1. P.O. Box 8029. Harrtlburg. PA 17105. T.tephone
Numl>ot (717) 180-3800 0' 1~2.2397 (toll '100 number"
o Encloaod allo II 0 You have .I....dy rec.ived Vln addition you will recllv. .nolher nollte 'rom thll lender und.r Act e of
187... Thai notice i. cllled I "Nolice 0' Inlenllon to For~7bs.". You mUlt "ad botn nolle.l.slne.lhey bOth .xplain rlghlllhat you now
hlv, under Pennsylvlnlalaw. However. II you chool' 10 lxerclN your right. dllcnbed In Ihll nollca. we clnnol torecloH upon you
during Inlt 1Ime. Alia, il you recllve tln.nclll .II,llanel Irom Ih. Pennlylv.nl. HaUling Finance Agency. your home cannot be
10rac::loHd upon wnll. you Ire raellving Ih.t allll,.ne..
HEMA A.... 111M
V.ry truly yourt.
....;:) ;-y;' c;.~1 v.......
H. R. A!lper. P<'esident
=re.
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
1.d 1 S
JO'l"Il"'Il,
~nQl. o~
D~ 1"70?~_"71?
o.t. 01 Notie. _Auq,..J.7 / 1994
loin No. ~,2409
TO:
Susan ~luri. Albriqht
The MORTGAGE held by The Fir:lt National Bank of MarY:lville
(hereinafter we, us or ours) on your property located at 125 S. Eno 1" Dr., I!:nol" , PA and
141 S. Enola Dr." I!:nola, PA
IS IN SERIOUS DEFAULT bllCJluse you have not made the monthly payments of $ 1,184.99
for rhe monrhsof June .July ,and Au9".... 104. 1'1'104
and/or because
Late charges and other charges have also accrued to this date in the amount of ~Cld Rn . The total
amount now required to cure lhis default, or in other words, get caught up in your payments, as of the date of this
letter, is $ 3,649.77
You may cure rhis default within THIRTY (3D) DA YS of the date of this letter, by paying to us the above amounr
of S ~ . fidCl 77 . plus any additional monthly payments and late charge which may fall due during this
{leri'ld, Such payment must be made either by cash, cashier's check, cenified check or money order, and made at
The :'irst Nat'l Bank of Marysville 101 Lincoln St Marvsville PA 170'i~ ,
If you do not cure the default within THIRTY (301 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 mongage in monthly Installments, I f 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. "the mortgage is foreclosed your mortgaged properry will be sold by
the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default belore 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 staned 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. "you CUrti the default within the thirty day period, you will not be required to pay attorney's fl18s.
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 sale et 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 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 11-19-94. 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: 957-2196 . This payment must be in cash,
cashier's check, certilied check or money order and made payable to us at the address stated above.
You shoul6 realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain
in it. I I 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 REQUIRE.
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 Vall cure rhe defa"',, the mortgage wtll be restored co rhe same position as if no default had oCClIrred, However.
you are not entllled to thiS right to cure your default more than three limes In any calendar year
..:J ~?-~ C""t'-'
Bv. --
H. R. Asper:, Pc-eSL.j;"'t
. /j-! ;::~~...
. IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT 0" IlM13.' .
PlEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORT GAG:! PAYMENTS.
212409 Da.e: Aug, 17. 1994
RE: Accoun' No.
TO:
FROM:
Susan ~lurie Al~rl~hr
The First N~tlonAl RAnk nf ~~ry~uil1A
Yout mOttgoge lain _lOuo de/oult beca.... you h... f.llad.o pay promptly In.tall_ 01 princlpal.nd In_'. .. raqul...... for.
period 01 a. lau. ol.ty (eol daY'. Tha total amount 01 Iha d.llnquency I. I "1." 4 q 77 . That IUIlI Includea the Iallowing:
53,554.97 PrinciQal & Inter~ot ~nrl SQ4.An r.A~A ~hAr9AQ
Your mortgage la olIO In delault for the lollowlng rauon:
(.... thll paragrap/1 only If appllcabla)
You may'" alllllblola, IInanololuaialano. 'holwlll pra..nll~" on your mortgage If you comply wlth the p- 01 the
Homaowna..' Emergency Mortgage Alal.tance Aot 011883 (lh."Ac:t"). You may 1le.llglblaloromarganc:y tamporary_lfyour
de/lUll hu _ oouaad by drcumatancaa Ileyond your oon.rol. and If you _ Ill. "Iglblllty requlroman.. 01 the Aot.. -.mIned by
tIIa Pannaytvanla Houling Flnanoa Agency. P_ _d all ol'hll NO/lea. /I oon'a/no an o.planauan 0/ YOU' rlgh'"
Under 'ho AOI. you v. ontl'lad 10' ..mpor.ry ..oy alloreoJoauro on you, tnOIIQOII'1or 'hlrty (301 d.y.,rom 'ho d... a/'h. NO/Ic..
Ou,lnll'h., lima you mull arrange and ./tend a "000-'0-1.00" mooting w"h . ro~"'''' 0/ 'hla /and..., or with . -,notad
""".umar cnodlt caunla/lng agency. Tho purpoae o/Ihl. maa'lnlllola o/tampl'a work out. ropoy_ plan. or 'A 01".,..,_ ..",. YOU'
dallnq_. Thla moolln11 mUll occu' In 'ho no'" 'hlrty (301 day..
If you 0_ .'_tcHOOO ......Ing wlth thla land.... or wUh . ConIUm<< cradll counlallng agency ldenllllad In tllla ROtIca. no lurtha,
p_lnglln mo~ _DIU,. may talt. plooo 10' thirty (30) daY1'''' \lie deta 01 till. meaIIng.
TN no",.. add,... and ....p/Ione number 01 au' rap....n..lI.. II:
Lan:v 0 Reich at The First Nat' l 9ank nf ~ry"'J; I !"
101 !.J.I".ooln St
Mar'lsvUle PA 17053
T~Numbw. 957-2196
Th. nama(11 Ind addrau(-I 01 (.1 d_lgna.ad conium... cradlt oounlallng .gency(I-1 Ia (-):
Urban Tp.::1mle of ~1etro(XJ.tit-..an H.,rrlc;b1.1n'!
28 North Second St
H;;..:risbllra PI\, 1710l ..zl.4='~q7~
It II only _IV to IOhadulo one '-10-1000 mMllnll. You should IdYl.. thla _llMllIdlataly at YOU' Intanllonl.
II you nl.. Irtad and .... unabla to _ thll problam lIar Iltar your l_t~looo milling. you nawthe rtghlto Ipply lor ftnandal
_lltanca lrom the Hom....."...' Emergency Mortgag. Aulltanoa Fund. In onder.o do thl.. you _ nil 0U1. oIgn and fila. cornplalad
Homeown.... Emerv.ncy AaIlatanca AppllOOllan with on. ollha dIllgn.tad conIUm<< cradlt counlallng agencMa 11- &bow. An
.ppllcatlon lor uatltanca mly only Ile obtalnad lrom I oanlumer oradlt coun..Ung .gency. Tha _r credit oounaallng -
wlll._ you In IIIl1ng out your IPpllcallon .nd wllllubmlt your comploted IppllcaUon 10 the PannlylYanla HouIlng Finance AoancY.
~,. app:lcallon m4.MI be tiled 01 poMmukad ,"thin thIrty (30) day. 01 youI' '__Io-Iace meeting.
/I II ..,_Iy Imponan' that you Ilia YOU' application promptly. /I you do nol do 10, or 1/ you do not/oIlow'". other lima per!odIlOt
/orrh In 'h"/attar. IorooIoau,. m.y proo:aad lI/a/nll your ham.lmmadlo..'" and you wllllor/Olt YOU' aI/glblllry lor --
Avall.bla lund. to, amargenoy mortgaga ...I.tanoa .,a yo;y limited. They wllllle dllllutMd by ilia Agency under the ellglblllty
crtllrl. ....blllhad by me Act.
It I. a.'rom.ly Imponan"hol YOU' appllc.,1on II Kourat. and oompla" In o..ry ...pao'. Tha Pennsylvania HouIlng Finance Agancy
_al.ty (1Y.l) day. 10 m.k.1 dacl.lon .nar It racal... your .pplloollon. During that .ddltlon.1 'Ime. no la_IOIu... procaadlRQI wlll Ile
pUfluad Iglln" you II you n... _the 11m. raqul...manll ... torth .bova. You will be nallflad dlrac1ly by In.. Agency ollll_aIon on
your application.
Th. PonnlYl..nl. Hauling Flnanoa Agency Ia locllad It 2101 North Front 5....... P.O. eo.l1029. H.rrtlllurv. PA 17105. Talaphona
Number (717) 780-3800 or 1-800-342-2311T (10111_ number).
o EncloMd alia II 0 You "'.. Illraady naoalvad :O'ln Iddlllon you will flC.... .oother natloa lrom Ihlllandar und... Aot e 0/
1974. Tha. notle. ia Cllled I "NotIce of Intantlon to Foreclose", You muat read both notte... linca they both Ixplaln right. that you now
have under Pennsylvania Ilw. Howewr. If you choo.. to ...rel.. your rlghta described In tnl. notice. we cannot foreclQM upon you
during lh.t lime. AIIO. if you rweelve financial uallUnce trom the Penntylvanl. HOUSing Finance Agency. your home cannot be
foreclosed upon while you .re recetvtng that aui.lance.
HEMA Aft 1 11M
Very trtlly you""
~ '.i1.'~" ::t :.: j_
,
n. R. A's;..~r, :'r.E~icienr:
....
.-
.
t
c '.. 11 .
. Ii
.~,t;.
, :r
I l
B~. f
liib
!11
;..
-
,
....
UI ~
<
~ ..:I ~
>< E-t
I>. UI :c
2: Eo< "- t:l ES
2: 2: 2: 0 ....
0 ~ .... ~
~ I>. ~< :><: III
t:l..:l ~ ..:I
. <I>. ~ <
.u >< Ot:l~ III .... ~1;j~ffi
Eo< <Eo< ~~ .
"- z ~~u ... ..:I ::>....u 1:1 e:... F:!
0 ::> ..:10 N < . ..:I~
0 I>.X~ "" 2: > "-::>2: ] ozg
.E-t U D:: U'l 0 ..:1< S S =>
~ 00::> ....~ . "- UI
::> 0 E-tE-tUl UI E-t..:l < ::> ...11I
0 ~ 0 <..:I .U1 s:: ....!!!
u ~~0-1 ... 2:.... OU tlt ~
..:I U~U C1> > ~
W ~ ....~~ E-tUl <~<
:c ~ E-tUlD:: . U1>< :c ~.
E-t gj 02:0 0 ~~ UUl:><:
2:<"- 2: :;:;'1 ....::>.....
~ 8 ~U12:
i
f
!
"
~
V
~
f
c
n.~.
c::: '.
',;",r .:~
=
co
...
f
c,
.'"
.....,
.' !-
c. c....J
.
r.
. ~l
~a
:::;:..::;
)
.-, ~-:
,.
-.
~<. Lt'-J
,
~
FIRST NATIONAL BANK OF
MARYSVILLE
Plaintiff
I COURT OF COMMON PLEAS OF
I CUMBERLAHD COUNTYr PENHSYLVANIA
.,,-,
~
vs.
NO. 94 S 5624
RICHARD A. FLURIE
SUSAN C. FLURIE
N/K/A SUSAN C. ALBRIGHT
Defendant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
.
.
NOTICE TO PLEAD
TOI ARTHUR M. FELD, ESQUIRE
ATTORNEY FOR PLAINTIFF, FIRST NATIONAL BANK OF MARYSVILLE
1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
You are hereby notified to file a written response to the
enclosed Answer a~d New Matter within twenty (20) days from service
hereof or a judgement may be entered against you.
DATE: 11.11.-'1,/
~'\ol A. iu~~
Sanford A. Krevsr.y, , quire
Attorney for Defendant,
Susan C. Flurie n/k/a
Susan C. Albright
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583
1.0. I 15560
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
-~
THIS AGREEMENT is made this 1a!. day ot NO II, 1991,
by and between SUSAN C. FLORIE, now ot 141 South Enola Drive,
Enola, Pennsylvania, 17025, hereinatter reterred to as "Wite",
- AND -
RICHARD A. FLURIE, presently ot RR '2, Box 652,
Sugarloat, Pennsylvania 18249, hereinatter reterred to as
"Husband",
WITNESSETH:
WHEREAS, Husband and Wite were lawtully married on July
25, 1964, in Enola, Pennsylvania/ and
WHEREAS, two children were born ot this marriage,
HEATHER, date ot birth 06/08/73/ and WENDY, date ot birth 12/14/65/
and
WHEREAS, diverse unhappy marital ditticulties have
arisen between the parties causing them to believe th~t their
marriage is irretrievably broken, as a result ot which they have
separated and now live separatft and apart trom one another, the
pa~ties being estranged due to such marital ditticulties with no
, .
reasonable expectation of reconciliation; and the parties hereto
.are desirous ot settling tully and finally their respective
financial and property rights and obligations as between each
other, including, without limitation by specification: the
.ettling of all matters between them relating to the ownership of
real and personal property; the settling of all matters between
thell relating to the p.st, pr...nt, or future spoueal support
and/or spouaal maintenance of Wit. by Huaband or of Huaband by
Wite; the ..ttlinq of any and all claims and possible claims by on.
against the other or aqainst their respective estate, particularly
tho.. r.aponsibilities and, riqhts growing out of the marriage
relationShip.
NOW, THEREFORE, in consideration of the premises and of
the promises, covenants'and undertakings hereinafter set forth and
for other qood and valuable considBration, the receipt of which is
hereby acknowledqed by each of the parties hereto, Husband and
Wife, each intending to be legally bound hereby, covenant and agree
as follows:
1. SEP~ION. It shall be lawful for each party, at
all times hereatter, to live separate and apart from the other, at
auch place or places as he or she may, from time to time, choose or
deem fit.
Each party shall be trse from interference, authority
or contact by the other, as tully as if he or she were single and
unmarried, except as may be nsceBsary to carry out the provisions
of this Agreement. Neither party shall molest the other or attempt
to endeavor to molest the other, nor compel the other to cohabit
, .
""
,
2
with the other, or in any way harass or malign the other, nor in
any way intertere with the peacetul existence, separate and apart
troll the other.
The parU.. hereby acknowledge that Wife ha. tUed or
intend. to tile a Complaint in Oivorce, claiming that the marriage
i. irretrievably broken under the no-tault mutual consent provision
of section ~Ol(c) of the Pennsylvania Divorce Code. Husband and
Wife hereby expresses his or her agreement that the marriage is
irretrievably broken and each express their intent to execute any
and all affidavit. or other documents necessary for the partie. to
obtain an absolute divorce pursuant to Section 201 (c) of the
Oivorce Code. The parties hereby waive all rights to request
Court-ordered counseling under the Divorce Code. Neither party to
such action shall ask alimony or support contrary to the provisions
of this Agreement. It is turther specifically understood and
agreed by the parties that the provisions ot this Agreement
relating to equitable distributior. ot property of the parties are
accepted by each party as a final settlement, subject to Paragraph
19 of this Agreement, for all purposes whatsoever, as contemplated
by the Pennsylvania Divorce Code.
Should a decree, judgment or order of .eparation or
divorce be obtained by either of the parties in this or any other
state, country or jurisdiction, each of the parties hereby consents
and agrees that this Agreement and all of its covenants shall not
J
be attected in any way by any such decree, judgment, or order ot
separation or divorce; and that nothing in any such decrel),
judgment, order or turther modification or revision thereof shall
alter, amend or vary any term of this Agreement, whether or not
e1 ther or both ot the parties shall remarry, it being understood by
and between the parties hereto that this Agreement shall survive
and shall not be merged into any decree, judgment, or order of
divorce or .eparation. It is specifically agreed, however, that a
copy of this Agreement or the substance of the provisions thereot,
may be incorporated by reterence into any divorce, judgment (')r
decree. This incorporation, however, shall not be regarded .. a
merger, it being the specific intent of the parties to permit this
Agreement to survive any decree, judgment, or order of separation
or divorce, and to be forever binding and conclusive upon the
parties.
2. EFFECTIVE DATE. The eftective date of this Agreement
shall be the "date of execution" or "execution date", defined as
the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of
executionll or "execution date" of this Agreement shall be defined
as the date of execution by the party last executJ.nq this
Agreement.
3.
DEBTS AND OBLIGATIONS.
Husband represents and
warrants to Wife that since August 15, 1989, he has not, and in the
<. .
"'-'.
4
tuture he will not contract or incur any debt or liability tor
whlch Wite or her estate might be responsible and shall indemnity
and save Wite harmless trom any and all claim. or demands made
againet her by reaeon ot such debts or obligations incurred by him
since the date ot said .eparation, except as otherwi.. set torth
herein.
Wite repre.ents and warrants to Husband that since August
15, 1989, she has not, and'in the tuture she will not contract or
incur any debt or liability tor which Husband or his e.tate might
be responsible and shall indemnity and save Husband harmless trom
any and all claims or demands made against him by reason ot such
debts or obliqations incurred by her since the date ot said
separation, except as otherwise set torth herein.
4. MUTUAL RELEASES. Husband and Wite do hereby
mutually remise, release, quit-claim or torever discharge the other
~ld the estate ot such other, tor all time to come, and tor all
purposes whatsoever, trom any and all rights, title and interest,
or claims in or against the estate ot such other, ot whatever
nature and wherever situate, which he or she now has or at any time
hereatter may have against such other, the estate ot such other or
any part thereot, whether arising out ot any tOI1ller acts,
contracts, engagements or liabilities ot such other or by way ot
dower or curtesy, ot claims in the nature ot dower or curtesy, or
widow's or widower's rights, tamily exemption or similar allowance
.\
5
or under the inttistate lawsl or the right to take Against the
spouse's will; or the right to treat a litetime conveyance by the
other as testamentary or all other rights ot a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws o~ Pennsylvania, any state, commonwwalth or territory ot
the United State., or any other country I or any rights which either
party may now have Dr at any time hereatter have tor past, present
or tuture spousal support or maintenance, alimony, alimony cendente
~, counsel tees, costs or expense., whether arising as a result
ot the marital relation or otherwise, except and only except all
rights and agreements and obligations ot whatsoever nature arising
or which may arise under this Agreement or tor the breach ot any
provision thereot. It is the intention ot Husband and Wite to give
to each other by the execution ot this Agreement a tUll, complete
and general release with respect to any and all property ot any
kind or nature, real, personal or mixed, which the other now owns
or may hereatter acquire, except, and only except, all rights and
agreements and Obligations ot whatsoever nature arising o~ which
may arise under this Agreement or tor the breach ot any provision
thereot.
5. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The
parties hereto mutually agree that they have ettected a
satistactory division ot the turniture, household turnishings,
appliances and other household personal property between them. The
parties mutually agree that Wite shall, trom and atter the date
'.
6
h.r.ot, b. the .ole and ..parat. owner ot all .uch tangible
p.r.onal property pre..ntly in h.r poss.ssion, and that Husband
h.r.by relea.e. and r.linqui.he. any right, title or interest he
may have had in the past or now has in the atore.aid tangible
p.r.onal property in Wite'. po.....ion. The partie. turther agree
that Hu.band .hall, trom and atter the date h.reot, be the .ole and
..parate owner ot all such tangible per.onal property presently in
hi. po.....ion, and that Wite hereby relea..s and r.linquishes any
right, title or interest that she may have had in the past, or now
has, in the a:oresaid tangible personal property in Husband'.
po.....ion.
Th. parti.. aleo mutually agree that Husband shall re-acquir.
poss.s.ion ot allot his tools, inclUding, but not limited to the
tools listed on the appraisal dated May 6, 1991, by Chuck Bricker,
attach.d to the wite's inventory and appraisement torm tiled with
the CDurt. The parties also mutually lIgree that Husband shall
rec.ive his ice skates and his coin collection.
6. PENSIONS AND RETIREMENT ACCOUNTS. The part1e1l hereto
expressly waive and relinquish any rights, claim, title or interest
in any pension, individual retirement accounts or in any other
savings or retirement plans in which the other has any interest.
Wite expressly waives any and all rights, Claim, title, or
interest in the Husband's Iron Workers District Union pension, the
Husband's UE&C-catalytic, Inc. pension, and the Husband's UE&C-
Catalytic 401 1< Plan, as well as any other savings and/or
"",
7
r.tir.m.nts plan. h. may hav.. Thi. Waiver i. continq.nt on and
.hall b. .tt.ctiv. wh.n the hu.band di.charge. the mortgage
pr..ently r.corded in Mortgage Book 926, page 9 in the CUmberland
County Recorder ot Oeed. ottice, and the note .ecuring that
lIortgage.
7. VEHICLES. Hu.band and Wite each acknowledge that the
wit. pre.ently has in her po....sion several motor vehicle., titled
.olely in her name. The.. motor vehicles can be d..cribed a.
tollow.:
A. 1983 Chevrolet Truck
B. 1983 Mercury Car
C. 1976 Coachman Tent Trailor
Husband releases all his right, title, or intereat in the
above mentioned vehicles. Husband and Wite hereby covenant and
agree to assume the sole and tull responsibility tor the payment ot
all the expenses incident to said vehicles, including, but not
limited to maintenance, insurance, licensing and any existing
encumbrance thereon.
Husband and wite each acknowledge that the following vehicle.
are titled in the Husband's name:
A. 1976 Fiat
Wite hereby releases allot her right, title, and interest in
the above mentioned vehicles to the Husband. Husband hereby
covenants and agrees to assume the sole and tull responsibility tor
the payment ot all the expenses incident to the above mentioned
...
8
vehicles, including, but not limited to, maintenance, insurance,
licensing, and any existing encumbrance thareon.
8. REAL E~TATE. Husband and Wite hereby covenant and agree
that they are joint owners ot the tOllowing parcels ot real estate I
A. 141 South Enola Drive
Enola, PA 17025
B. 125 South Enola Drive
Enola, PA 170~5'
C. Penn street Lot
East Pennsboro Township
cumberland County, PA
D. Colorado Lot
The parcel located at 141 South Enola Drive is encumbered by
a mortgage recorded in the Cumberland County Recorders ottice in
Book 799, Page 920 and accompanying note. This mortgage is with
York Federal, is dated December 16, 1985, which an original
principal amount ot $45,000. There is also a second mortgage that
encwnbel'S the parcel located at 141 South Enola Drive, Enola,
Pennsylvania, and the parcels located at 125 South Enola Drive, and
the Penn street Property.
That mortgage is recorded in the
CUmberland County Recorders ottice at Book 926, Page 9 and secures
a note ot even date with the m~rtgage. That mortgage is with the
Marysville Bank, iB dated December 14, 198'8, and has an original
principal amount ot $107,200.
The Colorado Lot is not encumbered by any mortgage.
Husband and Wite hereby covenant and agree that the Wite shall
.\;,'
9
acquire title to the property located at 141 South Enola Drive,
Enola, Pennsylvania. Wite will assume responsibility and indell1lify
the Huaband for the mortgage on that property recorded in Book 799,
page 9~O in the cunberland County Recorder ot Deeda Office. Wife
shall alao be reaponsible for and shall indemnify the Huaband
against any and all taxea due and owing on that property, and any
and all coata associated with the property, including, but not
limited to, maintenance, utilitie., and any and all other bills due
and owing on that property. Hu.band agrees to aake, execute,
acknowledge, and deliver a special warranty deed tor the property
located at 141 South Enola Drive, Enola, Pennsylvania, to the wif..
,
~;,
.(f}
~
Wite will transfer title to the Husband the properties located
at ~SOUth Enola Dr~v'.'~the "Penn street" Lot and the .colorado
Lot". Husband" shali assums responsibility and indemnity ths wife
for the mortgage and note on the properties recorded in Book 9~6,
Page 9, ot the CUlIIberiand county Recorder ot Deeds Office. Husband
shall also be responsible tor and indemnity the wite against any
and_ ~l~"!axes due and owing on tha~p.E~!'!E.t::i_.a.!1d ~'!\..Y.o.nd-.allcoats
associated with the property, including, but not .1Wt.a4.-.t.o
." . ._.w,. _~.. ..-- ..-. . ..--"-
utilities, the municipal sidewalk assessm9nt tor.th~; p~op.rtli!, and
any' and . all other bills due and owing on that property ~ the
dateottransfer.! Wife covenants and agrees that ~n_the event any .
property taxes dU~ and owing on _th~. d~te ot transfer )hall be put d}G....)
up for tax sale or judicial sale, Wife sha~l pay on~~~alr::~Y2)-'-d\ '\~
that amoun~. to Husban~. Husband and Wite covenant and agree that '.
Husband has satisfied all arrears on an outstanding support order
currently against him in the cumberland County Domestic Relations
otfice. That support order is docketed to number 680 S of 1990.
Wife agrees to apply that support money to the mortgage recorded in
the Cumberland County Recorder of Deeds Oftice at Book 9~6, Page 9.
It is anticipated that the mortgage will be brought current, less
approximately $400.00, up to the November, 1991 payment. Husband
agrees to be responsible for the balance of that payment to bring
the mortgage current to the November, 1991 payment. wife and
H~sband covenant and agree that in the event that Husband sells ths
property betore any property taxes due and owing are put up tor tax
10
s.le or judicial sale, that the outstanding taxes shall be paid out
ot the proceed. of the .ale. In the .vent that the proceed. of the
IIAle Are not sufficient to satisty the property taxes, then Husband
and Wite c~Venant and agree that they shall be equally responsible
for those property taxes. Wtte covenants and agrees to malee,
execute, acknowledge, and d.liver special warranty deeds tor the.e
properti.. to the husband. Immediately upon the .igning of this
Aqree.ent, wita covenants and agrees to vacate the property located
at U5 South Enola Drive. Wite will not remove any of the
turniture and/or Htne.. equipment that presently 18 in the
building. Wife is permitte~ to remove all hairdre.sing equipment.
The property located at South Enola Drive include. all of its
content. and the Wite covenant. and agre.. that she will not remove
any ot the furniture and/or equip..nt that is pre.ently in that
property. The Husband shall be responsible tor and shall indemnity
the wita aqllJnst the lIIortgaqe recorded in the CUlIII:lerland County
Recorder ot Deeds Otfice at Book 926, Page 9.
9. BUSINESS PROPERTY. Immediately upon the signing ot
this agreement, wife covenants and agrees to vacate the property
located at 125 South Enola Drive. wite will not remove any of the
furniture, and/or titness equipment that presently is in the
building and is being used in the Wite's business.
10. HEALTH AND LIFE INSURANCE. Husband covenants and agnes
to lIIaintain Wife, at his expense, on his work-related health
insurance until the end of the calendar year, 1991. Wite shall be
responsible tor her own uninsured health care expenses.
Husband agrees to maintain hi. work related health insurance
for Heather so long as she is a student. Husband also agrees to
.,
11
pay tor all uninsured health care expenses, including dental and
eye care tor Wendy tor the reet ot her lite and tor Heather so long
as she is a tull time college student.
Husband and Wite covenant and agree that so long as the home
located at 141 South Enola Ddve, is covered by the Mortgage
recorded in Book 9~6, Page 9 in the CUmberland County Recorder ot
Deede ottice, Wite shall remain a beneficiary on the Husband's Lite
Insurance Policy, in an amount equal to the payott tiqure tor the
80rtgaqe recorded in the cumberland County Recorder ot Deeds Ottice
at Book 9~6, Page 9, and Husband will provide proot thereot upon
reasonable demand.
11. 1990 INCOME TAX REFUND. Husband and Wite covenant and
agree that they are due and owinq a tax retund on their jointly
tiled 1990 Federal Income Taxes. The proceeds ot that retund will
be applied to a loan that wite maintains is due and owing to the
Wite '. mother. The amount ot that loan is approximately $2,700.00.
That loan will be satisfied, and in the event any money rema!us, it
will be divided equally between the parties.
12. COUNSEL FEES. Each party individually covenants and
agrees that he or she will individually assume the tull and sole
.'
responsibility tor leqal expenses tor his or her attorney and Court
costs in connection with the pending divorce action and shall make
no claim against the other tor such costs or tees.
12
13. ADVICE OF COUNSEL. The provisions ot this Agreement and
their legal ettect have been tully explained to Husband, by his
coun.el, MICHAEL L. ROZMAN, ESQUIRE, and to Wite by her attorney,
GEORGE A. VAUGHN, III, ESQUIRE. Husband and Wite each individually
acknowledge that he or she has been independently and separately
advi.ed ot hi. or her legal rights and Obligations. Husband and
Wite each covenants that he or she has made a tull tinancial
disclosure to the other ot this and her respective property,
hOldings and me. Husband arid Wite each acknowledge that each tully
understand. the tacts ot this agreement and has been tully intormed
as to her or his legal rights and obligations and each party
acknowledge. and accepts that this Agreement is, in the
circumstance., tair and equitable and that it is being entered into
treely and voluntarily, with such knowledge and that execution ot
this Agreement is not the result ot any duress ot ~due intluence
and that it is not the result ot any collusion or improper or
illegal agreement or agreements.
14. ADDITIONAL INSTRUMENTS. Each ot the parties shall, trom
time to time at the request ot the other, execute, acknowledge and
deliver to the other party any and all turther instruments or
documents that may be reasonably required to give ~ull torce and
ettect to the provisions ot this Agreement. .'
15. MODIFICATION AND WAIytB. A moditication or waiver ot
any ot the provisions ot this Agreement shall be etfective only it
,.
13
made in writing and executed with the same tormality as this
Agreement. The tailure ot either party to insist upon the strict
pertormance ot any ot the provisions ot this Agreement shall not be
construed as a waiver ot any eubsequent detault ot the same or
similar nature.
16. ENTIRE AGREEMENT. This Agreement contains the entire
understanding ot the parties, and there are no reprssentations,
warranties, covenants or undertakings other than those expressly
set torth herein.
17. DESCRIPTIVE HEADINGS. The descriptive headings used
herein are tor convenience only. They shall have no ettect
whatsoever in determining the rights or obligations at the parties.
18. INDEPENDENT SEPARATE COVENANTS. It is specitically
understood and agreed by and between the parties hereto that each
paragraph hereot shall be deemed to be a separate and independent
agreement.
19. BREACH. It either party breaches any provision ot this
Agreement, the other party shall have the right, at his or her
election, to sue tor damages tor such breach or seek such other
remedies or relief as may be available to him or her, and the party
breaching this contract shall be responsible tor payment ot legal
fees and costs incurred by the other in entorcing their rights
14
.. .
....
under this Agreement, or in seeking such other remedies or reliet
as may be available to him or her.
The parties acknowledge that the conveyance to wite ot
the real sstate at 141 South Enola Drive, without any obligation ot
wite to payor discharge the mortgage obligations ot the mortgage
to Marysvill. Bank, recorded at Mortgag. Book 926, Page 9 in the
CUmberland County Recorder ot Deeds Ottice is a tundamental
,
consideration to the wite. Theretore, should the wite be required
\ ,
t~. payor discharge the mortgage recorded at Mortgage Book 926,
Page 9, in the CUmberland County Recorder ot Deeds Ottice, or
should husband seek to avoid or limit that obligation pursuant to
bankruptcy or similar laws or provisions, then the waivers and
releases by wite hereto tore made shall be null and void and ot no
turther torce or ettect. Wite shall thereupon be authorized and
empowered to take any and all legal means to entorce her rights
under this agreement with husband and she shall be authorized and
empowered to assert against husband any and all claims tor alimony,
equitable distribution, spousal support, and counsel tees and costs
as tully and completely as it this agreement had never been
executed by wite subject only to the limitation that claims ot
equitable distribution shall be asserted only against properties
subject tD such claims as Dt the date ot the parties separation and
not against property acquired subsequent to'such date.
20. APPLICABLE LAW. This Agreement shall be construed under
the laws of the Commonwealth ot Pennsylvania.
15
23. 1991 INCOME TAXES. Husband and Wite covenant and agree
'that they will tile a joint return on their state and Federal 1991
Inco.e Taxes.
In the event there is any retund, that retund
belonqs entirely to the Husband. In the event there is any tax due
and owinq, paYlllent shall be the responsibility of the Husband.
Husband and Wife aqree to cooperate with each other and sign
whatever documsnts are necessary to file the 1991 Incoms Tax
Returns. In the event there is a retund, Wite agrees to endorse
any and all retund checks to the Husband immediately upon their
presentation.
preparation.
Husband will pay the cost of tax return
24. DIVORCE. Husband and Wite covenant and agree that they
shall sign an Affidavit of Consent in order to tinalize a divorce
at some point between January 1, 1991, and January 15, 1991. As
soon as the attidavits are signed, however, in no event later than
January 15, 1991, all of the papers necessary to finalize the
divorce ~i11 be filed with the Court.
......
I
'. .
.....
17
'.
"
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
',.
.-,
. . ~ ..
g4tJf~~
~AN C. FLURIE
( SEAL)
WITNESS:
'.
/fl7.~'~ r'C1--1f~--
~(~O-~~(SEAL)
RIC 0 A. FLURIE
,.'
.,
18
"
FIRST NATIONAL BANK OF
MARYSVILLE
plaintiff
.
.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
VB.
NO. 94 S 5624
:
RICHARD A. FLURIE
SUSAN C. FLURIE
N/K/A SUSAN C. ALBRIGHT
Defendant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
.
.
CERTIFICATE OF SERVICE
AND NOW, this \b~day of November, 1994, I, Lisa A. Rice, for
the Law Office of Sanford A. Krevsky, hereby certify that a copy of
the foregoing was sent by first-class U.S. Mail, postage prepaid,
on the following:
ARTHUR M. FELD, ESQUIRE
1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
rJM ~2u .
L sa A. Rice
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583