HomeMy WebLinkAbout95-04766
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NO POSTAGE STAMP NECESSARY
POSTAGE HAS BEEN PREPAID BY
PURCEL.L., KRUG & HAL.L.ER
1719 NORTH FRONT STREET
HARRISBURG, PA. 17102-2392
-;
SHERIff'S RETuRN .. NOT fOUND
CASE NOI 1995-04766 P
COMMONWEALTH Of PENNSYLVANIA:
COUNTY Of CUMBERLAND
COLUMBIA NATIONAL INCORPORATED
VS,
BONNEY JASON A ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: BONNEY DONNA K
but was unable to locate Her in his bailiwick. He therefore returns
the COMPLAINT - MORT fORE
NOT fOUND. as to the within named defendant
BONNEY DONNA K
DEENDANT CANNOT BE LOCATED AT EITHER ADDRESS. NO
fORWARDING ADDRESS IS AVIALABLE.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
6.00
.00
.00
2.00 H. Thomas IU1ne, ~her111
68.00 LEON HALLER
09/25/1995
Sworn and subscribed to before me
this
19
day of
A. D.
t'rothonotary
COLUMBIA NATIONAL, INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. q }'. '17(, l 6;,.;J -U'~
JASON A. BONNEY and
DONNA K. BONNEY,
CIVIL ACTION - LAW ..
IN MORTGAGE FORECLOSURE
Defendants
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 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 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
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 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRIDA ABAJO PARA AVERIGUfiR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL:
CUMBERLAND COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa. 17013 -- (717) 240-6200
COLUMBIA NATIONAL, INCORPORATED,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
Defendants
NO . r; }~. '1"11. t. 6 VJ rL...-
CIVIL ACTION .. LAW ..
IN MORTGAGE FORECLOSURE
JASON A. BONNEY and
DONNA K. BONNEY,
COM P L A I N T
1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation
with an office at 7142 Columbia Gateway Drive, P. O. Box 3050,
Columbia, Maryland 21046.
2. Defendants, JASON A. BONNEY and DONNA K. BONNEY, are adult
individuals whose last known address is 418 E. Main Street,
Shiremanstown, Pennsylvania 17011, and/or 404 Meadow Drive, Camp
Hill, Pennsylvania 17011.
3. On or about December 22, 1993, the said Defendants executed and
delivered a Mortgage Note in the sum of $78,450.00, payable to
COLUMBIA NATIONAL INCORPORATED, 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
1187, Pg.824 conveying to original Mortgagee the subject premises.
Said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 418 E. Main Street,
Borough of Shiremanstown, Shiremanstown, Pennsylvania 17011, and is
more particularly described in Exhibit "B" attached hereto.
6. 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 September 1, 1994, and all
subsequent installments thereon, and the following amounts are due on
the Mortgage:
(a) Unpaid principal balance
(b) Interest at $16.25 per day
from 8/1/94 to 8/31/95
(based on contract rate of 7.5%)
(c) Accrued/Accumulated Late Charges
and Late Charges at $21.94 per
month
$78,034.67
6,337.50
263.28
(d) Escrow Deficit
TOTAL
2,880.73
3.901.73
$91,417.91*
(e) 5% Attorney's commission
*Together with interest at the per diem rate noted in (b) above after
August 31, 1995, 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, but the Mortgagor has
failed to reinstate the Mortgage in accordance with the provisions
thereof. A copy of the Notice is attached hereto and made a part
NOTE
FIlAeu. No.
41-4683434-703
Mulllstate
DECEMBER 22ND, 1993
(Date I
418 E. MAIN ST. , SHIREMANSTOWN, PENNSYLVANIA 17011
(l'Jopelly AolcI_J
1. PARTIES
"Borrower" mellll5 each person signing at the end of this Note, and the person's successors and uslgns. "Lender" means
COLUMBIA NATIONAL, INCORPORATED, A MARYLAND CORPORATION
and ilS successors and uslgus.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises 10 pay the prlnclpal sum of
SEVENTY EIGHT THOUSAND FOUR HUNDRED FIFTY AND 00/100
Dollan (U.S. $ ..... .78,450.00 ). plus Interest, 10 the onler of Lender. Interest will be cbargedon UDpaldprlnclpal,
from the date ofdlsbW'Sementoftheloanproceeds by Lender. at the rate of SEVEN AND ONE-HAL F
percent ( .. ... ......7.500") peryearUDtil the full amoUDt of prlnclpal bas been paid.
J. PROMISE TO PAY SECURED
Borrower's promise 10 pay Is secured by a morlgage, deed of trust or slm1lar security InsbUtnent that Is dated the same
dale as this Note and called the "Security InsbUtnenL" That Security InsbUtnent proleclS the Lender from losses which might
result If Borrower defaullS UDder this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of prlnclpal and Interest 10 Lender on the fllSt day of each month beginning on
FEBRUARY 01,1994 .Anyprlnclpalandlnterestrema1n1ngontheflrstdayof JANUARY
2024 . will be due on that date, which Is called the "Manuity Date."
(8) Place
PaymentshaU be made at COLUMB IA NATIONAL, INCORPORATED , P.O. BOX 905.
COLUMB I A. MARYLAND 21044- 0905 or at such other pl..e as Lender may designate In
writing by notice 10 Borrower.
(C) Amount
Each monthly payment ofprlncipal and Interest will be In the amoUDtofS ........ .548. S4.1bIsamoUDt
will be pan of a larger monthly payment requiled by the Security InsbUtnent, that shall be applied 10 prlnclpal, Interest and
other Items In the onler described In the Security InsbUtnenL
(0) AlloD&O to ibis Note for payment adjustments
If an allonge providing for payment adjUSlmenlS Is executed by Borrower Iogether with this Note, the covenanlS of
the allonge shall be Incorporated Inlo and shall amend and supplement the covenanlS of this Note as If the allonge were a pan
of this Note. (Check applicable boxl
DOraduated Payment Allonge DOrowlng Equity Allonge DOtber (specify)
S. BORROWER'S RIGHT TO PREPAY
Borrower bas the right to pay the debtevldenccd by this NOle,1n whole or In part, without cbarge or penalty, on the fust
day of any month.
fMANe'lA
FNMT
Pag.lo'Z
12/21/93 3:39 PM 01902525
FHA Mu~1Ita1e FllIId IlIIIe Nole. Zl't
6. BORROWER'S FAILURE TO PAY
(A) Late Cbarlle for Overdue Paymenta
If Lender Iw not received the full monthly payment required by the Security Instrument. as described in Paragrapb
4(C) of this Note by the end of fiflcen calcndar days afler the paymcntis due, Lender may collect a late charge in the amount
of FOUR percent(...........4.000'Jl;) of the overdue amount of each
paymcnt.
(8) Default
If Borrower defaull8 by failing to pay in full any monthly payment. then Lender may, except as limited by
regulalions of the Secretary in the case of payment defaull8, require Immediate payment in full of the principal balance
remaining due and all accrued interest. Lender may choose not to exercise this option without waiving 118 rigbl8in the event of
any subsequent default. In many cirewnstanc:cs regulations Issued by the Secretary will limit Lendcr's rigbl8 to require
immediate payment in full in the case of payment defaull8. This Note does not authorize accelcratlon when not permitted by
HUD regulatlons. M used in this Note, "Secretary" means the Sccretary of Housing and Urban Development or his or her
designee.
(C) Payment of Costa and Expenses
If Lender Iw required Immediatc payment in full. as described above, Lender may requlrc Borrower to pay cosI8
and expenses including reasonable and customary attorneys' fecs for enforcing this Note. Such fecs and COSI8 shall bear Interest
from thc date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Bonower and any other person who Iw obligations under this Note waive the righl8 of presentment and noticc of
dishonor. "Presentment" means the right to require Lender to demand payment of amounl8 due. "Notice of dishonor" means thc
right 10 icquire Lender to give notice to other persons that amounl8 due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be
givcn by delivering it or by mailing it by first class mail to Bonower at the property address above or at a different address if
Borrower Iw given Lender a notice of Borrower's different address.
Any notlcethatmust be given to Lender under this Note will be given by first class mall to Lendent the address stated In
Paragrapb 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note. eacb person is fully and personally obligated to keep all of thc promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this NOle is
also obligated to do these things. Any person who takes over these obllgatlons,including the obligations of a guarantor. surety
or endorser of this Note. is also obligated to keep all of the promises made in this Note. Lender may enforceil8 righl8 under
this Note against eacb person individually or against all signatorics together. Anyone person signing this Note may be required
to pay all of the amounl8 owed under this Note.
BY SIGNING BELOW, Bonower accepl8 and agrecs to the terms and covenanl8 contained in this Note.
~YI'''''' K ~i"\~(Seal)
DONNA K. BONNEY ':..J .Borrower
(Seal)
(Seal)
-80nower
(Seal)
-80nower
.Borrower
HtANOTU
FNMT
Pea- 2 0' 2
12/21/93 3:39 PM 01902525
COLUMBIA NATIONAL
Inn 'l"J)( lrated
February 17, 1995
CERTIFIED MAIL 'Z 441 240 324
e
Mr, Jason A, Bonney
418 E, Main Street
Shiremanstro, Pennsylvania 17011
RE: Account '01902525
Dear Mr, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania 17011 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $681,17 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $147,14" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT .WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
":~2 C':LI..'U8IA GA.l"'" OP.'WE
C';L.,\l8'''. MO 21046.2132
"0.872.2000
EXHlB/r .c:
Page 2
February 17, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs. IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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,
Page 3
February 17, 1995
Account .01902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON Y~UR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
G, B, Masseuax,
Asst, Vice President
Z 441 240 324
~ Receipt for
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COLUMBIA NATIONAL
111(( .rp' ,,~Itl'c1
February 17, 1995
CERTIFIED MAIL 'Z 441 240 329
e
Mr, Jason A, Bonney
404 Meadow Drive
Camp Hill, Pennsylvania 17011
RE: Account '01902525
Dear Mr, Bonney:
The mortgage held by Columbia National, Inc. on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania 17011 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $681,17 for the month of
September 1994, and $683,49 for the months of october,
November, December 1994, January and February 1995, Plus
late charges and fees of $147,14" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
j~.a2 C~~...tu G"~l.\j4' OR1'WE
C.:\.~t,'el", MO 21046.2132
. '0,872.2000
Page 2
February 17, 1995
Account .01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any ~ttorney'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 (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF liS 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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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,
Page J
February 17, 1995
Account .01902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
G, B, Masseuax,
Asst, Vice President
Z 44L 240 32~
~ Receipt for
Certified Mall
_ No Insurance Coverage PrOVided
~;:'-"'::U 00 not use for International Mail
ISee Reversel
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COLUMBIA NATIONAL
Inl'orp.m\tt'd
February 17, 1995
CERTIFIED MAIL 'Z 441 240 326
e
Mrs, Donna K. Bonney
418 E. Main Street
Shiremanstro, Pennsylvania 17011
REI Account .01902525
Dear Mrs, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania 17011 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $681,17 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $147,14" 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, $4,245,76.
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
71-'2 COl.."e,.. G....!h..- OA'~E
C':L~"", MD 21046.2132
410,872-2000
Page 2
February 17, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963. This payment must be by 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,
e
COLUMBIA NATIONAL
Inn ll1>omll'd
February 17, 1995
CERTIFIED MAIL 'Z 441 240 330
Mrs, Donna K, Bonney
404 Meadow Drive
Camp Hill, Pennsylvania 17011
RE: Account '01902525
Dear Mrs, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania 17011 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $681,17 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995. Plus
late charges and fees of $147.14" 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, $4,245,76,
. YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, O. Box 3050, Columbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
7142 C"=luVBI..l a"tEW'" ORNE
c,',"~.,.. MO 21046.2132
410,872.2000
Page 2
February 17, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO. BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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, It you continue to live in the property
after the Sheriff's sale, a lawsuit could be started
to evict you,
Page 3
February 17, 1995
Account '01902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
Z 44L 240 330
G, B, Masseuax,
Asst, Vice President
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COLUMBIA NATIONAL, INCORPORATED
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 1995-04766
JASON A BONNEY and
DONNA K. BONNEY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendants
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the complaint on the above captioned matter.
DATE: November 27, 1995
&~E~
Attorney for plaintiff
Attorney ID# 15700
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LAW OPPICES
PURCELL, XRUG & HALLER
1719 NORTH PRONT STREET
HARRISBURG, PENNSYLVANIA 17102
(717) 234-4178
.
~
Jason A. Bonney
404 Meadow Drive
Camp Hill, PA 17011
Donna K. Bonney
44 West Main Street, #323
New Kingston, PA 17072
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
POBOX 8016
HARRISBURG PA 17105
U.S. Department of
Housing & Urban Development
451 7th Street - Southwest
Washington, D.C. 20410
U. S. Department of
Housing & Urban Development
Albany Office, Region II
52 Corporate Circle
Albany, New York 12203-5121
DOMESTIC RELATIONS OFFICE
CUMBERLAND COUNTY COURTHOUSE
HIGH AND HANOVER STREETS
CARLISLE PA 17013
Deborah A. Hughes, Esquire
258 North Street
P. O. Box 961
Harrisburg, PA 17108
NOTICE IS HEREBY GIVEN to the Defendants in the within action and
those parties who hold one or more mortgages, judgments or tax liens
against the real estate which is the subject of the Notice of Sale
pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached
hereto.
YOU ARE HEREBY NOTIPIED that by virtue of a Writ of Execution
issued out of the Court of Common Pleas of the within county on the
judgment of the Plaintiff named herein the said real estate will be
exposed to public sale as set forth on the attached Notice of Sale.
JASON A, BONNEY AND DONNA It. BONNEY
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed,
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY,
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT,
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights, If you wish to exercise your rights, YOU MUST ACT
PROMPTLY,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Court Administrator
Court Administrator's Office
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Phone (717) 249-1133
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
. _r......
2. After the Sheriff's Sale you may file a petition with the
Court of Common pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause, This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234 -4178
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Shiremanstown, County of Cumberland and state of Pennsylvania, bounded
and described in accordance with a survey and plan thereof made by
Gerrit J. Betz, Registered Surveyor, dated March 17, 1971, as follows:
BEGINNING at a point on the southwesterly corner of st, John's Road
(formerly called st. John's Church Road) and East Main street; thence
along the westerly line of st, John's Road, South 36 degrees East,
83,64 feet to a point; thence South 60 degrees 12 minutes West, 85.18
feet to a point at the dividing line between Lots Nos. 27 and 28 on
the hereinafter mentioned plan of lots; thence along the same, North
13 degrees 27 minutes West, 103.98 feet to a point on the southerly
side of East Main Street aforementioned; thence along the same, North
79 degrees 43 minutes East, 49,74 feet to a point, the place of
BEGINNING,
BEING the greater part of Lot No. 27 on the plan of lots known as
Orchard Hills, said plan being recorded in Plan Book 6, Page 22,
Cumberland County records,
HAVING THEREON ERECTED A DWELLING KNOWN AS 418 E. MAIN STREET.
BEING THE SAME PREMISES WHICH Joseph A. Breski and Nancy L.Breski
by deed dated December 22, 1993 and recorded in Cumberland County
Deed Book S-36, Page 301 granted and conveyed unto Jason A. Bonney
and Donna K, Bonney.
TO BE SOLD AS THE PROPERTY OF JASON A. BONNEY AND DONNA K. BONNEY
UNDER CUMBERLAND COUNTY JUDGMENT NO. 1995 - 04766.
Assessment: 37-23-0555-305
.
u, S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In comoliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Postage:
One piece of ordinary mail
Deborah A. Hughes, Esquire
258 North Street
p, O. Box 961
Harrisburg, PA 17108
addressed to:
Postmark:
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COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND CO., PENNSYLVANIA
VS, CIVIL ACTION - LAW
JASON A. BONNEY AND NO. 1995 04766
DONNA K.BONNEY,
DEFENDANTS IN MORTGAGE FORECLOSURE
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CBRTIFICATE OF SBRVICE
PURSUANT TO PA, R,C,P, 237,1
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I hereby certify that on January 3, 1996 I served the Ten Day
Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this
matter by regular first class mail, postage prepaid, as indicated
on the attached Notice.
.
By ,?~ /' //'A
Leon ~l{C PA I.D. #15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front St.
Harrisburg, PA 17102
1
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COLUMBIA NATIONAL, INCORPORATED,:
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION .. LAW
NO. 1995 04766
VS.
JASON A. BONNEY AND
DONNA K. BONNEY,
Defendants
IN MORTGAGE FORECLOSURE
IMPORTANT NOTICE
TO: DONNA K. BONNEY
44 WEST MAIN STREET, #323
NEW KINGSTON, PA 17072
DATE OF NOTICE: JANUARY 3, 1996
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TeLEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
PURCELL, KRUG & HALLER
BY ~b
Leon . al er
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney ID # 15700
.
COLUMBIA NATIONAL, INCORPORATED,:
'Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
VS.
CIVIL ACTION - LAW
NO. 1995 04766
JASON A, BONNEY AND
DONNA K. BONNEY,
Defendants
IN MORTGAGE FORECLOSURE
IMPORTANT NOTICE
TO: JASON A. BONNEY
404 MEADOW DRIVE
CAMP HILL, PA 17011
DATE OF NOTICE: JANUARY 3, 1996
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
:~CEs rUG · HALLER
Leon P. Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney ID # 15700
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COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND CO., PENNSYLVANIA
VS.
JASON A. BONNEY AND
DONNA K. BONNEY,
DEFENDANTS
CIVIL ACTION - LAW
NO. 1995 04766
IN MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter on the real estate
located at 418 E. Main Street, Shiremanstown, PA 17011 as follows:
$ 91,417.91 /
$ 4,501.25
Amount due
Interest at $16.25 per
from 8/31/95 to 6/5/96
diem
Late charges at $21.94 per
month from 8/95 to 6/96
TOTAL WRIT
$ 197.46
$ 96,116.62
** Together with any additional interest, charges and costs to the
date of Sheriff's Sale.
By
~.D. "5700
ATTORNEY FOR PLAINTIFF
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Dated: March 8, 1996
Attached is a description of the real estate.
OFFICE OF TilE SIfE~IFF
CIJ~~' ,::' , I (. ~::::r'(
HAR 12 9 20 AH '96
Ct\HLI~lE
PEHIISYlVANIA
'-.
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ALL THAT CERTAIN piece or parcel of land &ituate in the Borough of
Shiremanstown, County of Cumberland and state of Pennsylvania, bounded
and described in accordance with a survey and plan thereof made by
Gerrit J. Betz, Registered Surveyor, dated March 17, 1971, as follows:
BEGINNING at a point on the southwesterly corner of st. John's Road
(formerly called st. John's Church Road) and East Main street; thence
along the westerly line of st. John's Road, South 36 degrees East,
83.64 feet to a point; thence South 60 degrees 12 minutes West, 85.18
feet to a point at the dividing line between Lots Nos. 27 and 28 on
the hereinafter mentioned plan of lots; thence along the same, North
13 degrees 27 minutes West, 103.98 feet to a point on the southerly
side of East Main street aforementioned; thence along the same, North
79 degrees 43 minutes East, 49,74 feet to a point, the place of
BEGINNING,
BEING the greater part of Lot No, 27 on the plan of lots known as
Orchard Hills, said plan being recorded in Plan Book 6, Page 22,
CUmberland county records.
HAVING THEREON ERECTED A DWELLING KNOWN AS 418 E. MAIN STREET.
BEING THE SAME PREMISES WHICH Joseph A. Breski and Nancy L.Breski
by deed dated December 22, 1993 and recorded in Cumberland County
Deed Book S-36, Page 301 granted and conveyed unto Jason A. Bonney
and Donna K. Bonney.
TO BE SOLD AS THE PROPERTY OF JASON A. BONNEY AND DONNA K. BONNEY
UNDER CUMBERr.AND COUNTY JUDGMENT NO, 1995 .. 04766.
Assessment: 37-23-0555-305
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COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND CO., PENNSYLVANIA
....,.......n.w006'fl " .1111.'1 ',li"'hl~''''k>...",....."....,............................,.,_.......'''' ,,,,,,,,,,',,., .....,,,.........',..,..,,,..... '.......;... .......... "......'........l.."'.,..'IV..\I...w~...Uil'I'I')i11l1iij'r"'llt't.t."I.II.................... ..,.,..-
"
VS.
JASON A. BONNEY AND
DONNA K, BONNEY,
DEFENDANTS
CIVIL ACTION - LAW
NO. 1995 04766
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE: June 5, 1996
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner'S Hearing Room
2nd Floor
CUmberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
418 E, Main Street
Shiremanstown
Cumberland County
Pennsylvania
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
No. 1995 - 04766
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
"
.
JASON A, BONNEY AND DONNA K, BONNEY
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for .xlUIIpl., to banks that hold mortgages
and munioipaliti.. that ar. owed taxe.) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OP
YOUR PROPERTY,
IT HAS BEEN ISSUED BECAUSE THERB IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BB HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT,
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. I f you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAItE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BBLOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICEt
Court Administrator
Court Administrator's Office
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Phone (717) 249-1133
THE LEGAL RIGHTS YOU MAY HAVB ARB I
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
,
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55,
I. ___Jl_l!~!:'rJ__~_~_l,.~gte_r;: __ _ ______________ ___.____________ __ ________ _________ __ u Recorder of
Deed. in and for .aid County and Stale do hereb)' certify that the Sheriff. Deed in which __u____________
Secretary of Housing and Urban Development of Washington DC.
_u________________u______ .__u___u___________ _______________________u___________ 15 the grantee
the same hllvinR bcen sold 10 said gmnlcc on the ___>_tb_______u_______________________________ day of
__-!.~!.'~__________u_uu__u__uu_______ A. D., 19u2!>____. under and by virtue of a writ______________
__~~~:_~~~.?!:_________________________u_ _______ issued on the ________!~_t_~___ ______ uuuu_______
day of _____Mar.ch.._____u_______ A. D., 19_9.6.u. out of thc Court of Cornman PI... of said County as of
_J;'!Y JJ. _____ _____ _u _u __ __ u. .__ _ __ _ _ ___ _ _ ___ u __ u ___ u _ _ _ _ _ u _ _ _ _ _ __ _ _ _ __ _ _ __ _ Tenn, 19_ _J_?__
~umbeJP~~~~_________,althe.uitof---~~!~-~~!~--~~~!-o-~~!__~~~___________________________________
. Jason A Bonney, Donna K
--.. ---..- --... --- -..-- --- ----_ __ --.. __..... against.... __ __...... __ __... __.. __ ___..... __ ____......... __ __.... ____ __ __...... ___ is
duly recorded in Shcriff. Deed Book ~o. _~~~m_____, Pagf~:__________.
1~ TF.sTIMO~Y WHEREOF. I have hereunto
ti.
set my hand and seal of said office Ihis _uL_~____ day
Of..Nt~- -----m)?j;--12P.~)r&- --
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rd Deecb
NOTARIAL SE L
RECORDER or DEEDS. NOTARY PUBLIC
CARLISLE. CUMBERlAND CCUNTY COURT HOUSE
MV COM'IISSIOIl EXPIRES JAtlUARY I. 1998
q~.47~V
~
Columbia National lnc,
vs
Jason A, Bonney, Donna K, Bonncy
In the Court of Common Pleas
Cumberland County, Pennsylvania
Wesley Cook, Deputy Sheriff, who being duly sworn according
to law, says on March 27, 1996 at 12128 o'clock P,M" E,S,T" he
posted the property of Jason A, Bonney and Donna K, Bonney at
418 E. Main Street, Shircmanstown, Cumberland County, Pennsylvania
with a copy of Real Estate Writ, Notice Poster and Description
according to law,
Steve Whisler, Deputy Sheriff who being duly sworn according
to law, says on April 1, 1996 at 7110 o'clock P,M" E,S,T"
he served true copies of Real Estate Writ, Notice Postcr and
Description in the above entitled action upon one of the within
named defendants, to witl Jason A, Bonney by making known unto
Jason A, Bonney at 404 Meadow Drive, Camp Hill, Cumberland County
Pennsylvania, its contents and at the same timc handing to him
personally the said true and attested copies of the same,
Steve Whisler, Deputy Sheriff, who being duly sworn according to
law, says on April 2, 1996 at 11105 o'clock A,M" E,S,T" he
served true copies of Real Estate Writ, Notice Poster and
Description in the above entitled dction upon one of the within
named defendants, to wit: Bonna K, Bonney by making known unto
Donna K, Bonney at 2319 Bumble Bee Hollow Road, Mcchanicsburg
Cumberland County, Pennsylvania, its contents and at the same
time handing to her personally the said true and attested copies
of the same,
R, Thomas Kline, Sheriff, who being duly sworn according
to law, says that he served the above Real Estate Writ, Notice
Poster and Description in the following manner: The Sheriff mailed one
of the within named defendants, to witl Jason A. Bonney a notice
of the pendency of the action by regular mail to his last known
address at 404 Meadow Drive, Camp Hill, Pennsylvania 17011.
This letter was mailed under the date of April 4, 1996 and was never
returned to the Sheriff's Office,
R, Thomas Kline, Sheriff, who being duly sworn according
to law, says that he served the above Real Estate Writ, Notice
Poster and description in the following manner: The Sheriff mailed
one of the within named defendants, to wit: Donna K, Bonney a notice of the
pendency of the action by regular mail to her last known address
at 2319 Bumble Bee Hollow Road, Mechanicsburg, Pennsylvania
17055. This letter was mailed under the date of April 4, 1996 and
was never returned to the Sheriff's Office,
R, Thomas Kline, Sheriff, who being duly sworn according to law,
says that after due and legal notice had been given according to law,
exposed the within described premises at public venue or outcry at the
Court House, Carlisle, Cumberland County, Pennsylvania on June 5, 1996
at 10100 o'clock A,M" E,D,S,T" and sold the same for the sum of $1,00
to Attorney Jill Wineka for Attorney Leon Haller for The Secretary
of Housing and Urban Development of Washington D,C, at The
Wanamaker Building 100 Penn Square East, Phildelphia, Pa, 19107-3390.
It being highest bid and the best price received for the same The Secretary
of Houseing and Urban Development of Washington D,C, Its successors
and assigns, being the buyer in this Execution paid R. Thomas Kline
the sum of $$830,58, it being poundage stamps etc, Sheriff's Costs
listed below. See attached distribution sheet for additional costs,
by ~ "..g, rU.?h'-
Deputy Sheriff
.
Sheriff's Costs:
Docketing 30,00
poundage 16,29
posting Bills 15.00
Advertising 15,00
Acknowledging Deed 30,00
Auctioneer 10.00
Law Library .50
County 1.00
Mileage 22.40
Cert Mail 3.50
Levy 15.00
Surcharge 6.00
Distribution of Proceeds
25.00
Law Journal 248,75
Patriot 338,50
Posters 40,64
Sheriff's Deed 13,00
$830,58 Pd. by Atty, 6-18-96
Sworn and subscribed to before me
1
thi~'1 ./S~ day of l/""7 1996
~'-'- ~o~~~~~tyUA
So answers I. ,,,
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R. fhom~s'Kline,Sheriff
Proof of Publication of Notite in The Patriot and The Evening News
and The Sunday Patriot-News
UDeI.. .'ct No. 1181, .\ppro..d a1af t8. IlI:llI.
...............................JX~$;\lJ.~li'.~...r:iR.r.h.R~.......................beinlt duly sworn according to law, deposes and says:
1\sst, Controller
That he Is the ............................of THE PATRIOT - l\F.WS CO., a corporation organized and existing
under the lawa of the Commonwealth of PennR)'lvanla, with Its principal office and place of business at
812 to 818 Market Street, in the City of Harri-burlt, County of Dauphin, State of Pennsylvania, owner
and publisher of THE PATRIOT and THF. EVENIl\G NEWS and the SUNDAY PATRIOT-NEWS
newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City,
County and State aforesaid; that THE PATRIOT and THE EVENING NEWS and the SUNDAY
PATRIOT - NEWS were established March 4th, 1854, and February 15th, 1917 and September 18th,
1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which Is securely attached hereto Is exactly as printed and
Metro \'lest 16th 23 d d 30th
published In their regular ,.editions and Issues which appeared on the .............!.........:.....!...~.~....................
...........~.?y..:!...~.t....!7:p..~~.~....~.?.~.~.:............................................................................................................................
That neither he nor said Company Is Interested In the subject matter of said printed notice or adver-
tlsln&" and that all of the aliegatlons of this statement as to the time, place and character of publication
are true; and
That he has personal knowledge of the facts aforesaldtnd Is duly authorized and empowered to
verify this statement on behalf of The Patriot-News Co. a oresald by virtue and pursuant to a resolu-
tion unanlmoualy passed and adopted severally by the st k olders and board of directors of the said
Compan~ and subsequently duly re.:orded In the office for th rdln 'of eeds in and for said County
o~ nann ~'aT)Mu\l'NO:'Y. Rnn~ "M". Volume 1.1. P.~. J17. '! _
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-. __... _In Ill..... Torry L. Ruuell. tlolary PuIlIi NotaT'/l Publle
wtIh a _ ... ...... thoNe. ...... .., i ilaUiIoblllll.!liWPh'o county
_ I. -. ....- Swwyor, _ My c "i.Wt:'~ltI'l\I~llI'es~UtlO...l.\Mla.. .....................
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"",~~,~ r::.:".::.=:; Statellt enlslng Costs
..loci St. Jolin'. Quod! .oad) ond I...
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pion ....... I'ILDnIod I. PIon .... ., '- d
22icA~~~=.a.-:. DWIWNO 's Receipt for A vertising Costs
IlNOWN AS 4111. MAIN STan.
IIING THI SAM! PlWISIS WHICH J..
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.. ..... D .~ .~ 22, 1"3 and f'ICOfded In
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TO II SOlD AS THI PlO"m 01' JASON
A. IONNIY AHO DONNA Il. IONNIY UN.
DII CUMlllLANO COUNTY JUDOMINT
NO. I"' . 047". .
AIM.........., 37.U-OSSS.)os
Commonwealth o{ Penmylvnnia, }
Cormtll o{ Dal/phin RR:
.<,:;}Ml).J:?~r..J.~.!!.9....~.~!!:I.!!.~'i....~b.~.;:l~.f.!'i...9.g.~.!i.~
CarliSle, PA. 17U13
..................................................................................
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached hereto on the
337,5U
above stated dates - - - - $............................
l.UU
Probating same $.........':).~rlf:.s.(j...
Total $............................
publisher of TilE PATRIOT and THF. F.VENING NEWS and
/spnpers of Keneral circulation, hereb)' acknowledlte receipt of
costs and certllles thnt the same have been duly paid.
TilE PATRIOT-NF.WS CO.
the
the
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,
COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND CO., PENNSYLVANIA
VS.
JASON A. BONNEY AND
DOUNA K. BONNEY,
DEFENDANTS
CIVIL ACTION - LAW
NO. 1995 04766
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE: June 5, ~996
TIME: 10:00 O'clock A.M,
LOCATION: Commissioner'S Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
4~8 E, Main Street
Shiremanstown
Cumberland County
Pennsylvania
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
No, 1995 - 04766
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
JASON A, BONNEY AND DONNA K. BONNEY
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY,
IT HAS BEEN rSSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU,
IT MAY CAUSE YOUR PROPERTY TO BE HELD , TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT,
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Court Administrator
Court Administrator's Office
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Phone (717) 249-1133
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
. ..
, -
." """:'--".~ --------,-,..-..--..,--..--.............,........-........-......-......-:......--.-
COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND CO" PENNSYLVANIA
VS.
JASON A. BONNEY AND
DONNA K. BONNEY,
DEFENDANTS
CIVIL ACTION - LAW
NO. 1995 04766
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P,R,C,P, 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 418 E, MAIN STREET, SHIREMANSTOWN, PAl
1. Name and address of the Owner(s) or Reputed Owner(s) :
Jason A. Bonney
404 Meadow Drive
Camp Hill, PA 17011
Donna K, Bonney
44 West Main Street, #323
New Kingston, PA 17072
2. Name and address of Defendant(s) in the Judgment, if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
is a record lien on the real property to be sold:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
POBOX 8016
HARRISBURG PA 17105
4 . Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW) :
U.S. Department of
Housing & Urban Development
451 7th Street - Southwest
Washington, D.C. 20410
." -
U. S, Department of
Housing & Urban Development
Albany Office, Region II
52 Corporate Circle
Albany, New York 12203-5121
5, Name and address of every other person who has any record
lien on the property:
UNKNOWN
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
UNKNOWN
7 . Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
TENANTS IF ANY ...
DOMESTIC RElLATIONS OFFICE
CUMBERLAND COUNTY COURTHOUSE
HIGH AND HANOVER STREETS
CARLISLE PA 17013
Deborah A. Hughes, Esquire
258 North Street
P. 0, Box 961
Harrisburg, PA 17108
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relating to unsworn
falsification to authorities.
~
Leon P. Haller I'A I.D.
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
#15700
WRIT OF EXECUTION andlor ATTACHMENT
.
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satlsly the debl, Interest and costs due Columbia National,
NO. 95-4766 CIVIL 19
CIVIL ACTION ,LAW
Inc.
trom Jason A. Bonney, 404 Meadow Dr" Camp
Bonney, 4 W. Main St., #323, New Kingston
PLAINTlFF(S)
Hill PA 17011 and Donna K,
PA 17072,
DEFENDANT(S)
(1) You are directed to levy upon the property 01 1he defendant(s) and to se II Real estate located
at 418 B. Main St" Shiremanstown PA 17011 (See attached legal description),
(2) You are also directed to allach the property of the delendant(s) no1 levied upon In the possession of
GARNISHEE(S) as follows:
and to notny the gamlshee(s) that: (a) an allachment has been Issued; (b) the garnlshee(s) Is/are enjoined from paying any
debIto or for 1he account of the delendant(s) and from delivering any property 01 the delendant(s) or otherwise disposing
thereof:
(3) II property of the defendant(s) nollevled upon an sUbject to allachmenlls lound In the possession of anyone other
lhan a named garnishee, you are directed to notify hinvherlhat he/she has been added as agarnlshee alld Is enjoined as above
slated.
Amount Due $91,417.91
Interest fr 8/31/95 to 6/5/96
Ally's Comm %
Ally Paid $135.12
Plalnlifl Paid
$4,501.25 *
L.L. $,50
Due Prothy $1. 00
Other Costs *Interest at $16,25 per diem
Late charges @ $21.94 per month from
8/95 to 6/96 = $197,46
Oate:
March 11, 1996
Lawrence
Deputy
by:
REQUESTING PARTY:
Name Leon p, Haller, Esq,
Address: 1719 N, Front St,
Harrisbura PA 17102
Allorney lor: PIa in ti f f
Telephone: 17171234-4178
Supreme Court IDNo. 15700
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Interest In the rfl'll ,.... - .,f,
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1\ ., 1\' I filed with
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Date:
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SALE NO. 7
~l.Qnn nn
Advance Costs Pd.
Atty.1eon p, Haller
Assessed Valuation S6,230,OO
WRIT NO,
95-4766 CivilI'erm, 199
Columbia National Inc,
, ,
vs
Jason A, Bonney
Donna K, Bonney
418 E. Main St.
Shiremanstown, Pa,
"
,
'0
~
,
I,
"
REAL DEBT
INTEREST
ATTY'S COMM.
WRIT COSTS, ATTY.
WRIT COSTS, PLIFF
ESCROW
LATE CHARGES
91,417.91
4,501.25
132.12
"
,
"
,
~,
197.46
.
{
~
i
,
~
~
,,;
SHERIFF'S COSTS a
DOCKETING 30.00
POUNDAGE 16.29
POSTING BILLS Ij.OO
ADVERTISING 15,00 ~
ACKNOWLEDGING DEED 30.00 '.
;;.
AUCTIONEER 10.00 ;.
LAW LIBRARY .50 ;,
"
COUNTY 1.00
MILEAGE 22.40 .;:
.'
MONEY MADE WRIT ~i',
CERT MAIL 3.50 "
~,
POSTPONE SALE "
"
LEVY "
15.00 "
~.
SURCHARGE 6.00 l
Distribution of Proceeds 25,00
Le gal Search
f'.
r
r
~:
!
.
i
.
,
J.
,
ADVERTISING
LAW JOURNAL
PATRIOT
SHARE OF SILLS
DEEDS
248.75
338,50
40.64
Sheriff I S Deed
,
;.
,.
,
,:
.
13.00
Federal Stamps
Pa, Realty Transfer
Twp Realty Transfer
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but was unable to locat~ Her
in his bailiwick. He therefore returns
SHERIFF'S RETURN - NOT FOUND
CASE NO: 1995-04766 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COLUMBIA NATIONAL INCORPORATED
VS.
BONNEY JASON A ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: BONNEY DONNA K
the COMPLAINT - MORT FORE
NOT FOUND as to the within named defendant
BONNEY DONNA K
DEENDANT CANNOT BE LOCATED AT EITHER ADDRESS. NO
fORWARDING ADDRESS IS AVIALABLE.
Sheriff's Costa:
Docketing
Service
Affidavit
Surcharge
So answerS1 .
6.00 ~/.// ~/'
. 00 ~/?'" ~,~.;? e:::.:.
.00 --
2.00 R; Ihomas Kline, her11f
58.00 LEON HALLER
ill."u 09/25/1995
""3" . Y D
Sworn and subscr1bed to b~fore me
this j7~ day of .I~" it .
1995 A.D.
~'~IL. ~ !l!t~/&. t (~
/" rlJ ono all"Y
COLUMBIA NATIONAL, INCORPORATED,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
No.IQQ6 ' U~/U ()
JASON A. BONNEY and
DONNA K. BONNEY,
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 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 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 BUS 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
impox~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 TELEFONE A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRIDA ABAJO pARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL:
CUMBERLAND COUN'l'Y .TRUE CO
Court Administrator, cumberland County courtlyrt'f'eS11 PY FROM RECORD
Carlisle, Pa. 17013 -- (717) 240-6200 monywhereol,lhereunlOset
~hl l~,~' 01 C. I Carlls/e:t~
" f 19tJ~-
f
ry
COLUMBIA NATIONAL, INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO.
JASON A. BONNEY and
DONNA K. BONNEY,
Defendants
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
COM P L A I N T
.
1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation
with an office at 7142 Columbia Gateway Drive, P. O. Box 3050,
ColUmbia, Maryland 21046.
2. Defendants, JASON A. BONNEY and DONNA K. BONNEY, are adult
individuals whose last known address is 418 E. Main Street,
Shiremanstown, Pennsylvania 17011, and/or 404 Meadow Drive, Camp
Hill, Pennsylvania 17011.
3. On or about December 22, 1993, the said Defendants executed and
delivered a Mortgage Note in the sum of $78,450.00, payable to
COLUMBIA NATIONAL INCORPORATED,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
1187, Pg.824 conveying to original Mortgagee the subject premises.
Said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 418 E. Main Street,
Borough of Shiremanstown, Shiremanstown, Pennsylvania 17011, and is
more particularly described in Exhibit "B" attached hereto.
6. 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 September 1, 1994, and all
subsequent in~tallments thereon, and the following amounts are due on
the Mortgage:
,
(a) Unpaid principal balance
(b) Interest at $16.25 per day
from 8/1/94 to 8/31/95
(based on contract rate of 7.5%)
(c) Accrued/Accumulated Late Charges
and Late Charges at $21.94 per
month
$78,034.67
6,337.50
263.28
(d) Escrow Deficit
TOTAL
2,880.73
3.901.73
$91,417.91*
(e) 5% Attorney's commission
*Together with interest at the per diem rate noted in (b) above after
August 31, 1995, 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, but the Mortgagor has
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 "C".
. 10. Defendants are not members of the Armed Forces of the United
States of America, nor engaged in any way which would bring him
within the Soldi~rs and Sailors Relief Act of 1940, as amended.
11. Plaintiff has complied with the procedures required by
Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage
,
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 Defendant for the aforementioned total amount due together
with interest at the rate of 7.5% (16.25 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
PURCELL,
on . Haller
ttorney for Plaintiff
I. D. #15700
1719 N. Front St.
Harrisburg, Pa. 17102
(717) 234-4178
NOTE
~FIlAeu. No.
41-4683~34-703
Mulllstate
DECEMBER 22ND. 1993
(Datel
418 E. MAIN ST.
SHIREMANSTOWN. PENNSYLVANIA 17011
(l'Jopelly Add_I
1. PARTIES
'BolTOwer" means each person signing at the end of'thIs Note. and the person's successors and assigns. 'Lender" means
COLUMBIA NATIONAL, INCORPORATED, A MARYLAND CORPORATION
and Its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Bonower promises to pay the principal sum of
SEVENTY EI6HT THOUSAND FOUR HUNDRED FIFTY AND 00/100
Dollars (U.S. $ .......... "78,460.00 ), plll5interesl, to the order of Lender. Interest will be charged on unpaid principal,
from the date of dlsbwsement of the loan proceeds by Lender. at the rate of SEVEN AND ONE -HALF
percent ( ......................7.600%) per year until the full amount of principal bas been paid.
3. PROMISE TO PAY SECURED
BOlTOwer's promise to pay is secured by a mOrlgage, deed of lnI5t or similar security inslrl1ment that is dated the same
date as this Note and called the 'Security Inslrl1menL' That Security Inslrl1ment protects the Lender from losses whlcb might
result if BOlTOwer defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
BOlTOwer shall make a payment of principal and interest to Lender on the fll'5t day of each month beginning on
FEBRUARY 01,1994 . Any principal and interestremalnlng on the fll'5t day of JANUARY
2024 ,will be due on that date, which is called the 'Maturity Date.'
(8) Place
Payment shall be made at COLUMB I A NA T I ONAL . I NCORPORA TED , P.O. BOX 906,
COLUMB lA, MARYLAND 21044-0906 or at such other place as Lender may designate in
writing by notice to BOlTOwer.
(C) Amount
Each monthly payment of principal and Interest will be In the amount of$ ................ "648.64. This amount
will be part of a larger monthly payment required by the Security Inslrl1meol, that shall be applied to principal, Interest and
other Items in the order described in the Security Inslrl1ment.
(0) Allonee to this Note for pa)'lllent adjWllmenls
If an allonge providIng for payment adjll5lmentsis executed by Bonower together with this Note, the covenants of
the allonge shall be Incorporated into and shall amend and supplement the covenants of this Note as If the allonge were a pari
of this Note. [Cbeck applicable box)
o Graduated Payment Allonge 0 Growing Equity Allonge 0 Other [specify)
5. BORROWER'S RIGHT TO PREPAY
BOlTOwer bas the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. on the fll'5t
day of any month.
FHANOf(A
FNMT
Plg_' 0'2
12/21/93 3:39 PM 01902526
mA Muhlslat. Ftnd Rat. Not. . %/u
I
6. BORROWER'S FAILURE TO PAY
(A) Late Cbarlle for Overdue Payments
. If Lender bas not received che full monthly paymeot required by che Securily wlrWDent, as described In Paragrapb
4(C) of thls Note by che end of fifteen calendar days after che payment Is due. Lender may collect a lale cbargeln che amount
of FOUR percent(- - - - - - - - - - -4.000") of che overdue amounl of eacb
payment.
(B) Default ,
If Borrower defaults by falling 10 pay In full any monthly payment, chen Leoder may. except as Ilmlted by
regulalions of che Secrelaly In che case of payment defaulls, require Immedl.le payment In full of che principal balance
remaining due and all accrued Inlerest. Lender may choose not to ex~rclsc this option wichout waiving Its rigbts In che eVent of
any subsequent default. In many clrewnstances regulations Issued by che Secrelaly will Ilmlt Lender's rights 10 require
immedIate paymenlln full In che case of payment defaults. This Nole does not auchorize acceleration wben not permlued by
HlJD regulations. M used In this NOle, 'Secrelaly' mew che Secrelaly of Housing and Urban Development or his or her
designee.
(C) Payment of Costs and Expenses
If Lender bas required Immedlale payment In full, as described above, Lender may require Borrower to pay costs
and expenses including reasonable and customary altorneys' fees for enforcing this NOle. Such fees and costs shall bear Inle,."t
from che dale of dlsbwsementatche same rate as che principal of this NOle.
7. WAIVERS
Borrower and any ocher person who bas obligalions under this NOle waive che rights of presentment and notice of
dishonor. "Presentment" means che right to require Lender to demand paymenl of amounls due. 'Notice of dlsbonor" means che
right to require Lender 10 give notice to ocher persons chat amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different mechod, any notice that must be given to Borrower under this Note will be
given by delivering It or by mailing It by rust clllS3 mall to Borrower atche property address above or at a different address If
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by rust class maJlto Lender atche address Slated In
Paragraph 4(B) or at a different address If Borrower Is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more lhan one person signs this NOle, each person Is fuliy and personally obligaled to keep ali of che prolJ1ises made In
chis NOle, including che promise to pay che full amount owed. Any person wbo Is a guarantor, surely or endorser of thls NOle Is
also obligated to do chese things. Any person who takes over chese obligatlons,lncludlng che obligations of a guarantor, surely
or endorser of this NOle, Is also obligated to keep all of che promises made In this NOle. Lender may enforce Its rights under
this NOle against each person individually or against all signatories togecher. Anyone person signing this NOle may be required
to pay all of che amounls owed under this NOle.
BY SIGNING BELOW, Borrower aecepls and agrees 10 che tenns and covenants contained In this NOle.
(Seal)
~80nower
~V1.,.... K ~V\~(Seal)
DONNA K. BONNEY ::.J -BartOW"
(Seal)
..Bonower
(Seal)
-Bonower
'H....NOrlll
FNMT
Page 2 0' 2
12/21/93 3:39 PM
01902525
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Shiremanstown, County of Cumberland and state of Pennsylvania, bounded
and described in accordance with,a survey and plan thereof made by
Gerrit J. Betz, Registered Surveyor, dated March 17, 1971, as follows:
BEGINNING at a point on the southwesterly corner of st. John's Road
(formerly called st. John's Church Road) and East Main street; thence
along the westerly line of st. John'B Road, South 36 degrees East,
83.64 feet to a point; thence south 60 degrees 12 minutes West, 85.18
feet to a point at the dividing line between Lots Nos. 27 and 28 on
the hereinafter mentioned plan of lots; thence along the same, North
13 degrees 27 minutes West, 103.98 feet to a point on the southerly
side of East Main Street aforementioned; thence along the same, North
79 degrees 43 minutes East, 49,74 feet to a point, the place of
BEGINNING.
BEING the greater part of Lot No, 27 on the plan of lots. known as
Orchard Hills, said plan being recorded in Plan Book 6, Page 22,
Cumberland County records.
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EXHIBIT (2
830
COLUMBIA NATIONAL
I r In lip lr;ued
February 17, 1995
CERTIFIED MAIL IZ 441 240 324
<e
Mr, Jason A, Bonney
418 E. Main Street
Shiremanstro, Pennsy1vani~ 17011
RE: Account 101902525
Dear Mr, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania 17011 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $681,17 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995. Plus
late charges and fees of $147,14" 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, $4,245,76,
.YOU MAY CURE THIS DEFAULT .WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, COlumbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be .
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
7~.$2 C.:l'.....a... 0""!h4' OP'YE
C':t...,'er.&, MO 21c.a6.2132
"0.872.2000
EXHIBIT .k
Page 3
February 17, 1995
Account '01902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
G, B, Masseuax,
Asst, Vice President
Z 441 240 324
~ Receipt for
Certified Mall
No lr1su,ance Cov"ag8 Pro.."ded
~ Do not use for Internal:o..,.' Mill
-'" v ISle Reversel
GBM:mlr
M i....l'll
ill
-
~ i.'t,' .'" ~ "0
~ . , j!J'. I"'~:''' :::.
r:i
Q ""'1)' $
CD
'"
e :::lfh,..J''''
& i"..~ . ;." .t', ',.
ll!
o1t'l~r<'fd ,., ....f...
COPIES BY FIRST CLASS MAIL
II...",~ "1(.001 S"C"''''9
'0 ""'''0'''' 0.1' Ott...r,l2
;I,,,,.., lIec'C)I 5"'0"""'9 1,)"/oIPIQm
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"~"I
PO\l",,arll,, :,,,
$
e
COLUMBIA NATIONAL
Illll .rpc !l.lled
February 17, 1995
CERTIFIED MAIL 'Z 441 240 329
Mr, Jason A, Bonney
404 Meadow Drive
Camp Hill, Pennsylvania .17011
RE: Account .01902525
Dear Mr, Bonney:
The mortgage held by Columbia National, Inc. on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania 17011 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $681,17 for the month of
September 1994, and $683.49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $147,14" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOV~ AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MOrnHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments. If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY
THE SHERIFF TO PAY OFF THE MORTGAGE DEBT, If we rsfer
your case to our attorneys, but you cure the default
before they
j'~J2 CCl.....81... o..'!'['.'V.... DRIvE
c.:~......I", MO 21046.21:)2
.,0.872.2000
Page 2
February 17, 1995
Account 101902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50.00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE,'AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice. 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 the following number
1-800-444-7963, This payment must be by 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,
":e + L'
I .
COLUMBIA NATIONAL
Incorporated
February 17, 1995
CERTIFIED MAIL 'Z 441 240 326
e
Mrs, Donna K, Bonney
418 E, Main street
Shiremanstro, Pennsylvan~a 17011
RE: Account '01902525
Dear Mrs, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania 17011 IS IN SERIOUS DEFAULT because .you have
not made the monthly payments of $681,17 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $147,14" 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, $4,245.76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, O. Box 3050, COlumbia, Ma~land 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
7'''2 C.)t......"I.& G"''!!I.' OA1-..E
C<<"""". MO 2'046.2132
"0.872.2000
Page 2
February 17, 1995
Account 101902525
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 hav~ 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 (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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,
COLUMBIA NATIONAL
Il1mrpormed
February 17, 1995
CERTIFIED MAIL tz 441 240 330
e
Mrs, Donna K. Bonney
404 Meadow Drive
Camp Hill, Pennsylvania
17011
,
RE: Account '01902525
Dear Mrs, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania 17011 IS IN SERIOUS DEFAULT because you .have
not made the monthly payments of $681,17 for the month of
September 1994, and $683.49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $147,14" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245.76, PLUS AN~ ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, COlUmbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS. This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
71.&2 C:l\~"e'... G"'~('If"" O"~E
C.:" ~"'Bl". MO 21C.sa,2132
410.872.2000.
Page 2
February 17, 1995
Account .01902525
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 hav~ 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 (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage. If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE. YOU MAY
DO SQ BY PAYING THE TOTAL AMOUNT OF THE uNPAID MO~HLY
PAYMENTS PLUS ANY !.ATE 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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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,
Page 3
February 17, 1995
Account '01902525
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 ~HE MORTGAGE TO A BUYER OR TRANSFEREE
WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE
OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY"S FEES AND COSTS
ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US
Tu DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred.
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year.
Sincerely,
Z 44L 240 330
G. B. Masseuax,
Asst. Vice President
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COLUMBIA N~TIONAL, INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
No.1". 'I 7 (, ~ (!.(V,J' 7i",,-
JASON A. BONNEY and
DONNA K. BONNEY,
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 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 COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa, ~70~3 -- (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
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 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL:
CUMBERLAND COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa, ~7013 -- (717) 240-6200
COLUMBIA NATIONAL, INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. q.,. 'I7f., r.. C-tVJ TL.i..-
JASON A. BONNEY and
DONNA K. BONNEY,
Defendants
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
COM P L A I N T
1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation
with an office at 7142 Columbia Gateway Drive, P. O. Box 3050,
Columbia, Maryland 21046.
2. Defendants, JASON A. BONNEY and DONNA K. BONNEY, are adult
individuals whose last knoml address is 418 E. Main Street,
Shiremanstown, Pennsylvania 17011, and/or 404 Meadow Drive, Camp
Hill, Pennsylvania 17011.
3. On or about December 22, 1993, the said Defendants executed and
delivered a Mortgage Note in the sum of $78,450.00, payable to
COLUMBIA NATIONAL INCORPORATED, 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
1187, Pg.824 conveying to original Mortgagee the subject premises.
Said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 418 E. Main Street,
Borough of Shiremanstown, Shiremanstown, Pennsylvania 17011, and is
more particularly described in Exhibit "B" attached hereto.
6. Defendants are the real owners of the lund subject to the
Mortgage.
.
7. The Mortgage is in default due to the fact that Mortgagors have
failed to pay the installment due on September 1, 1994, and all
subsequent installments thereon, and the following amounts are due on
the Mortgage:
(a) Unpaid principal balance
(b) Interest at $16.25 per day
from 8/1/94 to 8/31/95
(based on contract rate of 7.5%)
(c) Accrued/Accumulated Late Charges
and Late Charges at $21.94 per
month
$78,034.67
6,337.50
263.28
(d) Escrow Deficit
2,880.73
3.901.73
$91,417.91*
(e) 5% Attorney's commission
TOTAL
*Together with interest at the per diem rate noted in (b) above after
August 31, 1995, 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, but the Mortgagor has
failed to reinstate the Mortgage in accordance with the provisions
thereof. A copy of the Notice is attached hereto and made a part
assistance.
WHEREFORE, plaintiff demands judgment in mortgage foreclosure
hereof as Exhibit "C".
10. Defendants are not members of the Armed Forces of the United
States of America, nor engaged in any way which would bring him
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 Mortgage
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
against Defendant for the aforementioned total amount due together
with interest at the rate of 7.5% (16.25 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
By
LLER
~ ~l'^-
on . Haller
ttorney for plaintiff
I. D. #15700
1719 N. Front St.
Harrisburg, Pa, 17102
(717) 234-4178
I
\
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I
f
,
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t
property within described.
PURCELL,
TRUE COpy FRm.,l RCCORD
In T;:~lIm()lI'l \\Ihc(ool. I hllro unlo ,-<lImy hand
an:! '\1. sual 0: said CO~1 at CarllSla. Pa.
Tltls (. fy,day ,o~'~~ W'>~
L.~ , II I If, "". .c....~(t ..
Prothonotary
NOTE
FIlA CaI<I No.
Mulllstate
41-4683434-703
DECEMBER 22ND, 1993
IDale)
418 E. MAIN ST. . SHIREMANSTOWN, PENNSYLVANIA 17011
IPropeny Add,...)
I. PARTIES
"Borrower" means each person signing atlbe end of thl5 Note. and lbe person's SUCCCSo'lOI'S and assigns. "Lender" means
COLUMBIA NATIONAL. INCORPORATED. A MARYLAND CORPORATION
and Its SUCCCSo'lOI'S and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay lbe principal sum of
SEVENTY EIGHT THOUSAND FOUR HUNDRED FIFTY AND 00/100
Dollars (U.S. $ ** * * * *78.460.00 ), plus Interes!, 10 the order of Lender. Interest will be cbargedon unpaid principal,
from the date ofdlshwsementofthe 10anprocecc1s by Lender,at the rate of SEVEN AND ONE -HALF
percent ( * * **. *** ** *7.600%) perycaruntlllbe full amount of principal bas been paid.
3. PROMISE TO PAY SECURED
Borrower's promise 10 pay Is secured by a mongage, deed of 1nISt or slm11u security InsllUDlent that Is dated lbe same
date as this Note and called the "Security InsllUDlenL" That Security InsllUDlent protects the Lender from lossca which might
result If Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and IntcrestlO Lender on lbe first day of each month beginning on
FEBRUARY 01,1994 . Any principal and Interestrema1nlng on lbe rust day of JANUARY
2024 ,will be due on that date, which Is called the "Maturity Date,"
(B) Place
Payment shall be made at COLUMB I A NATIONAL. I NCORPORA TED , P.O. BOX 906.
COLUMB I A. MARYLAND 21044-0906 or at such olber place as Lender may designate In
writing by notice 10 Borrower.
(C) Amount
Each monthly payment of principal and Interest will be In lbe amount of $ *. * * * * * * *648 . 64. ThIs amount
will be part of a luger monthly payment required by lbe Security InsllUDlen!, that shall be applied 10 principal, Interest and
olber hems In lbe order described In the Security InsllUDlent.
(D) AlIonee 10 this Note for payment adjustments
If an allonge providing for payment adjustments Is executed by Borrower IOgelber with this Note, lbe covenants of
lbe allonge shall be Incorporated InIO and shall amend and supplement the covenants of this Note as If lbe allonge were a part
oflbis Note. [Check applicable box]
D Graduated Payment Allonge DGrowlng Equity Allonge D Olber (specify)
5. nORROWER'S RIGHT TO PREPAY
Borrower bas lbe right 10 pay lbe debl evidenced by this NOle, In whole or In part, wilbout cbarge or penally, on lbe rust
d1Y of any monlb.
Plloe 1 01 2
FIlA Multlsta.. FIlled Ra.. Nol. -11'.
'HANOr[A
FNMT
12/21/93 3:39 PM
01902625
6. nORROWER'S FAILURE TO PAY
(A) I.ale Charee Cor Overdue Payments
If Lender has nol received the Cull monthly paymenl required by the Sccurity Instrumcnt, as described in Paragraph
4(C) oC this NOIC by the end of liftcen calcndar days after the payment Is due, Lender may collect a late charge In the amount
oC FOUR percent(......... ..4.000%) oC the overdue amount oC each
paymen!.
(8) DeCaull
If Borrower defaults by Calling to pay In Cull any monthly payment, then Lender may. except as limited by
regulations oC the SecrelaJy In the case oC payment defaults, require immediate payment In Cull oC the principal balance
remaining due and all accroed Intere.ot. Lender may cboose nollo exercise Ihls option wlthoul waiving Its rights In the event oC
any subsequent deCault. In many circumstances regulations Issued by the Secretary will limit Lender's rights 10 requlrc
Immediate payment In full In the case oC paymeDt defaults. This Note docs not authorize acceleratloD when Dot permitted by
HUD regulations. ~ used In Ihls Note, "Secretary" means the Secretary oC Housing and Urban DevelopmeDI or his or her
deslgDce.
(C) Payment of Costs and Expenses
If LeDder has required immediate paymeDl1n Cull, as described above, LeDder may require Borrower 10 pay costs
and expenses including reasonable and cuslomary atlomeys' Cees for enforcing Ihls Note. Such Cees and costs shall bear Intere.ot
Crom the date of dlsbursemeDt al the same rate as the principal of Ihls Note.
7, WAIVERS
Borrower and any other person who has obligations under Ihls Note waive the rights of prcscDlJoeDt and Dotlce of
dishonor. "PtcseDlJoent" means the right 10 require Lender to demand payment of amounts due. "Notice of dlshoDor" means the
right to tcqulrc Lender 10 give Dotlce 10 other persons that amounts due have Dot beeD paid.
g. GIVING OF NOTICES
Unless applicable law requires a dlffereDt method. any Dotlce that musl be giveD to Borrower under Ihls Note will be
'glveD by delivering It or by mailing It by fust class mall to Borrower at the property address above or at a different address If
Borrower has glveD LeDder a notice of Borrower's dlffereDt address.
Any DOtlce that mUSI be glveD to Lender under Ihls NolC will be given by fusl class mall to Lender at the address stated In
Paragraph 4(B) or at a dlffereDt addtess If Borrower Is glveD a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than ODe person signs Ihls Note, each persoD Is fully and personally obligated to keep all of the promises made In
this Note, including the promise to pay the full amount owed. Any persoD who Is a guarantor, surety or eDdorser of Ihls Note Is
also obligated to do these things. Any persoD who takes over these obllgatlons,lncludlng the obligations of a guaranlor, surety
or endorser of Ihls Note,ls also obligated 10 keep all of the promises made In this Note. Lender may enforce Its rights under
this NolC against each pcISOD Indlvlduatlyor against all signatories together. Any ODe person signing this Note may be required
to pay all of the amounts owed under Ihls Note.
BY SIONlNG BELOW, Borrower accepts and agrees to the tetmS and covenants contained In this Note.
(Seal)
-Bonowcr
~Vl.,.... 1<' ~Y\~(Seal)
DONNA K. BONNEV . .Borro....'
(Seal)
-8onower
(Seal)
.Bonower
pag. 2 01 2
'HAHQtu
FNMT
12/21/93 3:39 PM
01902525
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Shiramanstown, County of Cumberland and state of Pennsylvania, bounded
and described in accordance with a survey and plan thereof made by
Gerrit J, Betz, Registered Surveyor, dated March 17, 1971, as follows:
BEGINNING at a point on the southwesterly corner of st, John's Road
(formerly called st, John's Church Road) and East Main Street; thence
along the westerly line of st, John's Road, South 36 degrees East,
83,64 feet to a point; thence South 60 degrees 12 minutes West, 85.18
feet to a point at the dividing line between Lots Nos, 27 and 28 on
the hereinafter mentioned plan of lots; thence along the same, North
13 degrees 27 minutes West, 103,98 feet to a point on the southerly
side of East Main Street aforementioned; thence along the same, North
79 degrees 43 minutes East, 49,74 feet to a point, the place of
BEGINNING,
BEING the greater part of Lot No, 27 on the plan of lots,known as
Orchard Hills, said plan being recorded in Plan Book 6, Page 22,
Cumberland county records,
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COLUMBIA NATIONAL
Illn 1I'J>()I~lll'r\
February 17, 1995
CERTIFIED MAIL #Z 441 240 324
e
Mr. Jason A, Bonney
418 E, Main Street
Shiremanstro, Pennsylvania 17011
RE: Account .Ol902525
Dear Mr, Bonney:
The mortgage held by Columbia National, Inc. on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l701l IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $68l,l7 for the month of
September 1994, and $683,49 for the months of OctOber,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47,l4" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT ,WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD. Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc., P. 0, Box 3050, COlumbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
;"t~2 CGlI.."~I" G"'.r"..~ OJ,l,''E
C';l~"A'''. MO 21Col6.21J2
,~tr).8i2.2000
EXHIBIT .e
Page 2
February 17, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50.00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00. Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs. IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES.
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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,
Page 3
February l7, 1995
Account .01902525
You hav~ 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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
G, B, Masseuax,
Asst, Vice President
Z 44L 24Q 324
~ Receipt for
Certified Mall
No lf1surance Coverage PrOVided
~ 00 not yse for Intematlonal Mill
.."..... ISed Revenel
GBM:mlr
M ~""! "::
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_,,,,... .tel'Dl S"CIlo"'IJ
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0..',. ."0&04""" '"''''''''
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"n'
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$
COLUMBIA NATIONAL
11l<lq)cI'~Ill'd
February 17, 1995
CERTIFIED MAIL #Z 44l 240 329
e
Mr, Jason A, Bonney
404 Meadow Drive
Camp Hill, Pennsylvania 17011
RE: Account #01902525
Dear Mr. Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l70ll IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $68l,17 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47,l4" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD. Such
payments must be made either by cashier's check, certified
check or money order, and mailed'to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
7:..2 CCl~"'fI'" G"~[',,,.u DnlvE
C.:.\.....OI.a. MD 2104621J2
.'0,872.2000
Page 2
February 17, 1995
Account IOl902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE,'AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
l-BOO-444-7963, This payment must be by 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,
Page 3
February l7, 1995
Account 'Ol902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
GBM:mlr
Z 44L 240 329
..4... Receipt for
..It'" Certified Mall
_ No Insurlnce Coyerage PrOYlded
.::ar.l'::.Q Dc not us, ror International Mlil
(See Reyersel
i! s......,
-
'@ Sift.. J..,::....,
~ PO )1". '''0 ZIII C:1.
G, B, Masseuax,
Asst, Vice President
COPIES BY FIRST CLASS MAIL
0
C> P"'a~.
CD $
...
!j ("It..., '..
of
"' s'"c...:.~. :f<t
'"
A.'If<!~ ;........., 'H
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0",. ,!\dAclOI.,," . "delft..
'orA~ ~\I''3. $
& '''I
Po"rf>,', ":>iI.
e
-it! + '-'
I
COLUMBIA NATIONAL
Illn>rpOI~\ll'd
February 17, 1995
CERTIFIED MAIL 'Z 441 240 326
Mrs, Donna K, Bonney
418 E, Main Street
Shiremanstro, Pennsylvania 170ll
RE: Account .Ol902525
Dear Mrs, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania 170ll IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $681,l7 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $147,l4" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245.76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, O. Box 3050, Columbia, Maryland 2l045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
"'.12 C"";..Vt"" G".!h'~ ORlVI!
C':l'.J"'O""', MO 21046.21J2
" 10,872,2000
Page 2
February l7, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50.00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage. If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately Sixty (60)
days from the date of this notice, 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 walt, You may
find out at any time exactly what the required payment
will be by calling us at the following number '
l-800-444-7963, This payment must be by 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,
Page 3
February 17, 1995
Account '01902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
G, B, Masseuax,
Asst, Vice President
Z 44L i!40 3i!b
Receipt for
~ Certified Mal~. . p,..ided
-- ~ No Ins~"anc: ;~~t~,"gatIOna' Milt
.. n'"'' 00 not use 0
.c,~IlI-" ,See Revelle'
M :.~"~
""
'"
- !'.~... I-~":
'1 ~ j ,'j'" ..J~p ....
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CD
...
~ 'fl~ '.J ~...
o .
'- \..~" :.,.." 'f.
CO
~ ,a<lwc:.c:.......'H
$
GBM:mlr
COPIES BY FIRST CLASS MAIL
".1te.".S"C"''''9
"'~"0"'l''J'" :........cI
IO~ 'NrlOIf'
lIl.c,-01 '5"O""'~ ~o .
...1...." . ~O4'."..., .loGOff"
0.'.- ."
roU." Po,ln"
, '''''
POl1mJIlOl' :W'
$
-
COLUMBIA NATIONAL
11ll'll1'J>' lI~ll('d
February 17, 1995
CERTIFIED MAIL 'Z 441 240 330
e
Mrs. Donna K, Bonney
404 Meadow Drive
Camp Hill, Pennsylvania l7011
RE: Account .01902525
Dear Mrs. Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l70ll IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $68l,l7 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47.14,. 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, $4,245,76,
, YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245.76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, ColUmbia, Maryland 2l045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY. IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
71.12 C.:l\J"~'" G"~E'N'" DANE
c.:\. ....81... MD 210016.2132
~IO,872.2000
Page 2
February 17, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50.00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50.00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO, BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, A notice of the
date of the Sheriff's sale will be sent to you'befor.e
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
l-800-444-7963, This payment must be by 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,
Page 3
February 17, 1995
Account IOl902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
Z 44L 24[] 330
GBM:mlr
~ Receipt for
Certified Mall
No Insurlnce Coverage Provided
~I Do not use for Intem'honal Mall
",,'..v_
ISee RevelSel
i SIt""-:
~
1! j:'..., .": '~Q
~ P J i...', 1"3 ~,:t :~.,.
G, B, Masseuax,
Asst, Vice President
COPIES BY FIRST CLASS MAIL
0
C> Po"I~" $
CD
...
E C""''''1 '"
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le
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'OUl~".q. $
.. '..,
PC\If'l.,k ?I' J"..
H"RLLER
TEL:717-234-120~
RlIa 15 95
14:31 NO.02S P.06
COMPANY NAMEI Columbia Nat1'onal Inc
, orporated
VERIFIC!ATION
I verify that the .statements made in the foregoing Complaint
ars true and correct,
I underetand that false statements herein are made subject
to the penalties of 18 Pa. C.S. section 4904 relating to unsworn
falsification to authoritiee.
Oatedl
August 22, 1995
By
l~~
Gary B, Masseaux, Mst,
L?
I
vice President
Title
AUG 15 '95 15:26
?I? 234 1206 PAGE.006
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COLUMBIA NATIONAL, INCORPORATED,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. q ~'. '/1& t. 0..;...;1 7:;....-.
JASON A. BONNEY and
DONNA K. BONNEY,
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 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 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 expu~stas en las paginas siguientes, usted tiene
viente (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted de be 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
importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. sr NO TIENNE
ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONE 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 -- (717) 240-6200
COLUMBIA NATIONAL, INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. '15'- 'f1{,f, &tft)-r~
JASON A. BONNEY and
DONNA K. BONNEY,
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
Defendants
COM P L A I N T
1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation
with an office at 7142 Columbia Gateway Drive, P. O. Box 3050,
Columbia, Maryland 21046.
2. Defendants, JASON A. BONNEY and DONNA K. BONNEY, are adult
individuals whose last known address is 418 E. Main Street,
Shiremanstown, Pennsylvania 17011, and/or 404 Meadow Drive, Camp
Hill, Pennsylvania 17011.
3. On or about December 22, 1993, the said Defendants executed and
delivered a Mortgage Note in the sum of $78,450.00, payable to
COLUMBIA NATIONA!, INCORPORATED, 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
1187, Pg.824 conveying to original Mortgagee the subject premises.
Said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 418 E. Main Street,
Borough of Shiremanstown, Shiremanstown, Pennsylvania 17011, and is
more particularly described in Exhibit "B" attached hereto.
6. 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 September 1, 1994, and all
subsequent installments thereon, and the following amounts are due on
the Mortgage:
(a) Unpaid principal balance
(b) Interest at $16.25 per day
from 8/1/94 to 8/31/95
(based on contract rate of 7.5%)
(c) Accrued/Accumulated Late Charges
and Late Charges at $21.94 per
month
$78,034.67
6,337.50
263.28
(d) Escrow Deficit
2,880.73
(e) 5% Attorney's commission
TOTAL
3.901.73
$91,417.91*
*Together with interest at the per diem rate noted in (b) above after
August 31, 1995, 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, but the Mortgagor has
failed to reinstate the Mortgage in accordance with the provisions
thereof. A copy of the Notice is attached hereto and made a part
NOTE
Multlstate
FIlA Cue No,
41-4683434-703
DECEMBER 22ND, 1993
(Dale)
418 E. MAIN ST. , SHIREMANSTOWN, PENNSYLVANIA 17011
(Property Add....)
I. PARTIES
"Borrower" means eacb person signing at the end of Ibb Note, and the person's successors and assigns. "Lender" means
COLUMBIA NATIONAL, INCORPORATED, A MARYLAND CORPORATION
and its successors and assigns.
2; BORROWER'S PROMISE TO PA YI INTEREST
In return for a loan received from Lender, Borrower promlsea to pay the principal sum of
SEVENTY EIGHT THOUSAND FOUR HUNDRED FIFTY AND 00/100
DolIlJS (U.S. $ .. u" ....78,460.00 ), pillS interest. to the order ofLender.lnlCrest will be charged on unpaid principal,
from the date ofdlsburscment of the loan proceeds by Lender,at the rate of SEVEN AND ONE -HALF
percent ( ......................7.600%) per year until the full amount of principal bas been paid.
3. PROMISE TO PAY SECURED
BcltOwer's promise to pay Is secured by a mortgage, deed oC trust or slmllar security lnslJUmcnt that Is dated the same
date as Ibb Note and called the "Security lnslJUmenl. " That Security InslJUment protects the Lender from 10SSC8 wblcb might
result If Borrower deCaults under this Note.
4. MANNER OF PAYMENT
(A) Time
BoltOwer shall make a payment oC principal and Intcrestto Lender on the first day oC each month beginning on
FEBRUARY 01,1994 .AnyprincipalandlnterestremalnlngontheflrstdayoC JANUARY
2024 ,will be due on that date, wblch Is called the "Maturity Date."
(8) Place
Paymentsha1lbeawleat COLUMBIA NATIONAL, INCORPORATED, P.O. BOX 906,
COLUMB lA, MARYLAND 21044-0906 or at sucb other place as Lender may designate in
writing by notice to Borrower.
(C) Amount
Eacb montbly payment of principal and interest will be in the amount oC $ ................ "548.64. 1bIs amount
will be part oC a larger montbly payment required by the Security Instrument. that shall be applied to principal, interest and
other Items in the order described In the Security InslJUment.
(D) AllonEe \0 this Note ror payment adjllSlmenls
IC an allonge providing Cor payment adjllStments Is executed by BoltOwer together with this Note, the covenants oC
the allonge sball be incorporated inlo and sball amend and supplcment the covenanlS of tbIs Note as IC the allonge W$re a pari
oflbb Note. (Checkappllcableboll] ,
o Gradualed Paymenl Allonge 0 Growing EqUily Allonge 0 Other (specify I
S. BORROWER'S RIGHT TO PREPAY
BoltOwer bas the right 10 pay the debt evidenced by tbIs Note, In whole or in part, withoul charge or penalty, on the fU'St
day of any month.
P_O.10'2
FIlA Mulllslal. flud Ral. Not.. ZI'.
"1"''''0 lEA
FNMT
12/21/93 3;39 PM
01902525
6. 1I0RROW~:R'S ~'^II.UR.; TO PA Y
(A) I.ale Charlle ror Overdue l'aymenL.
If Lc:nder has not received the full monthly paymenl required by the Security Instrument. as described in Paragrapb
4lC) of tills Note by the end of fifteen calendar days after the payment Is due, Lc:nder may collecl a lale charge In the amount
of FOUR percent (...........4.000%) of the overdue amounl of each
payment.
(8) Derault
If Borrower defaults by falling 10 pay In full any monthly payment, then Lender may, except as limited by
regulations of the Secretary In the case of paymenl defaults, require immediate paymenl in full of the principal balance
remaining due and all accrued Inle.....l. Lender may choose nollo exerebe this oplion withoul waiving its rights In the evenlof
any subsequenl defaull. In many cireumstances regulallons Issued by the Secretary will limil Lc:nder's rigbts 10 require
immedlale paymenl in full In the case of payment defaults. This Nole docs nol authorize accelerallon when nol permitted by
HUD regulalions. AI! used in this Note, "Secretary" means the Secretary of Housing and Urban Developmenl or his or her
designee.
(C) Payment or Costs and Expenses
If Lender has required immediate paymenl in full, as described above, Lc:nder may require Borrower to pay costs
and expenses including reasonahle and customlU)' auorneys' fees for cnforcing lhls Nole. Such fees and costs shall bear Inleresl
from the dale of disbursemenl al the same rale as the principal of this Nole.
7. WAIVERS
Borrower and any other person who has ohllgallons under lhls Note waive the rights of presentmenl and nolice of
dishonor. "Presentmenl" means the righlto require Lender 10 demand paymenl of amounts due. "Notice of dishonor" means the
righllo require Lender 10 give nOlice 10 other persons thaI amounts due have nol been paid.
8. GIVING OF NOTICES
Unless applicable law requires a dlfferenl method. any nOlice thaI musl he given to Borrower under lhls Note will he
given by delivering it or by mailing It by firsl class mall to Borrower al the property address above or al a differenl address If
Borrower has given Lender a notice of Borrower's differenl address.
Any notice thaI must he given to Lender under lhls NOle will he given by firsl class mall to Lc:nder al the address stated In
Paragraph 4(B) or al a differenl address if Borrower is given a nollce of thaI dlfferenl address.
II. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person sigm lhls Note, each person is fully and personally obligated to keep all of the prom1se5 made in
this NOle, including the promise to pay the full amounl owed. Any person who is a guarantor, surely or endorser of lhls Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surely
or endorser of lhls Note, is also obligated to keep all of the prom1se5 made in lhls Note. Lender may enforce Its rights under
this Note agalnsl each person Individually or agalnsl all signatories logether. Anyone person signing lhls Note may he required
10 pay all of the amounts owed under this Note.
BY SIGNING BELOW. Borrower accepts and agrees 10 the terms and covenants contained in lhls Note.
(Seal)
.80rrowcr
D~";;m.N~ ~"'j-..::'!
(Seal)
-Bonower
(Seal)
.Bonower
P.g_ 2 01 2
fHANOIlR
FNMT
12/21/93 3:39 PM
01902525
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Shiremanstown, county of Cumberland and state of pennsylvania, bounded
and described in accordance with a survey and plan thereof made by
Gerrit J, Betz, Registered Surveyor, dated March 17, 1971, as follows:
BEGINNING at a point on the southwesterly corner of st, John's Road
(formerly called st, John's Church Road) and East Main street; thence
along the westerlY line of st, John's Road, South 36 degrees East,
83,64 feet to a point; thence South 60 degrees 12 minutes west, 85,18
feet to a point at the dividing line between Lots Nos, 27 and 28 on
the hereinafter mentioned plan of lots; thence along the same, North
13 degrees 27 minutes West, 103,98 feet to a point on the southerly
side of East Main street aforementioned; thence along the same, North
79 degrees 43 minutes East, 49,74 feet to a point, the place of
BEGINNING,
BEING the greater part of Lot No, 27 on the plan of lots known as
Orchard Hills, said plan being recorded in Plan Book 6, Page 22,
cumberland county records,
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FXHIBIT (2
COLUMBIA NATIONAL
Illn JIV'll~Ill'f1
February 17, 1995
CERTIFIED MAIL 'Z 441 240 324
e
Mr, Jason A, Bonney
419 E, Main Street
Shiremanstro, Pennsylvania 17011
RE: Account .01902525
Dear Mr. Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 419 E, Main Street, Shiremanstro,
Pennsylvania l701l IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $69l,l7 for the month of
September 1994, and $693,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47,14" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245.76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 2l045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY. IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
~ ~.'2 c"'. '....",.. Ci"" ,',..' 0.....(
C :l....'l... MO 21C.h5.2132
.:I(>f1::;'.2oo0
EXHIBIT .k
Page 2
February 17, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00. However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00. Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, IOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
WELL AS THE REASONABLE ATTORNEY"S FEES AND COSTS
CONNECTED WITH THE FORECLOSURE SALE AND PERFORM ANY
OTHER REQUIREMENTS UNDER THE MORTGAGE, It is
estimated that the earliest date that such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963. This payment must be by 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,
Page 3
February 17, 1995
Account .01902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
G, B, Masseuax,
Asst, Vice President
Z 44L 240 324
~ Receipt for
Certified Mall
No 1r1,urance Coverage PrOVIded
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.Sed Reyersel
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e
COLUMBIA NATIONAL
111(llrpOI~IIl'cl
February l7, 1995
CERTIFIED MAIL 'Z 441 240 329
Mr, Jason A, Bonney
404 Meadow Drive
Camp Hill, Pennsylvania l70l1
RE: Account .01902525
Dear Mr, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l70l1 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $68l.l7 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $147,14" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" P. 0, Box 3050, COlumbia, Maryland 2l045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
;~.I2 COl~"'A'''' GJ,![-...."" OArvE
C.:l....'81"'. MO 21046.2132
'''),872.2000
Page 2
February 17, 1995
Account 101902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00. Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE ~HE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, 'AS
WELL AS THE REASONABLE ATTORNEY"S FEES AND COSTS
CONNECTED WITH THE FORECLOSURE SALE AND PEPEORM ANY
OTHER REQUIREMENTS UNDER THE MORTGAGE, It is
e8timated that the earliest date that such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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,
e
":e + c.
I
COLUMBIA NATIONAL
1111'1l1'p' 1I~IIl'd
February 17, 1995
CERTIFIED MAIL 'Z 441 240 326
Mrs, Donna K, Bonney
418 E, Main Street
Shiremanstro, Pennsylvania 17011
RE: Account .Ol902525
Dear Mrs, Bonney:
The mortgage held by Columbia National, Inc. on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l70ll IS IN SERIOUS DEFAULT because you have
not made the monthly payment~ of $681,17 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January' and February 1995. Plus
late charges and fees of $l47,l4" 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, $4,245,76.
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, ColUmbia, Maryland 2l045.
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
;"1-12 C;Jt...y~.,l Q".!h&* OA.....E
c.:V....'B'.... MO 21046.2132
~10872.2COO
Page 2
February 17, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00. Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963. This payment must be by 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,
COLUMBIA NATIONAL
Illnll"p<ll~ul'd
February 17, 1995
CERTIFIED MAIL tz 441 240 330
e
Mrs, Donna K. Bonney
404 Meadow Drive
Camp Hill, Pennsylvania 170ll
RE: Account tOl902525
Dear Mrs, Bonney:
The mortgage held by Columbia National, Inc" on your
property locatect at 418 E. Main Street, Shiremanstro,
Pennsylvania 170ll IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $68l,l7 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47.14" 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, $4,245.76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS. This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments. If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
71-12 Cr:llJV8IA G"'~EW"'l' ORN!
C'~L......el"'_ MO 21046.2132
.10,872.2000
Page 2
February 17, 1995
Account 'Ol902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50.00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO, BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
WELL AS THE REASONABLE ATTORNEY"S FEES AND COSTS
CONNECTED WITH THE FORECLOSURE SALE ArID PERFORM ANY
OTHER REQUIREMENTS UNDER THE MORTGAGE, It is
estimated that the earliest date that such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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.
Page 3
February l7, 1995
Account 101902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same pOSition as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
Z 44L 240 330
GBM:mlr
~ Receipt for
. Certified Mall
No Insurance Coverage Provided
~l 00 not use for lnrernahonal Mill
""'''\low;
ISee Revenel
~ 5....,.~
~
G, B. Masseuax,
Asst, Vice President
COPIES BY FIRST CLASS MAIL
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$
COLUMBIA NATIONAL, INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO.. PENNSYLVANIA
VS.
NO. If ~'- 'I n (, &;;J 'r.u.-
JASON A. BONNEY and
DONNA K. BONNEY,
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 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 COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa, 17013 -- (717) 240-6200
NOTICIA
Le han demand ado 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 demand as 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
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 0 LLAME POR TELEFONE 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 -- (717) 240-6200
,
\
i
i
i
,
COLUMBIA NATIONAL, INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. 1,. <{7~{. ~ -r.u-..
JASON A. BONNEY and
DONNA K. BONNEY,
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
Defendants
COM P L A I N T
1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation
with an office at 7142 Columbia Gateway Drive, P. O. Box 3050,
Columbia, Maryland 21046.
2. Defendants, JASON A. BONNEY and DONNA K. BONNEY, are adult
individuals whose last known address is 418 E. Main Street,
Shiremanstown, Pennsylvania 17011, and/or 404 Meadow Drive, Camp
Hill, Pennsylvania 17011.
3, On or about December 22, 1993, the said Defendants executed and
delivered a Mortgage Note in the sum of $78,450.00, payable to
COLUMBIA NATIONAL INCORPORATED, 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
1187, Pg.824 conveying to original Mortgagee the subject premises.
Said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 418 E. Main Street,
Borough of Shiremanstown, Shiremanstown, Pennsylvania 17011, and is
more particularly described in Exhibit "B" attached hereto.
6. 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 September 1, 1994, and all
subsequent installments thereon, and the following amounts are due on
the Mortgage:
la) Unpaid principal balance
lb) Interest at $16.25 per day
from 8/1/94 to 8/31/95
(based on contract rate of 7.5%)
(e) Accrued/Accumulated Late Charges
and Late Charges at $21,94 per
month
$78,034.67
6,337.50
263.28
(d) Escrow Deficit
2,880.73
Ie) 5% Attorney's commission
TOTAL
3.901.73
$91,417.91*
*Together with interest at the per diem rate noted in (b) above after
August 31, 1995, 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, but the Mortgagor has
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 "C".
10. Defendants are not members of the Armed Forces of the United
States of America, nor engaged in any way which would bring him
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 Mortgage
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 Defendant for the aforementioned total amount due together
with interest at the rate of 7.5% (16.25 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
LER
~e(.,F1.-
on . Haller
ttorney for Plaintiff
I. D. #15700
1719 N. Front St.
Harrisburg, Pa, 17102
(717) 234-4178
PURCELL,
TRUE COPY FROM RECORD
In T~lS:iiT'~llY wherllOl. I haro unto 3et my h;md
(Ill:) :! Itl ~t.J1 (11 f.Jid GOUJ, at Carlisle. Pa,
Tills (, '!>- . day 01 ~ ,,/. 19'1)"
S,^ C ' .
yl~ ',JlftllLA- ^~~}'~? .
Prolhono1ary
NOTE
AlA Cue No,
41-4683434-703
Multl_lale
DECEMBER 22ND. 1993
lOa"1
418 E. MAIN ST.
SHIREMANSTOWN, PENNSYLVANIA 17011
IPrope~7 Add''''1
I.I'ARTIES
"Borrower" means each person signing al the end of this Nole, and the person's successors and assigns. "Lender" means
COLUMBIA NATIONAL. INCORPORATED, A MARYLAND CORPORATION
and its successors and assigns.
2. BORROWER'S PROMISE TO PA VI INTEREST
In n:turn for a loan n:ceived from Lender, Borrower promises to pay the principal sum of
SEVENTY EIGHT THOUSAND FOUR HUNDRED FIFTY AND 00/100
Dollars (U.S. $ ..... .78. 4S0 . 00 ), plus interest, 10 the order of Lend cr. In teres I will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, al the rate of S EVE NAN D ON E - HA L F
percent ( . . . . . . . . . . .7 . SO 0") per year until the full amount of principal bas been paid.
J, PROMISE TO PA V SECURED
Borrower's promise to pay Is secured by a mortgage, deed of trust or similar security Instrument tbatls dated the same
date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might
result If Borrower defaults under this Note.
4. MANNER OF PAVMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
FEBRUARY 01,1994 .Anyprlnclpalandlnterestn:malnlngonthefustdayof JANUARY
2024 ,will be due on tbatdate. which Is called the "Maturity Date."
(0) Place
Payment shall be made at COLUMBIA NATIONAL. INCORPORATED. P.O. BOX 90S,
COLUMB I A, MARYLAND 21044-090S or at such other place as Lender may designate In
writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of$ ....... ..S48 . S4. 1bIsamount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, Interest and
other Items in the order described in the Security Instrumenl.
(D) Allonee to tbls Note for payment adjustments
If an allonge providing for payment adjustments Is executed by Borrower together with this Note, the covenants of
the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as If the allonge were a part
of this Note. [Check applicable box)
DOraduated Payment Allonge DOrowing Equity Allonge 0 Other [specify I
S. BORROWER'S RIGHT TO PREPAV
Borrower bas the right to pay the debt evidenced by this Note, in whole or in part. without charge or penalty, on the fust
day of any month.
rHANOI[A
FNMT
P'O. 1 012
12/21/93 3:39 PM 01902525
FIlA Multlslate Fbcd Ita.. Note -11'1
6.1I0RROWER'S ~'AILURETO PAY
(A) I.ale Char!:e for Overdue l'aymenl1
If Lender has nol received the full monthly paymenl required by the Security InslnUnent, as dCllCribed in Paragrapb
4(C) of this Nole by the end of lifleen calendar days after the paymenl is due, Lender may collecl a laic charge in the amounl
of FOUR percenl(...........4.000'llo) of the overdue amounl of each
paymenl.
(ll) Defaull
If Borrower defaults by failing 10 pay in full any monthly payment, then Lender may, excepl as limited by
regulations of the Secrewy In the case of paymenl defaults, require Immediate paymenl In full of the principal balance
remaining due and all accrued Interest. Lender may choose nollo exercise this option withoUI waiving Its rights In the event of
any subsequenl default. In many clrcwnstances regulallons Issued by the Secrewy will limll Lender's rigbts to require
immediate payment in full In the case of payment defaults. This Nole docs nol authorize acceleration when not permllted by
HUD regulalions. As used In this NOle, "Secrewy" means the Secrewy of Housing and Urban Development or his or ber
designee.
(C) Paymenl of Costs and Expenses
If Lender bas required immediate paymenlln full, as dCllCribcd above, Lender may requirc Borrower 10 pay costs
and expenses including reasonable and cuslomary allomeys' fees for enforcing this Note. Sucb fees and costs shall bear Inleresl
from the dale of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person wbo bas obligations under this Note waive the rigbts of presentment and notice of
disbonor. "Presentment" means the rigbt 10 requirc Lender 10 demand payment of amounts due. "Notice of disbonor" means the
rigbllo tcquirc Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method. any notice that musl be given 10 Bonower under this Note will be
given by delivering It or by mailing It by fllSt elass mall 10 Boltower al the propeny address above or al a different address If
Bonower bas given Lender a notice of Bonower's different address.
Any notice thai musl be given 10 Lender under this Note will be given by fust class mall 10 Lender at the address stated In
Paragrapb 4(B) or at a different address If Bonower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, eacb person is fully and personally obligated 10 keep all of the promises made In
this NOle, including the promise 10 pay the full amounl owed. Any person wbo is a guaranlor, surely or endorser of this NOle Is
also obligated 10 do these things. Any person wbo takes over these obligations, including the obligations of a guaranlor, surely
or endorser of this Note, is also obligated 10 keep all of the promises made In this Note. Lender may enforce its rigbts under
this Note againsl eaeh person individually or against all signalories together. Anyone person signing this Note may be requircd
10 pay all of the amounts owed under this Note.
BY SIGNING BELOW, Boltower accepts and agrees 10 the terms and covenants contained In this Note.
(Seal)
-Borrower
~YlA 1<' ~Vl.Y_7..<seal)
DONNA K. BONNEY ::J .Bonowcr
(Seal)
-Borrower
(Seal)
..Borrower
Pag. 2 01 2
'HANOIUI
FNMT
12/21/93 3:39 PM
01902525
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Shiremanstown, County of Cumberland and state of Pennsylvania, bounded
and described in accordance with a survey and plan thereof made by
Gerrit J, Betz, Registered Surveyor, dated March 17, 1971, as follows:
BEGINNING at a point on the southwesterly corner of st, John's Road
(formerly called st, John's Church Road) and East Main Street; thence
along the westerly line of st, John's Road, South 36 degreos East,
83,64 feet to a point; thence South 60 degrees 12 minutes West, 85,18
feet to a point at the dividing line between Lots Nos, 27 and 28 on
the hereinafter mentioned plan of lots; thence along the same, North
13 degrees 27 minutes West, 103,98 feet to a point on the southerly
side of East Main street aforementioned; thence along the same, North
79 degrees 43 minutes East, 49,74 feet to a point, the place of
BEGINNING,
BEING the greater part of Lot No, 27 on the plan of lots,known as
Orchard HillS, said plan being recorded in Plan Book 6, Page 22,
Cumberland county records,
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EXHIBIT (2
COLUMBIA NATIONAL
11\l'lIlVCll~\lI'd
February 17, 1995
CERTIFIED MAIL 'Z 441 240 324
e
Mr, Jason A. Bonney
418 E. Main Street
Shiremanstro, Pennsylvania 17011
RE: Account '01902525
Dear Mr. Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l70ll IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $68l,17 for the month of
September 1994, and $683.49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47,l4" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD. Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 21045.
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY
THE SHERIFF TO PAY OFF THE MORTGAGE DEdT, If we refer
your case to our attorneys, but you cure the default
before they
;"'.12 C,:".v3',I, G"'Po.. OPIV(
C.:. ~"'fl". MO 21C46.2132
,"')'872.2000
EXHIBIT .k
Page 2
February 17, 1995
Account .01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs. IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
l-BOO-444-7963, This payment must be by 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,
Page 3
February l7, 1995
Account fOl902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE U~DER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage.will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
GBM:mlr
Z 44L 240 324
~ Receipt for
Certified Mail
No Insurance Coverage Provided
~ Do not I.ISI for Inl,rnltlonll Mill
-.oo.. ,Sed Reverse)
G, B, Masseuax,
Asst, Vice President
COPIES BY FIRST CLASS MAIL
l'l )""I'Q
81
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COLUMBIA NATIONAL
1111 f .rp' >I~IlI'c1
February l7, 1995
CERTIFIED MAIL 'Z 44l 240 329
Mr, Jason A, Bonney
404 Meadow Drive
Camp Hill, Pennsylvania l70ll
RE: Account lOl902525
Dear Mr, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l70l1 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $68l,l7 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $147,l4" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" P. 0, Box 3050, Columbia, Maryland 21045.
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
;"~ -'2 C':hl,lf"" G...~r.'I'Af On'~f
C.:~ .....61.., MO 21046.2132
.u~,812,2000
Page 2
February 17, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, 'AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963. This payment must be by 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,
':(1 + L'
/-
COLUMBIA NATIONAL
(11('( lI'por.Ul'd
February l7, 1995
CERTIFIED MAIL 'Z 441 240 326
e
Mrs. Donna K, Bonney
418 E, Main Street
Shiremanstro, Pennsylvania 170ll
RE: Account .Ol902525
Dear Mrs. Bonney:
The mortgage held by Columbia National, Inc. on your
property located at 418 E. Main Street, Shiremanstro,
Pennsylvania l70ll IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $681,l7 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995. Plus
late charges and fees of $147,14" 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, $4,245.76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, O. Box 3050, Columbia, Maryland 2l045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments. If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
71J2 c.:t......g,... G.'!h". OR'~E
C':l'J\IS.a, MD 21046.2132
" 10.872,2000
Page 2
February l7, 1995
Account 'Ol902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50.00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage. If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff'y
sale could be held would be apprOXimately Sixty (60)
days from the date of this notice. 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 the following number
l-800-444-7963, This payment must be by 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 livo in the property
after the Sheriff's sale, a lawsuit could be started
to evict you.
Page 3
February 17, 1995
Account IOl902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
G, B, Masseuax,
Asst, Vice President
., 44L 240 326
...
Receipt for
~1 Certified Mall e Provided
-- ~ No I"su'a"c~ Cf;l~f~~tlo"a' MI,I
...."t... \ 00 not use or
00,:,...",;:1' IS.e Rev,rse)
GBM:mlr
COPIES BY FIRST CLASS MAIL
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$
COLUMBIA NATIONAL
II1(,flrp<Jl~ lied
February 17, 1995
CERTIFIED MAIL tz 441 240 330
e
Mrs, Donna K, Bonney
404 Meadow Drive
Camp Hill, Pennsylvania 17011
RE: Account tOl902525
Dear Mrs, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l70l1 IS IN SERIOUS DEFAULT because you ,have
not made the monthly payments of $68l,l7 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47,l4" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245.76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc., p, 0, Box 3050, Columbia, Maryland 2l045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments. If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
7'~2 ':::llNU,'" (j.l.(~" DAt\lE
C .. ....IlI.. -,1021';.$6.2132
':1() A:'2.~COO
Page 2
February 17, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50.00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO. BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice. 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 the following number
l-800-444-7963, This payment must be by 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,
Page 3
February l7, 1995
Account .01902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
GBM:mlr
Z 44L 240 330
~' Receipt for
Certified Mail
No Insurance Coverage Provided
~ 00 not use for International Mall
.."..." ISee Revetsel
m S,,""~
~
~ i:.".....=..Q
~ P:l "',:,,"J':';>::.,.
G, B, Masseuax,
Asst, Vice President
COPIES BY FIRST CLASS MAIL
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COLUMBIA NATIONAL, INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. tJ,... 'Nt. (, &:,../ 1L_
JASON A. BONNEY and
DONNA K. BONNEY,
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 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 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
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 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL:
C~ERLAND COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa, 17013 -- (717) 240-6200
COLUMBIA NATIONAL, INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. tJr. <l7~(, C-t.;..J T.t.....
JASON A. BONNEY and
DONNA K. BONNEY,
Defendants
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
COM P L A I N T
1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation
with an office at 7142 Columbia Gateway Drive, P. O. Box 3050,
Columbia, Maryland 21046.
2. Defendants, JASON A. BONNEY and DONNA K. BONNEY, are adult
individuals whose last known address is 418 E. Main Street,
Shiremanstown, Pennsylvania 17011, and/or 404 Meadow Drive, Camp
Hill,. Pennsylvania 17011.
3. On or about December 22, 1993, the said Defendants executed and
delivered a Mortgage Note in the sum of $78,450.00, payable to
COLUMBIA NATIONAL INCORPORATED, 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
1187, Pg.824 conveying to original Mortgagee the subject premises,
Said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 418 E. Main Street,
Borough of Shiremanstown, Shiremanstown, Pennsylvania 17011, and is
more particularly described in Exhibit "B" attached hereto.
,
6. 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 September 1, 1994, and all
subsequent installments thereon, and the following amounts are due on
the Mortgage:
(a) Unpaid principal balance
(b) Interest at $16.25 per day
from 8/1/94 to 8/31/95
(based on contract rate of 7.5%)
(c) Accrued/Accumulated Late Charges
and Late Charges at $21.94 per
month
$78,034.67
6,337.50
263.28
(d) Escrow Deficit
2,880.73
(e) 5% Attorney's commission
TOTAL
3.901.73
$91,417.91*
*Together with interest at the per diem rate noted in (b) above after
August 31, 1995, 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, but the Mortgagor has
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 "C".
10. Defendants are not members of the Armed Forces of the United
States of America, nor engaged in any way which would bring him
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 Mortgage
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 Defendant for the aforementioned total amount due together
with interest at the rate of 7.5% (16.25 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.
PURCELL,
~ .l.1"L-
on . Haller
ttorney for Plaintiff
, I. D. #15700
1719 N. Front St.
Harrisburg, Pa, 17102
(717) 234-4178
By
TRUE COpy FROM RECORD
If! Te:;Umonywherool, I hero unto ~at my hand
:lnj ~!lll Sf'll of said Court al Carlisle, Pa,
Tltis (, '- 1 day 01 <r'i' ~ 19:'~
...... ulf ~ (; li 'I, I ~ 'F"
J I ProthonotalV
NOTE
FIlA Cau No,
41-4683434-703
Mulllslalc
DECEMBER 22ND. 1993
[Dalel
418 E. MAIN ST.
SHIREMANSTOWN, PENNSYLVANIA 17011
[Propeny Add....)
I.I'ARTIES
"Borrower" means eacb person signing al Ibe end of tbls Nole, and Ibe person's successors and assigns. "Lender" means
COLUMBIA NATIONAL. INCORPORATED, A MARYLAND CORPORATION
and Ib successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Bonower prombea 10 pay Ibe principal sum of
SEVENTY EIGHT THOUSAND FOUR HUNDRED FIFTY AND 00/100
Dollars (U.S. $ ** * * * *78,450.00 ), plus Inlereal,IO Ibeorder ofLender.lnlereslwlll be cbargedon unpaid principal,
from Ibe dale ofdlsbunemenloflbe loan proceeds by Lender,al Ibe rale of SEVEN AND ONE -HALF
percenl ( * * * * * * * * * * * 7 . 500") per year unlil Ibe full amounl of principal bas been paid.
J. PROMISE TO PAY SECURED
Borrower's promise 10 pay Is secured by a mortgage, deed of llUsl or similar security Inslnllnenl tballs dated Ibe same
dale as ibis Nole and called Ibe "Security InslnllnenL" Thai Security Inslnllnenl prolccb Ibe Lender from losses which mlgbl
resull iC Bonower deCaulb under ibis NOle.
4, MANNER OF PAYMENT
(A) Time
Bonower shall make a paymenl of principal and InlcresllO Lender on Ibe first day of each monlb beginning on
FEBRUARY 01,1994 . Any principal and Inlerestremalnlng on Ibe firsl day of JANUARY
2024 ,will be due on thai dale, which Is called the "MalUrity Dale."
(B) Place
PaymenlShall be made al COLUMB I A NA T I ONAL , I NCORPORA TED , P.O. BOX 905,
COLUMB I A, MARYLAND 21044-0905 or al such other place as Lender may designate In
wrillng by nOllce 10 Borrower.
(C) Amount
!:achmonlbiy paymenloCprinclpal and Intereatwill be In the amount of$ *** ** ** * *548.54. Thlsamounl
will be part of a larger monlbiy paymenl required by the Security Inslnllnenl, thai shall be applied 10 principal, Interesl and
other ilems In the order deacribed In the Security InslrwnenL
(0) Allonle to tbls Note for payment adjustments
If an allonge providing for paymenl adjuslmenb Is execuled by Bonower IOgether with ibis Note, Ibe covenanb of
the allonge shall be Incorporated Inlo and shall amend and supplemenl the covenanb oC ibis Nole as if the allonge were a pan
oC ibis NOle. [Checkappllcable box J
o Graduated Payment Allonge DGrowing Equity Allonge 0 Other (speclfYI
5. nORROWER'S RIGHT TO PREPAY
Bonower bas Ibe rlgbllO pay Ibe debl evidenced by Ibis Nole, In whole or In part, wilboul cbarge or penahy, on the fll'Sl
day of any monlb.
HlANOf[A
FNMT
P~lo'2
12/21/93 3:39 PM 01902525
FIlA Muk....l. i'bed Rat. Nol.. Zl'1
t.J(H1BIT ft
6. 1I0RROWt:R'S FAII.URE 1'0 I'A Y
(A) I.ale Charlie Cor Overdue I'aymenl.
!f Lender has nol received lbe full monlbly paymenl required by lbe SecurilY IruslrUll1enl, as d..",ribed in Paragraph
4(C) of lbis NOle by lbe end of nfleen cal.ndar days afl.r lbe paym.nlls du.. Lend.r may cnll.cI a laic .harge in lb. amounl
of FOUR pere.nl(...........4.000") of lb. ov.rdue amounl of .ach
paymenl.
(II) neCaull
IC Borrow.r d.faulls by failing 10 pay in full any monlbly paym.nt. lb.n Lender may, ex.epl as limited by
regulallorus of lb. Secrewy in lb. case oC paymenl deCaullS, require imm.diale paymenl in full of lb. prin.ipal balance
remaining due and all accroed inleresl. Lender may choose nollo ex.reise this oplion wllboUI waiving lIS rights in lbe ev.nl of
any suhscqu.nl d.Caull. In IIWIY c!rcumslaDces regulatiollS issued by lbe Secrewy will limll Lend.r's rights 10 require
imm.dlal. paymenlln Cull in lb. case of paymenl deCaults. ThIs Nole docs nol aulborize a.cel.rallon when nol pennlU.d hy
HUD regulallollS. As uscd in this Nol., "Secrewy" mc:allS lbe Secrewy of HOIISing and Urban Developm.nl or his or h.r
design...
(C) Payment oC Costs and Expense.
If Lender bas required immediate payment in full, as described above, Lend.r may require Bonow.r 10 pay .OSIS
and expenses in.luding reasonable and cIISlomary allOmey.' f.es for .nforcing this Note. Su.h f.es and costs shall bear interesl
from lb. dale of disbursemenl allbe same rale as lbe prin.ipal of this Note.
7. WAIVERS
Borrow.r and any olb.r person who bas obligatiollS und.r this Note waive lb. rights of presentm.nt and noti.. of
dishonor. "Presentm.nl" means lb. righllO require Lend.r 10 d.mand paym.nl of amounlS du.. "Nollee of dishonor" means lb.
rigbtlo require Lend.r 10 give nOllce 10 olb.r persollS lbal amounts due have nol been paid.
8. GIVING OF NOTICES
Unless applicable law requires a dlfferenl melbod. any notice thai mllSl be glv.n 10 Borrow.r und.r this Note will be
giv.n by delivering il or hy mailing II by fllSl ellLSS maUlO Bonower allbe propeny address above or al a diff.renl address if
Bonower bas glv.n Lender a nollce of BOlTOw.r'. dlff.renl address.
Any nollee thai mllSl be given 10 Lend.rund.r this Nole will be given by fllSt.llLSS mall 10 Lend.ratlbe address stated in
Paragraph 4(B) or al a dlff.renl address If BOlTOw.r Is giv.n a nollee of thai dlff.renl address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than on. person slgllS this Note, each person Is fully and personally obligal.d 10 k..p all of lbe promises made In
this NOI., including lbe promise to pay lbe full amount owed. Any person who Is a guarantor, surety or .ndorser of this Nole is
also obligated to do lbese things. Any person who takes ov.r lbese obllgatiollS, including lbe obligatiollS of a guaranlOr, surely
or .ndorser of this NOI., is also ohllgaled to k..p all of lbe promises made in this Note. Lend.r may .nforee its rights und.r
this Note againsl each person individually or against all signatories log.lb.r. Anyone person signing this NOle may be required
10 pay all of lbe amounts owed und.r lbls NOI..
BY SIGNING BELOW, Bonow.r acc.plS and agrees 10 lb.lerms and .ov.nants contained in this NOle.
(Seal)
-Bonowcr
~"'"~ !<' ~"~'"I)
DONNA K. BONNEV -Donow.,
(Seal)
-Bonowcr
(Seal)
-Bonower
P.lg. 2 or 2
HlANOHn
FNMT
12/21/93 3:39 PM
01902525
COLUMBIA NATIONAL
Inn IIV' ll~lIl'd
February 17, 1995
CERTIFIED MAIL 'Z 44l 240 324
e
Mr, Jason A. Bonney
418 E. Main Street
Shiremanstro, Pennsylvania 170ll
RE: Account 'Ol902525
Dear Mr. Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l7011 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $681.17 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47.l4" 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, $4,245,76.
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
, payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 21045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLO BY
THE SHERIFF TO PAY OFF THE MORTGAGE DEBT, If we refer
your case to our attorneys, but you cure the default
before they
7:.$2 C'~l'.."'61.l GJ.~[ ",,,. O"''wf:
C':l~"'A'A. MD 210.16.2132
."0.872-2000
EXHIBIT .k
Page 2
February l7, 1995
Account '01902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs. IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
l-800-444-7963, This payment must be by 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,
Page 3
February l7, 1995
Account IOl902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year.
Sincerely,
GBM:mlr
Z 44L 240 324
~ Receipt for
Certified Mail
No Insurance Coverage PrOVided
~ 00 not use tor Inter"atI0"81 Mail
ISet! Reve"el
G, B, Masseuax,
Asst, Vice President
COPIES BY FIRST CLASS MAIL
~ ~..'" ':'
~
~ j"u' I": ',0
:i " ilJ't J"J;~ :.::.
0
C> "W.tlf $
CD
...
l! c""....., :...
If s"..:. .:........,
le
1I.,~.<.1td ~ ...., '..
q'kI'~ .KtoOl S"C"''''9
10 .......0.... l Doll' o.,...~
A,,,,... A"toOl 5"0"'''''9 10 11'0I110"'.
o,lf olIO" AOQlt,,"' "Ill"""
rOIAl,. '0'''0;_
"ft'
Po:,lrr," " 'J".
$
e
COLUMBIA NATIONAL
III< "rp(JI~IIl'd
February l7, 1995
CERTIFIED MAIL 'Z 44l 240 329
Mr, Jason A, Bonney
404 Meadow Drive
Camp Hill, Pennsylvania 170ll
RE: Account .01902525
Dear Mr, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E. Main street, Shiremanstro,
Pennsylvania l70ll IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $68l,l7 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47,l4" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245,76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 2l045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
;~.a2 cC\.....'u G.t.~(..."..f DA'~f
C':l ~"eu.. MO 2t046.2132
.'0,872.2000
Page 2
February 17, 1995
Account lOl902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
prinCipal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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,
Page 3
February l7, 1995
Account .Ol902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTAC~ US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
Z 44L 24lJ 329
G, B, Masseuax,
Asst, Vice President
~ Receipt for
Certified Mall
_ No InJurance Coverage PrOVided
'::::'-,,':8 00 not UI' for Intemallonal Mail
ISle R,vefsel
GBM:mlr
~ 5,", 1
..
~
COPIES BY FIRST CLASS MAIL
11 $:...""'....,
~ ., il,lf ""1111' c:~.
0
C> "':1,.
CD $
...
!l c.,t'.1'ft
of S:M~.':<!o _.:..,
<II
Go
A",,<,.., ;e.......'H
A.tl,.I,. 01<<"01 sno...."'9
10 11'-I"<:"" " Oil. o.o....~
"'lIjr"~.noOl S"G"'''''f 10 '''''''0'''
0".. ."Ct"04t.....'...~...
'O"'~ ~u.q. $
& ,...
Po,......, Jf :J,II.
":(1 + c.
I
COLUMBIA NATIONAL
Incorporated
February 17, 1995
CERTIFIED MAIL 'Z 44l 240 326
e
Mrs, Donna K. Bonney
418 E, Main Street
Shiremanstro, Pennsylvania l70l1
RE: Account '01902525
Dear Mrs, Bonnoy:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l70l1 IS IN SERIOUS DEFAULT because you have
not made the monthly payments of $68l,l7 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47,l4" 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, $4,245,76,
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245.76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc" p, 0, Box 3050, Columbia, Maryland 2l045,
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
7142 CJt",u!'t.,I G...~tj'~ OQ'~f
C':l'N8'.I. MO 21046.2132
"'0872,2000
Page 2
February l7, 1995
Account 'Ol902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50,00, However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES,
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY
PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS
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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
l-800-444-7963, T~is payment must be by 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.
e
COLUMBIA NATIONAL
'Iln >1')>< >I~lIl'd
February 17, 1995
CERTIFIED MAIL 'Z 44l 240 330
Mrs. Donna K. Bonney
404 Meadow Drive
Camp Hill, Pennsylvania 17011
RE: Account 'Ol902525
Dear Mrs, Bonney:
The mortgage held by Columbia National, Inc, on your
property located at 418 E, Main Street, Shiremanstro,
Pennsylvania l70l1 IS IN SERIOUS DEFAULT because you ,have
not made the monthly payments of $681,17 for the month of
September 1994, and $683,49 for the months of October,
November, December 1994, January and February 1995, Plus
late charges and fees of $l47.l4" 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, $4,245,76,
, YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF
THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF
$4,245.76, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE
CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, Such
payments must be made either by cashier's check, certified
check or money order, and mailed to Columbia National,
Inc., p, O. Box 3050, Columbia, Maryland 21045.
If you do not cure the default within THIRTY (30)
DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE
THE MORTGAGE PAYMENTS, This means that whatever is
owing on the original amount borrowed will be
considered due immediately and you may lose the chance
to payoff the original mortgage in monthly
installments, If full payment of the amount of
default is not made within THIRTY (30) DAYS, WE ALSO
INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO
FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS
FORECLOSED, YOUR 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 default
before they
71012 Cr.lIJVA,.a G"'~EW'f QRIVE
c,:......ItIIA. MO 21046.21:J2
< 10,872,2000
Page 2
February 17, 1995
Account 'Ol902525
begin legal proceedings against you, you will still have to
pay the reasonable attorney's fees, actually incurred, up
to $50.00. However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's
fees even if they are over $50,00, Any attorney's fees
will be added to whatever you owe us, which may also
include our reasonable costs, IF YOU CURE THE DEFAULT
WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED
TO PAY ATTORNEY"S FEES.
We may also sue you personally for the unpaid
principal balance and all other sums due under the
mortgage, If you have not cured the default within
the thirty (30) day period and foreclosure proceedings
have begun, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE
HOUR BEFORE THE SHERIFF"S FORECLOSURE SALE, YOU MAY
DO SQ 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 such a Sheriff's
sale could be held would be approximately sixty (60)
days from the date of this notice, 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 the following number
1-800-444-7963, This payment must be by 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,
Page 3
February 17, 1995
Account 'Ol902525
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
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US
TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF,
If you cure the default, the mortgage will be restored
to the same position as if no default had occurred,
However, you are not entitled to this right to cure
your default more than three (3) times in any calendar
year,
Sincerely,
Z 44L 24[J 33[J
~ Receipt for
Certified Mail
No Insurance Coverage Provided
~ 00 not use 'or 'n1ernational Mall
.",...v ISee Reverse'
~ St..,.~
0>
~
G, B, Masseuax,
Asst, Vice President
GBM:mlr
COPIES BY FIRST CLASS MAIL
~ i:',., I~': 'to
~ PO ~;..~. ,.." :,p ::.:.
0
C> Pn",q" $
CD
...
Ii C.",I,.', J...
of 5Glt.. :....,. 1..
le
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HALLER
TEL:717-234-1206
RlIO IS 9S
14;31 No.025 P.06
COMPANY NAAE I Columb' Nt' 1
1a a 10na , Incorporated
VERIPIC!ATION
I verify tbat tbe ,statements made 1n the foregoing Complaint
are true and correct.
By
l %f'r
Gary B, Masseaux, ABet,
L:?
/
Vice President
I understand that false statements herein are made subject
to the penalties of 18 Pa, C.S. section 4904 relating to unsworn
falsification to authoritice.
Dated:
August 22, 1995
Title
RUG 15 '95 15:26
717 234 12QS PRGE.C~~
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