HomeMy WebLinkAbout95-04982
FARMERS TRUST COMPANY,
plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
v.
HAL R. WILSON and
KAREN L. WILSON,
pefendants
IN MORTGAGE FORECLOSURE
CIVIL NO. 1995 ~ (/../C;S' J- Gu\'l k.u>1
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST
TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE COMPLAINT AND
NOTICE ARE SERVED, FILING IN WRITING WITH THE COURT YOUR
DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED
WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE
COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
Telephone: (717) 240-6200
FARMERS TRUST COMPANY,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
HAL R. WILSON and
KAREN L. WILSON,
Defendants
1
IN MORTGAGE FORECLOSURE
CIVIL NO. 1995 - ~9P~
COMPLAINT
AND NOW, comes Farmers Trust Company, through its attorney,
William A. Duncan, Esquire, and files this Complaint in
Mortgage Foreclosure, of which the following is a statement:
1. Plaintiff is Farmers Trust Company, a corporation
organized and existing under the laws of the Commonwealth of
Pennsylvania with its main office and principal place of
business located at 1 West High Street, Carlisle, CUmberland
County, Pennsylvania 17013.
2. Defendant, HAL R. WILSON, an adult individual, residing
at 1025 Drexel Hills Blvd., New Cumberland, Pennsylvania 17070
and KAREN L. WILSON, an adult individual, residing at R.D. # 2
Box 369-A Loysville, Perry County, Pennsylvania
3. On or about April 29, 1988, Defendants made, executed
and delivered to Plaintiff a note and a real estate mortgage
financing Forty-five Thousand and 00/100 Dollars ($45,000.00),
a copy of said note and said real estate mortgage being
attached hereto as Exhibits nA" and "Bn, respectively, and are
incorporated herein by reference as though fully set forth.
4. Said note and said real estate mortgage have not been
assigned.
5. HAL R. WILSON and KAREN L. WILSON are the sole record
owners in fee simple of said premises subject to said mortgage,
by virtue of'a Deed dated and recorded on April 21, 1981, and
recorded in the Perry County Recorder's Office in Deed Book
"304n, Page 126, more specifically set forth in Exhibit ncn,
attached hereto and made a part hereof by reference.
6. Said note and said real estate mortgage are in default
because Defendants herein have failed to pay the payments that
were due and owing for the months of May 1995 through September
1995.
7. The Plaintiff has given to the Defendants written
notice of intention to foreclose on said mortgage as required
by law under Act 6, dated July 7, 1995, a copy of which is
marked Exhibits "on and "En, and attached hereto and made a
part hereof by reference.
8. The Plaintiff has given written notice of default as
required by the Homeowner's Emergency Assistance Act of 1983,
dated July 7, 1995, a copy of which is marked Exhibits "Fn and
"G", and attached hereto and made a part hereof by reference.
9. By reason of the aforesaid default, the entire
principal balance of Six Thousand One Hundred Fifty-nine
Dollars and 17/100 ($6,159.17), with interest thereon at the
rate of twelve (12.00\) percent per annum computed from
September 6,' 1995, accruing insurance premiums, attorney's fees
in the amount of Nine Hundred Twenty-three Dollars and 87/100
($923.87) are now due and payable.
10. The Defendants are liable to the Plaintiff for the
following on said mortgage loan:
A. Principal amount and interest
due through 9-6-95:
$6,159.17
B. Interest at 12.00\ from 9-6-95
to 9-15-95 @ $2.05 per pay: $ 20.50
C. Attorney's Collection fee: $ 923.87
TOTAL:
$7,103.54
WHEREFORE, Plaintiff prays the Court to enter judgment in
favor of Plaintiff and to order the foreclosure and sale of the
mortgaged property and for the amount of Seven Thousand One
Hundred Three Dollars and 54/00 ($7,103.54) together with
interest thereon, costs and all other amounts advanced by
Plaintiff.
/. I /--
, ,
.I .,..... ""It. 1/' . ~
h .1. \ it' ~' ( //~f~f""-1.
Wi 'ilim 1(. ncan, E f1 "' .
Attorney for Plaintiff
1 Irvine Row
Carlisle, PA 17013
(717) 249-7780
VERIFICATION
I, John H. Bowers, hereby verify that I am Sr. Vice
President of Farmers Trust Company, that I make this
verification being authorized to do so, and the facts set forth
in the foregbing Complaint are true and correct to the best of
my knowledge. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
~
John H. Bowers
Sr. Vice President
.....,......,~
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SEP /9 3 52 PH '95
f 'le:' OfFICE
OF TH~ ,'.idHOII~TAr.y
CUk~ERLhIlOCOUIITY
PEIIIISfU:IIIA
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45,000.00
PROMISSORY NOTE
f).'bllll
_. Ha1-R._ \~i1sQn_,&_Kaxen ,L.a.....Wilscn
'.
loan____
___~.1.2 h_
0..", -AP..f;lL~2___ ._. 19 _88
01 ..R..o.Il<l--.BQlLJ!l2A...l&Jl.sri.lli._ rA__/7o 'U
0.,,,,, _James T_ Wilscn 01 3796 Si1vl>rlYood DrUe.~K.-EJ\
FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY,lhe person or persons who sign as debtor below (each 101nlly and severally liable II
mOle than one person and Iierelnafter relerred to as "Deblor"l, promises 10 pay 10 Ihe order 01 ("lender"l
FARMERS TRUST COMPANY. \ West High Slreel, P. O. Box 220, Carlisle, Pa. 17013
al any 01 lender's branch ollices,
Ihe Principal sum 01 Fort3l.=five Tho"SilmL.i!n!Lr:lo/100 - -- Dollars
In lawful mOlJ.ey ollhe Unlled Slates. 10 be paid as fOllows: Prinr;:ipal and interest p;wable in 120 equal I1IQntlJly
~nstallments of $645.61 each. commenc~ng on the 5th day or June 1988 and cont1nu~ng on
the 5th day of each month thereafter. Any increase or decrease In the amount of interest
due caused b~ early or late payments will be reflected in the final installment which
will be modified accordingly. If the interest rate changes, the final installment will
be modified accordingly.
Inleresllrom Ihe dale 01 thiS Nole shall accrue on the unpaid Principal balance hereol at Ihe rate of
_~~fer~~ce rate des!2nated by Lender from time to time as
and shall be payable
monthly
$ICUII1Y IfHUlSl A5 RCUIII, 100lht PfOmgljUwmtnt nand IiIhen due 01 .hmounlsdue undet' Il'Ils Note
Intlul1lng .nw Itn""'ls flltnSlons ,nd/Ol modlhnllons IhtlPOI IOielhtf ",tth ,II olhrl rllstlnllnd IulUI.
hdhhlll"s ,nd obllgltlons 01 OrblOI 01 ,n, 01 them 10 trndtf 'IIIhrlh., .bsotule Of conllner"! of ,n, n.lute
..hll~otvtl and oul ol...haltwtllranUtllons J/ISJnllhtltlnallrr eollreliwP9, ,rlerrtdlou Il'Ie ''lI.bthtle5'1. In
.dllllion 10 .nr olhef ~pcur.I, 'I,eemenl 01 documenll,.nMllendel ,n, f1Ifllsln.n,01 Oblltols rObllao"',
n u\td tltlPIn. 1h1H Inctudp DeblOI .nd .11 olher penon, b.bIe fllhel '~ulel, Of conlinlenll" on Ihe
ll.Dlhlln Ineludml endolsea, sUfel.n Inll IUJ/'nlonl pl'OPfrl, lor Ihe pUfpow 01 srcurlnllhe lllbtlllleS
OOlllrlor ".no.'tdau ltndrl s Illhl 01 stl 011 aOO lurlnel Mfeb, &,.nls 10 lendrr. lien ,nd steuril, mlelrsl In
.no In.1l PIOIlPlly 01 0011 lOt Of In, ollhem, "htCnal an, IlInt lendtl sh.1I hne In lIS IlOSstS\lon 01 IlIIrllch" 10
lun~lllo.1 Includlnlllllllhoul hm.lallon .n, b,lInep 0' shlle brlonllOllO ObhlOl ol.n, ollhem. ol.n,
drpo111 .1ienC, IIu11 e~c'o... Of olhrllCcounlor 'CCOunts.ulh lendef .nd ,n'Olher Imounls IVhleh m" be
O.lna trom Ilmt 10 Ilmt b, lenorr to Obilcor. 01 .1n, of Ihrm Slid hpn .M secu'll, mlrresl ~hall be
mlJeprndenl 01 lender s IIRhl ol!ofl on whICh II PlflCl!ofd shaU be dHmed 10 OCCUI al 1M lime lender Ilrsl
f"~lrlcls .cern 01 OblliOf 10 propert, In lender\ pouesSlOll .1lUIOUlh such SfI 0" m.1, be entered upon
lendrls boo.~ .nll Il'eordS.1I.1 lIler lime
o II chpe~t<I DeDIOI 'ii:frr~ 11'1'1 UlIS Note IS.1 lene".1 at the PtOtnlSSOf' Nolr dlltd
19_, and Ihat. 1II1'1elfltr or not tddlltonllluntls lIt adv.nced herewith.
Ih.s NOll' IS nOIInlrndell10 Clule. tOI,II, nu debl illender.u liven I pulCh')f mant, 0' othfl W(UIIIy
inlplt~11r\ (onntchon .,Ih Ihe 1l"01 Ptoml~~OI' HOlt Ihll seculll, mlp'e\1 ~hall be lellmfd b, leOOt' In
connpe!lOn ...llh 1M Nole
UNCONOIIIONAlllASllITl. Obh,on Il.brill, shin be uncondlllOn.l.ntIwdhoul felilC lolltf h.b1llt, ot In,
oint" ODlllor ,nd ~h,1I nol be IlltCled b, .n, .Mullf'n" f'llenSIOll olltme 'enu.1 .'lveIOl modlhullon 01
ltm NOle Of Itlp It'tPa~e ~uD~lllullon IndfOf ,"ddtOnol cOUlle,.1 StcUlllytor IhIS"", OblllOl conSfnl~loln.
1M .11 elll'n~lon~ 01 limp 'fOU'''. I..".vel~ 01 mOl:hhUhon~ "weU" lolhe rrte"e 'ub~lllubon or IddlltOn
01 ODhj;Or~ ,nd Uf collllell' \teunl, wllhoul nolln 10 ObhiDf .mi .llhoul ItlMMe Obhlo(1 hilblhl,
h,rrunOl'r Of uMer Ihl.' ll,l>fhhes
II'\I~ Noll' IS ,nllllt"d 10 Ihe benthls olin, lO.1n Illermentls, ~ul'l, andlollulI.nh 'llff""nllsl W(\,IIII,
'lll'tml'nlhl mOflllllltlsl I~sl,nmenllil, '00/01 olhff sudl 'o.1n documenl~ I,elrlffd 10 n IfIt lOin
[)o{uml'nh '11~wtcl In connecllon .111'1 Ihe llabrlib". .neUltI elKulfel plt.IOU\l~ 10 Of (l!ncunenll, .lln, 01
fa bt' tll'luled subst'Qutnl 10 Ihls Nole nd .hlch m., br .rntnded madlllfd lene~ 01 ~ubslllulrd .lthOul
.trttl,n~ 10 .nr .'r Ihl' '1.111111, 01 pnlorce.bill, otlhl,Nole
(V(NIS OF OlfAUlT. ["h ollhe 100Iowml ,h.M be an Evrnl 01 OfI.1ulr' htreuOOtr 1IIIhe nonlll,menl
.hl'" due 01 II 'hl~ I~ I dem.1nd obhilltOn upon dem'nd 01 In, lmounl P'Ylbtf under lhl\ Nole or of .n,
,maul'll .htn dut' unll" or on .n, ollhe 1I.brllllfs ollhe IlIlufe ol.n, Obttcor to Qbwnt Of Pf'ltolm In,
I~rremt'n' ot ,nr n.1lure ...hll~ot'ttr "'llh leMef mClUlJlnI bul nol k""led 10 If'Iou {onlllned In l~ l(ljn
Oo(\lmf'nl~ III II .n) ObhlOI btcomes !nSOlvenl 01 ml.l"~ In I\\lllnmenllm th, brntllt 01 rredlfor~ OIII.n,
pl'lillon 1\ iiII'd b~ or Illm\l.n, ObblDf undel.n, I)lOvl\llInol.n, ~1.I'lIf IPtJ"lll.. III \1.lut, .11f1'"1l 11'1.1
\1,I(h Uhll~Of I~ loWlvrnl 01 un,ble 10 PI, drbh n 1M, m.lult 01 undel .n, p10vtSlOl\ utlfl. 'Mllt
B.n'luDIC) [odt> ll)lh, I"nll, oI.n, luclllTIflI1.,aln\1,R, OblllQf OI,n, 01 Obhp SCllOPflly .f\!{hlemllns
un~,II~hl'd 101 hltten ll~) dl,s 141lhtluulOlolln, Ilt'lhm,"1 Itv, Of 1.'nl~hmen1'I',"~1 .1n, p'~h 01
In) nblt~QI (~llhl' OtlUlI,nce ol.n, subst.nll.leh.nae In fht Im1nC1A1 {oodlhon 01 In, 0tJktQI .hl(h 1II1f1f
\011" '1'I\on'blt Kood "tlh ,udllmtnl 01 lenoel t\ mllfll,ll, .1d'rfl\f 1611ht \lit of 1111;1 \ub\llnl"II, .t/olll'l,
I~\eh ur I hlOllt Ln O"'Ot'f~hlp U1lhe dluOluhon Ilqullillutn nlfll!"r lon~d.hon Of rtoll.multOn III .ny
Obtl~(jr .h'l h ,'" IOJpOllllOn 01 ')I!tllfnhlp.lIIllhoullh't'JIIP~~ pllOf "unen {L/n'll'lIlollr.tdt'1 l'llhtlle,,"
tnc ~ll 1"11'1011 OlldIUI!II.llun 01 Ittll InrDmQettn,. 01 In, \){)hrlOl .flu I~' ",fulII Pf'.wn (!I II Inw mlUflftahon
01 ~I~n'tu!t IUlr\r\ht'lllu II'Mtf b, In, Obhlol 11,0, I,mt 'II (Unn('(IIUn .111'1 III) ullhf 1..b#,Il(l\ QI!lI
corlnp(llt!n .,th .n~ t:~I,!an', t).I \u'l'l, 'l,ttmtnl,pph(,1llf' III "I, ullht I ,.bll.""\ 1\ 1.l\POIIfl(Ufft'l1 m l':ll
Ihl' l,dUlt III .n, I.U~I~II 10 IHIWI) lufn!\h 10 ltmdtl 'udl 1'".11111,1 .rk! o1hl"l fflruuflllllll'l I~ tt'ltd!'1 m..,
'f'J\lII'I.tll'll'ljU....,t'1!t...qu'rl'
THE PROVISIONS ON
O.>tllor tl~:;IY executed ~IS Nole Ihe day and year ,.,,1
"~~""" ., 1"~J.ittJ[{0m
',,"
,
!" ".i '....
~ per annum above
its Base Rate.
the
as billed.
UNOU'S IIG"TS UPON Olf&UU: NoI.llhSllOOm, .n,thlnIID Iht conlra" conl'lned l'Iefem or ehe...lltrl'
Of Ihe l.cllh.1 Deblor m.1, be ftqulred 10 m.ke Ptlnclp.l.nd/Df ,"Iffesl PJ,menh Irom lime 10 lime II tr'l\
Nole" P.y.ble upondem.1nd, lender m.1, demand p..menl ol.UOuflllndlOIPnne'Il.I.oo .1CCfUfd Inltf!':!
'I .n, tIme, .hethe, or not an EVfflI 01 Ofl.ult shld hne occunpd In .n, tvtnl. upon Ihe oceulI,nce or '11\
hent 01 Dellull. lender m.1, do .1n, Of .n of Ihe ''''nl
1IIICceftrllf the matulII)' oIlIIIS Hole .nd dem.nd Immtdlile llIyment 01 .11 oulsl.ndlni PrlnC11l11 drILl
.1ccrutel Inleresl
12lllursU.1nl 10 llle W.1u.nt 01 Atlofne, contJlnfd Mlttn. conless ludlmenl 'l.105I Deblor 01 In, oll~l'l'
13) elerelst lendef, fllM of selo" Ind.1l ollhe fllhts, Illlwlltres Ind remtd.es 01.1 !tf(u'fd Il.rty under II ~
Penns,lvlnla Umlorm CommerCial Code .111d .11 ollis Illhb .nd lelnedltS undH .1n, SKullly lir~ml'l~1
pledlf .,r!ernent. ISSlrnment, mani'le, IlOWff, thIS NoleOl.n,olhef nole_ or othtf 'I'temrnl In~lrumf'nl CI
document IUutd In connecbOn -.tlh Of Ifl$fnl oul 01 .n, 01 Ihe ll.brlrtlfS .11 of "hlCh rrmtQlts sh.1I t~
cumulatlVf'OO nol .ltefn.1llwe The net I)fOCHdi ol.n, cOll.1teral hetd by tendtf "weullty 101lny or It-('
lllbtbllf's sh,H be.ppIIed hlsl 10 IN e_penses ollenerln prepa'lnl rtI. cotlilerallor SlIe sel1lnllnd the 1M
.ndudln.. 'Il'!thoul hmll.1hOn, ff.son,bIe .norne, s 1m .nd plpen," lfIC\UrN by lender ImCloolOlltt\ .M
e.penses oI.ny 14111bon Incldenl 10 .n, 01 the IotqlllnR).and SKond, III lUCh oeder." lender m.y In Il~ ~lJlt'
dlstrehon elect. 10 Ihe complete ubSllCbOn 01 aN Dill'll! lIAbilities 10001he, .tlh.U mferest Inelton Ob!iJ:'-I~
.'fwn .nd fflr.S!, .In. lIahl 10 'lqUlfe lender 10 collet1.n. 01 tflt lllblhhts 10 lender !rom .n, otht'1
colllteral undelln, Iht'Of. of mllStlalltnl of ,uels or othe'WtSt..nd Speclll"ll, .uthoflles leMt'1 10 'PP',
.n, (OUalmlln lIIhlCh Obltlol hn.n, IIlhl.lltltOf Intelest al.lnst .n, olttae Obllcor' ll.1bllllle~ 10 len,~Pf'~
.n, manntr th.1llendtf ma, Otlefmme
14) Upon II~e 151 d." .flften notICe 10 OebtOf, belln lC(rulnllnterest. 1ft .1ddlllon 10 Il'le InlffPsl III OVidI'd I~l
.1bove Il.ny .1. rale not 10 elcted loul PflCenl14\l per .nnum on Ihe unPlId Pflnclp,ll b.l1.1nce prO~ldl'rl
ho.-eWPI Ih.1 no Inltlesl shiM .ccrue htfrunder III UCf'Uot Ihe m'llmum .1rno\.nl 01 mll'lesllhen IlIo.t'lJ t.
lI. OtbIOl'II'ffS 10 pa, such .1ctrlltd Inltfrst upon dem.nd
WUI...I Of AnOllln: Deblor .1n(l eKh 01 them IllnOl'e lh.n one. heleb. IfffYOClbly 'ulflollm Jnil
trnllO.'fS .n, Anornt, Of .n, Clef. ol.n, cGUrl 01 fecOfd upon or altellhtoccuffence ol.n, E venl 01 [le!JU;t
is specllted lbove. 10 .PDt" IOf .ndCONfESS JUDGMENJ al.1mst Otblor OI,n, olltlem 1.1101 such ~UITl~ J.
,ff due .1nd/Ol m., 1Jto(0mt dlM'on Ihe llabrilltn .1OOiOf Ibl 1ft In, IellOnol feplewln In\lltul.d b, It'nett'r t
obl.1.n poue\SlOIl 01 ,n, ~oII.1lrl.l~e(Ullnlll'l" Note or SKulln..n, of Ihe ll.b1khn In f'llhl'f UW .'11, c'
.!Ihoul dtd'IiIIOft .111'1 lo~h 01 sUII .llhout st., at elftuhon .1Id wllb .n ,mounl not 10 UCtf'l1 !.tIt'!'.)
prlcent 115'1 olltrt unlllllJ plII'\(IP" .tnOt.lnl 01 such fwdl"""l but fICII i!u Il'I,n One IltouuM OuH~~',
III 000 om .dded fu, .nOlnt, ) cullKbon 1m 0tbl0l III _.1IV!\ ItIt "lht 01 InQUJ\lllOn on In, 1('.1 !".Wl'
IeWlfd on Yolunl.1IlI, cond.mni II\f ~Imt 1\IIhorlln the PrOlnonotll, Of Cwr. 10 .nlef upon Iht' 'htll i.'
(IKuhan u~ vOlunl.1I' condemn.hon.1Ad .1lfH' Ut.t Slid Ifll esllle ma, be wtd on. Will 01 Elecul,o~
11110 Ihf ellenl ~mllted b, ta. ..1IVes .nd IfIe.\!\ IU Ithel ham .IlIIlPIlI\emtfll \1', fI,mpllon It
.ppr.1 ta.\ ol.n, \lllf no. In toru Ol' ~fllttl e!tlcled .lId tllll'te.sts.1 error' In SlKh PIOCffi1ll'li~ If,
copy of Ihl$ Note weillit'd b, ,'!ldnlf by or on .".11 01 tend" ,tllIl ft... betn Ilifd In \uch I(llon II ~h,!! lIl'l
be nt'(U\lI, 10 llltth, 0111'"" r.ale IS' W.If.nlot lft<trnf' The 'Ultlofll, .nd PO.,'IOlgprlllur ~nd tnlpr
tOO'~1 ".111lil Ol'bIOf \h" nolllf 'Ih'usled b,lhe 1Il11lt! 1'1"(111 thffeot 1M ttae \lml! m" bf rJef( I\I"J
Irom llt\'l1' 10 llmt I~ olltn.\ tt'ndel \httl dHm necnur, .nd dtsff.bIt .lnd 1111\ Note sh.1I be. 'Ult,\ Ir'1!
W,I!.nl Tht'!rhtlf If""" m., rnltl onf 01 mO't tud,menls In Ihe \lme Of Clllff,nl counllf~ IIlI II! ur ~JI!, '
Iht' ll.bllillr\ .11I~0u1 11;'1111110 .nt'lhf-II\Il1.~1 illS tftn enteled Gfll1\\He Ih.n ant OlC.1\1oo 101 Iht ,~II;t.
ll.b1Il'ln In I"t 1'~1I' .n_ludlt1'lfnl tlllttfd '''''Insl Ol't1tof h!leuntlfll\ \III(Jenor openfd upon IPPlt( JI'\"
II, III 011 Orlllol ~ bl"h,tll.)r .Ill, I('non .h.lwwtl ll'IlIlI!'I\ htltb_ llulftUIlJfd.nd ,mpo....rl'tllU .jJ'"
1p(lt'lIlor till! lllllle\~ Iudlml'nl 'K~ln~1 OtblOl 01 ,n. ollhtm ~ubtt'l.l hu.e.., 10 II'It Ilmll.hlln In'l \1.11 ,.
~ub\fllUt'nl t'nll, or tnlrlt'\ of Il,fdlnltnl b, It'fltItol m., onl_ bt l1ul...lo lUI'" Ifl, t"UI~ tn 1lf'0I IlJUI 1't""'I~.
onI,.rnJ nllh.1 ~U4.hr"OI\ Ill! \ul!tN! III turt" In Itll'i.11'I ~IOl""tMl\
RT OF THIS NOTE.
,et Debtor, hani! ani! seal
UIN' k\I+1P {It l1'I.H~I") \iLN Hi l UVtI
~_L--
"
'11' nil MIS, Unit.. oIh,,_ '1111II 10 monknl b, 0.11Io<.1"" Note..., '" pr.pood ,n _ or.. pall
.1 .n, I,m. "''''''1 ptn.ll, _. ~ Itlt PnI\Clllll oll1ld Note ft .....,.11II.. _1_ .., ""h
lIf.pa'....I' "'.1 '" .pplold 111II10 KClUId "1II"'IoI/lt....... __ .ndlllltlon account olltlt loll
r.fftJlrunl unjUlld PnnclPlI PI,mtnl to become due. .nd lhI numbtr oIlIIWlmtftts due httrundtr ihlM be
cOHnponchnlt, rrducrd No such pttpIymtnb ~II reduce the ,mounts at"" KhtduIId IftIlllmtntl nor
r~ltye Drb!Of lrom p,tY"'I' Khtdutrd I"SlIlImtnl on IICII N"tlllmtnl PI"""" dill unhl.1 PlItlCIPl' due
toltlMI wllh KCtutd u-:ltfnl tMI"" I\Is betn DIld In lul
OISIUISIIIM' Of rlOClIOS, EKl\ o.btor h.rtby 11IIf......1IlIl.."antllD ~ Ih.11tlt Pnlltlpll"
trllS Nole WI. be used ~., lor buWltlS Of CommtfCIM purposa 1M "'"' tILIt In, dlsburstmlnl 01 tht
PtltlC1p.1 ollt.IS Notf. Of .n, portaon t""tol.lo .n, one 01 NtI DtbIon. WI cooduSlvtI, be dttmed to
constllul. dl~bufwment 01 such PnnClpallO .net for Ih, benellt 01 d 01*1
itCH' 10 COI'LElI MOIl: L.nd" ..., .I.n, blllt .ndlrom blllt k klllt. _I not... 10 .n, ObIt...,
III d,te IhlS Nole.s ollh.d,l. ahtn thtlolnlYldtnctdhtr'bywn mid.. &21 COlIIprt,.nybla""PlCft
ICcofdlnllo lh, terms upon which Ltndtr Ill, &r.nted IIIdI klan.lnd 131 aust ltlluanaM' 01 one Of Mt
penons 10 tit Idded nlddlbon.1 Debtors WIItloul In anr-_., .necbnl Of IImltlnl tht tit. Dlltt"llStInl
OblllOn 10 lender
IISCIlLANEOUS, DtblOl .".by...... pr_._oI_ ............._. _..._
,nd dem,"d OtblGl' htreb, .."'" and IlIena a. If'OfI. dtlKb and IftIptrtactlOns In .n, PfOCtlCtlnl
- -,......
_utecI by L.IIII" und"ltlt...ms oIl1ld Note o.lllor 'IIJ"' 10 ,...""'.; L......1or all ..... ..."""n.
...........nd ,......11II.110I..,., ,",oll" lIloI.. ......1 Iou ...n Sl.lIODl oll/lt Iol~ .mounl dill
1lIf._. .....rld by L_" '-lion """I/It ._IIlIl..iorc_llIf... II 1M NoI. ",,,,
1II11f1ll .1. Flit buId on 1I'1".'tftnU Fill _analld by lindt' Of *,' I'. hmt 10 IlIn, IS It'll Pm"'
Rall.BaIlR.".or__...Itlt_IIalt...IttctI...._ID_..lIlbyllltfldll~IlIw"'B.n.
.. _d"""lltlt II..... ftloulld..........1tlt """ .._IlIf... WI b1c_.nldrrt on th. d'"
on wtllCh such ,tltI,nc, rill chanen Of tbll r.1I Rnmt 81"klMOUnctsCN"II' IIIb OI\counl R,lt u
'''11II l/ltf1l!lb.lllll1f11llf1aol~......IIltsNollWl....IllItlt_~..ob.........'.nd
.....' Allropr........... .",._IIlIl.p_b ol OlIItIOI......,. _.......b "'" Noll.... ~nd
ObIt..r'spono..1 ropr....lltrm. ""n..........'.1III ...... ".n, pr...... ..lhft Hott ",..lot .n,
III'" '" /ItIcl1o ",..YIlod or ....iorc..IIII. 1UCiI..-, or _or"'blot! "'.. not .IIKI .n, ......
pr......IlIf.... but "'" Note.... bo _..~ 1UCiI..,* or ..........11II_ ..d n..., botn
cont.llntd tltrtl" The ...molln, (*1 01 OtI.ultor 1M llIIur. of ltndtr III ,."ast ,n, nah' 01' ,.mtdr 10
......d...''''..bIledWlnot~_.o_....,~h..I..Otl.uIIor..l.n...(I''.'' 10
'11I"""'1...., _.... or 11IlltdI1I..... ~ n....1IItl lltIs Noll... """ _fIl lO.nd
Kt.pIId by L.nd" ...nd...."'.._ by Itlt Io..olltlt Common....." """,tr.... ....., ffllml
100 __ .ppbn !/It partin ..... III Itlt 1'''...... .. Itlt 11dII~ .11II .11" .oum 1oc.lfIl ,n
Ptnnsytwalhl 1ft COMICbOn '"" .ny INtiit' .flSlnl blrtllndtr. andudenc tI'tt [oIKbon .ad ,nlorcemenl
-
Security for loan: mortgages filed on properties located at:
R.D. #2, Box 369A, Loysvi11e, PA
and
3796 Silverwood Drive, York, PA
\~~
"'.,.., '" vr t't:NI'l::iYLVANIA
ilecorded this l~unlY ~a~e~?~ul\j"~_ 19 BE'
In the Recorder's Office In And For "ihe Said County
REALESTATE MORT~feFmd Book '19'1 Page I~'I
Ijlven Under My Han~eatlhe D~te.-Ab!lve Ylrillen
INDENTURE, made this 29th day of April, 198/lby and l;l'e~;/l',7n~""
Hal R. Wilson and Karen L. Wilson (MORTGAGORS)
and FARMERS TRUST COMPANY, a Pennsylvania Corporation (MORTGAGEE).
1 \~est High Street. Carlisle . Pennsylvania
MORTGAGORS, on this date. have executed a note by the terms of which MORTGAGORS
have ~ec~me Indebted to MORTGAGEE In the sum of $ 45 000.00 Dollars to be paid.
Including Interest as specified therein, until the entire sum Is'pald ln lUll.
r 1 'I i . ..1
l....I..I... I
.. 'I" ?",
; II I'~."
This mortgage and the leln thereof shall be security for this debt and for any and all loans
that may be made by MORTGAGEE to MORTGAGORS at any future time; provided, however, that
at no lime shall the sum of the unpaid balances of the present debt and all subsequent loans
exceed In the aggregate an unpaid face amount of $ 4",000,00 .
MORTGAGORS covenant and warrant that MORTGAGORS have full fee simple title to the
mortgaged premises hereinafter described. that MORTGAGORS will pay the above mentioned debt
as required by the said note, and any future loans as required; that the buildings on the
premises shall be kept insured against loss by fire for the benefit of MORTGAGEE, In companies
and amounts ~atlsfactory to the MORTGAGEE. with a standard mortgagee clause; and
MORTGAGORS will pay any tax. assessment or other governmental charge. InCluding water and
sewer rents, assessed against or Imposed upon the said premises. and will deliver to
MORTGAGEE receipts therefore immediately upon demand.
Upon nonpayment by MORTGAGORS of any installment on the date when such Installment
shall fall due. the entire balance of the aforesaid debt shall become due and payable, at the
option of MORTGAGEE. as provided in the note.
In the event that MORTGAGEE retains an attorney to Institute an action on the said note or
to foreclose on this Mortgage, then MORTGAGORS shall pay, In addition to the balance due on
the said note. Including lnterest. If any, an attorney's collection fee of 15 percent of the full
amount then due and! costs of suit; and in the event that MORTGAGEE obtains a judgement
against MORTGAGORS in the suit on th.: said note or on this Mortgage, and thereafter issues a
writ of execution or other appropriate writ on said judgement, then MORTGAGORS hereby waive
all rights and benefits under any and all laws or rules of court now or hereafter In effect
grantrng or permitting any exemption or stay of execution against the mortgaged premises or any
other property whatsoever. and any such judgement shall bear Interest at the applicable rate
until the full amount due MORTGAGEE Is actually paid. by the Sheriff or otherwise.
NOW THEREFORE, MORTGAGORS. In consideration of the said debt, and to secure payment
thereof. hereby grant. bargain and sell to MORTGAGEE
ALL THAT CERTAIN tract or parcel of land situate In the County of ._~.
Commonwealth of Pennsylvania, more particularly described In the Deed rec~ce lor
recording of deeds in Deed Book No. 304 page 125
"and otherwise known asn R .0. '##2. Box 3fl9A, Lovsville. PA 17047
~
.
TOGETHER with the buildings, Improvements, rights privileges, hereditaments and
appurtances and the reversions. remainders, rents, Issues and profits tflereof.
TO HAVE AND TO HOLD the said premises unto MORTGAGEE forever.
PRO\'IDED, nevertheless, that If MORTGAGORS shall pay to MORTGAGEE the entire debt as
hereinbefore set forth, then the estate hereby granted shall cease, determine and become void.
IN WITNESS WHEREOF the said MORTGAGORS have hereunlo set hands and seals the day
and year first above written,
Signed. sealed and delivered
in the presence of:
Richard R. Stare
I ~
'( +t!~~l
(SEAL)
(SEAL)
COMMONWEALT:i OF PENNSYLVANIA
COUNTY OF e...llrl\.bt~ __ --SS
un the - .::::Jq day of ~_ . 19~ before me. personally
appeared the above- named \-\c. \ ? \ u : \ c;. 0'1'""\ and \(-.,()...( e a......\,.... . \...0', \ ~(:)Y\
and in due form of law acknowledged the above INDENTURE OF MORTGAGE to be! Ihelr ~Y'\.
free .md voluntary acl and deed. and desired Ihat II be reC~rd~(~~SUC~..\ ~. ' 1
WITNI:SS illY h.II1I1 ,lI1d ~eill Ihe ddY .11111 yeM i1fllres,'id.~t.-;1 _
"NIl ry II I
1 hI' .'~hh~,!\'J. ur It,'" ~ltI,h' 1h1I1Wtt Murlq.".,,., h
I r, I II . ,."
),h' I'. ., J,.,-;, SI,' . EXHIBIT
." t.,. \.; ! J
,'n ll,'h.tlf ", \" '1\ 'l. ", II
.A.IfA UY .n"I. ~OTAIY PO_IC .- - ()
IUIII IOIUClM, CU.1I1W11 coum ~
.Y COMMIIIIO. n..l" Oel 7. IHI
~.., ,...",.._,. .....1111. .. .....Ift
".., 111" I
I 10 ,'t ,.
'~1
'1~'V
.'
MADS &be 27th III, cI April
In &be ,., alneleal hundred and aiahty one
BElWEEN JOSEPH LARRY TROSTLB end JOAN IlAYlBLLB TROSTLB. hie Wife. of Tyrone
TownshiP. Perry County. Pennsylvsnia.
GRANTORS
AND
HAL R, WILSON snd KAREN L. WILSON. his wife. of LendiBbur.. Perry County.
Psnneylvsnis. ss tenents by the sn~ireties.
GIWlTBIl8
WITNESSEllf, nit lD alIIIIcIaatlca cI rORTY BIGHT THOUSAND-
($48.000,00)
lD bud paid, the receipt ..baeoI Is hereby ac1Dowledpl, &be uJd pID_s
IDd CllIn'rJ to the IIId puleu, their heirs snd e..ilns
do
DoIIan,
hereby ..mt
ALLthet certsin trsct of lend situste in the Villele of toyeville, Tyrone Township,
Perry County, Pennsylvania. bounded and described as follows, to witt
BBGINNING at e walnut treel thencs by lends now or formerly of Alice Shull
, and the Reformed Church to lend now or fo~rly of the Newport SherB8ns Velley
"
,
r ltailroed COlIpany, now Loysville resd Cool thence by lend now or for..rly of LoysvUle
Ii
"
II
reed Coapeny, 268 feet Northl thence by e privete roed 191 feet Northeaat of sn
esh treel thence by lands of the Co..unwealth of Pennsylvenie. 300 feet eoutheast
to the Pace of BEGINNING, conteininl one ecre, mre or Ie..,
"
BEING that s..e property grented and conve,ed to the Grentore herein by deed
'I
, of J... T, Brunner. eta UIl., by d.ed deted Auaust 31. 1964 end recorded iD Perry
,I
,I Co\lllty De.d Book 180 at P'le 498.
:1
,
.1
ClWlTING ALSO TO THIl GIWlTBBS. their hairs and e..iana. eD ......Dt ead rilht
'i of wey of inlr.... elrua .ncl re.n.. .. mre specUicelly s.t forth ead mre
"
perticuler1y describ.d in P.rry County Deed look 291 et 'e.. 243.
,
,
C:IIJ,~.t~'.')j: ~tTH ')~ ~l:1f '~"l'~'l.'.t'lt ::
" ,'l..i:-.i.iM~'.H,J,. ~fVt'llJt ~
~!:.::~u '''11'11 (~\ 14 8 O. 0 0 I :
I.,.. ~
'1 11111 =
WIlT PIAA\' SCHOOl D/mlCT ...
A. 0. I, EliI......."9r P.. ...
REAL ES'fATE TRAtlSFER TAlC :;:
~:~~~'~"O'~l" . ..~.....7llf"
':ifi),,~.. , .....
""
EXHIBIT
r!
I
I
.... ...... ,..
dJg~ ~~{~~.................. (IUL)
~. m"~41tN,,~...k(~.. (IUL)
I~~A.. ~.~~-rff:...'"'''''''''''''''''' (IWo)
OSEfH L. TROSTLE
5t~it~~jU.~1tt...."............... . (IWo)
................................................................... (IWo)
I
ij
:1
"
,
:1
"
I.
,i
(IUL)
............................................................................
..................................................................
"'(.-......, , h/
Camnc&T& or Ru , I /'
I ~ catjfy. that the predM ~ 01 the lraa~, I . ''''''{1'/ bada II rollGwll
"'1). L. ,..A .",. / U{.t
Ii ~erl' '//~ I (}.. /1t' 'I'; ,; ".. . .. ..... . .."..... """;"A;;',.. c;;...
j -,=-~~-I~' ~
i'
OIl Ihb, the ~1''''' da,oI April 1981 . befcn _ I Hotar, Public
:I
,
I
i: IlIe IIDdenlP"l4 oI&ccr, ~,.~ Jo..ph Larl'J Tronle Ind JOin Ma,belll Troltle,
I hi. vUe, ./k/I Jo.eph L. Tro.t1e .nd JOIn H, Tro.t1e, hia vife, n.pective1,
': bon III _ (or ucWactoril, JIIO'I!II) III .. .. pcrIClIIlI ..... 1I1lDI' ere .t.rn-I Ia the wlt1aIn
i
:,
,i
laIuuIMIl, Ind acbowlcdged that
_1IIaed.
ueculed the _ rar ,.. purpcIW tbmln
the,
IN WITNESS WHEREOf. I hi.. bemmlll lei 81' hand IIIlI official -.
.~ ./ I'
..........() ,/J.,t....., ........~.L..J..l~w.:...........................
...............................................................................................
S B A L
!I
,
M, ~
.. .....
JUlIY L Zl'DfIS. IlalllY ""'"
Ntwport, rerry CO'II1ty, 't. 1
M., Cl!IIlIIl....... bplfll AuI- If. 'i.~
ii r-~::::..:..~.:,~::............} a.
011 .... the dq 01 19
: ... ........... aIIicer, ~, ........
.... III .. (or .cW-u, ......> III .. ... ....
,_. I, IDd 1Cbow....... ....
N1l1lr~
. Wen ..
..... -
_.A .n I. III die .....
. Ad die _ .. die ..... ........
IN Wl1NESS WHI!RIlOP.1 .... ....11II11I.. _,...... aM
....
..........,.... .......................-.........................................,.....
a., t' .. In .....
,
I
, ED 8K.304
*
PAGE 126
if .",' ,1,;
0lI11a1r, daa ., aI III , Wan -
.
.... IIIlC!cnfancd GIIica, pcnaoaII, 'n-.d
1 bon III _ (. ..dJlCllldI, ..-m). III .. .... pa_ .. .... iubaW lIII t!Ie wllbIa
II
Inauumall, uel Icl.nowJedpd daal aecuted I" _ f. .... ........ Ibcnm
I CGII11Ded.
'I IN WITNESS WHI!J\EOP, I bnw __III III ., Mad IDd ....
................................................................................................
M, Or--' ~".. ..,...
...............................................................................................
'I
i: ..... aI
I:
I'
ji
I ~
'I
} 811
III ,Wan_
.. D~ ...baIbed lIII the wllbIa
aecullld the _ fGr the ........ tbenIa
il
'I
I,
'1
....
..........................................................................................
My ft .. ..,...
..............................................................................................
.,
.')
'"
~
pO ji d ~..
~lr~~
~ I,~ ~ ~ a Mf
m ~ R~ 1~ ~
~ Id ~S 8~~ ~
Ij sa ,Ii 1
~ ~i ~~ I!
j I:;.
g ~.
! i J. i
*8, I'~!
! !!
! I J J
.
o E
4i~li
~~II
~I:,
c-.., Q" ....I.~~~:~G~::....... .. } "I
RIOORDID In .... c-. f/. R ...... aI 0.-. lie.. In IDd fGr .... OauaIy, .. 0.1
... No. ~o~ , ....1).)-
wrrNESS .., HIlMI IIllI aIcIII s.I dlII ntLu, aI r-' ilia (
. ~-C....~;.;..;.~;..;..
..
I&D BK. 304 PAGE 127
301/
''''7
,
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
------
,.
Oltl of Notice Jul vi, 1 8':~
I
.
TO:
1111 R \'Iihcn
ILL~ iJL"I:.)U;.l I:JJ.,;.:'" :';1\'(;.
lIl!.J Cun1:,-'Ll.:r.t., 1',; l",Oi'l:
"1 1 1" m" C.C("
Loan No. u.' - '" I L J . ,- - I
The MORTGAGE held by ;"inar:Clil} 'i'rust ,-(~",'I1Y
(hereinalterwe, usorours\ on your property located at ;<C1I r~;x 1(-.'i-~ , c..::.v!:vill,', ,J,\ Iii ,.;-(',.1.
IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ t14r..;; 1
fOI the months of :.:;.'1 lrl~': ,11:1:<: i~~~' ,and Julv I~S~
and/or because
Late charges and other charges have also accrued to this date in the amount of C. Ll() , The total
amount now r~!luireQ to cure this default, or in other words, get caught up in your payments, as of the date of this
letter, is$ 1fJ)6.d~ .
You may cur~ this default within THIRTY (30) DA YS of the date of this letter, by paying to us the above amount
of $ , ,') j(;. C _ , plus any additional monthly payments and late charge which may fall due during this
period..Ji!Jc~ payment mllst be made !lit.her by cash. cashier's check" certified check or money order, and made at
:Jlu.n...~2.1 1'n:5t cx'mpal1Y ,1 ,":l;t Ii~(,ll Str(;(.t, 'lZm:llEl", PA 1 iC13
- '
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 THI RTY (30\ DAYS, we also intend to instruct our attorneys to start a
lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they
begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred. up to
$50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even
if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage.
If you have not cured the default within the thirty day period and 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 require-
ments under the mortga~i:. It is estimated that the earliest date that such a Sheriff's sale could be held would be
approximately Dec. 1 'J J~ . A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what
the required payment will be by calling us at the following number: 24j-3212 . This payment must bein cash,
cashier's check, certified check or money order and made payable to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain
in it. I f you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you,
You have additional rrghts to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE
PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL
ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS. CHARGES AND
ATTORNEY'S FEES AND COSTS ARE PA HE SALE. AND THAT THE OTHER REQUIRE-
MENTS UNDER THE MORTGAGE ARE EXHIBIT US TO DETERMINE UNDER WHAT CIRCUM.
STANCES THIS RIGHT MIGHT EXIST. I TO HAVE THIS DEFAULT CURED BY ANY
THIRD PARTY ACTING ON YOUR BE ) RIGHT TO ASSERT IN THE FORECLOSURE
PROCEEDINGS THE NON.EXISTENCE I . NY OTHER DEFENSE YOU MAY HAVE TO
ACCELERATION OR FORECLOSURE.
If VOIl Cl/re the default, the mortgage will be restored to the same position as if no default had OCClIrred. However,
you are not entitled to this right to cure your default more than three tomes In any calendar yeer.
. I
_~L._: : .~~ .
. ,
, fl
- - .-. ~
Hy
~.,
Nd 11o'~ ,", H~ .....,
,"
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
TO: "i\rr,n L. ;ji1:;o;; Dlle of Notice .Jill '! I, 1 r'G':
no:) ~r:':~ :c~_:,
I.4;'.'!-V1Jl.,., PI, l",;O'.i'-C(l~~; Loan No.r..:.: ~-1r.1fI~;(j-;-9r.Ci
The MORTGAGE held by FlI':m:cial 'l'lU.:;t CrJmar.\'
(hereinafter we, us or ours) on your property located at ,ill~ lJc<< 369-,\, w'":;vlll,,, i'" l'il:~ i -"C 1.:
IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ (i';~. ,:1
forthe months of 'li,:' t~,c.c. ,1\'r.,. 1 (,C.< ,and ,;"ly lC("
and/or because
Late charges and other charges have also accrued to this date in the amount of U.l;U . 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 $ t ,Y3h. t;
You may cure this default within THIRTY (3D) DA YS of the date of this letter, by paying to us the above amount
of $ I, ,', ;L. 1':; , plus any additional monthly payments and late charge which may fall due during this
period. Such p!lyment must be made either by cash, cashier's check, certified check or money order, and made at
..'J.:l;;r.,:13J. ~rust: c:cr..:.mv .
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 payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they
begin legal proceedings against you. you will still have to pay the reasonable attorney's fees, actually incurred, up to
$50.00. However. if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even
if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage,
If you have not cured the default within the thirty day period and 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 require.
ments under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be
approximately 0043--]11'::1 . A notice of the date of the Sheriff sale will be sant 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: 24;-3:0 12 . This payment must be in cash,
cashier's check. certified check or money order and made payable to us at the address stated above.
You shou Id realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain
in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you.
You have additional rl'ghts 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 PAl E SALE. AND THAT THE OTHER REQUIRE.
MENTS UNDER THE MORTGAGE ARE S EXHIBIT S TO DETERMINE UNDER WHAT CIRCUM.
STANCES THIS RIGHT MIGHT EXIST. Y I 0 HAVE THIS DEFAULT CURED BY ANY
THIRD PARTY ACTING ON YOUR BEH / IGHT TO ASSERT IN THE FORECLOSURE
PROCEEDINGS THE NON.EXISTENCE Y OTHER DEFENSE YOU MAY HAVE TO
ACCELERATION OR FORECLOSURE.
If YOll ClIft! the default. the mortgage will be restored to the same position as if no default had occurred. However,
you are 1101 ent,tled 10 thIS fight 10 cure your default more Ihan three lime'-i~ any CflendarJear.
\ . )
~J '~.'_ _.
......
".1 .........
Bv
r ~" ,. ,_.
ACTSI NOTICE
TAKI ACnaN TO SAYI YOUR HOMI FROM FORECLOSURE
Tho CommOn..."allh 01 P,nnlylvlml'l Homeowner,' Emergency Mortgag.Aslllllnce Program may be .bllla help you. Read the follOWing nollCl to rind out how thl program
work.
II you neld mOfI Inform.llon call1h, Plnnlylvlnll Houllng FlRanee Ag.ncy II 1 (800) 342.2391
La nohllc8cIOn en ."Junla II d. luml'tnpOnlnc'I, pull altela au derechO I conlinua, vlv'lndO en au ca... 51 no COmpf.nde .. conllnKkJ dl..11 nollflClCKX1 obllngl una
Ir80UCClOn ImmedI8,amenl.lllmanda ilia IgonCII(Pannsylvama Houllng Flnane.AgencY)SI" CD'go, 8' numBro meoclon.do .mb. Pued.. I.' eleglble pll' un p'lIlamo
pOt 01 programa lIamado .Hom.o~n.'.' Emelg.ncy Mortaao_ ASllalance Program-.. CUll puede 1,lv.fIU ClII d,I8 perdldl cJel derecho. r~mlr au hlpotecl.
ACT III NOTICE
IMPORTANT: NOTICE OF HOMIOWNIRS'IMIRGINCV MORTGAGE ASIISTANCE PROGRAM.
PLEASE RIAD THIS NOTICE.
YOU MAV BE ELIGIBLE FGR FINANCIAL ASSISTANCE WHICH CAN SAYE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAVMENTS
RE: Accounl No
Tn l_1nlhQC~_Qnnl
Datt: J"l~' ':O' , tjQ~
TO: KArr-I"' r. loJ; 1 r.rn M'.' nn.... '~n_'\
FROM: Pi n:ln"i ~ 1 j'",c:t- rr~-.:tni' ' hl,-=c.'f-
T"1oe,,;1'.q. D1\ '.'11(17 ?G14
I..:' n~' l:.:t-..r:-n+- ,....:\ r' ; f 1,~ ~ R'\ 1701';;
-' -
You mar bl eligible for IInanclll '''.I18"CI th., will pre".nt rorecloaure on your monglg. II you comply with the provlllonl or Ihe Homaown.r" Em.,g.ncy
MOrlg.gt A..lttonet ACI 01'1I31'ht "Ac\1. You m.y bt tllglbltlo, tmttgtney ttmpo,." ...lltonet" you, dtl,ulI h.. bun ..u.... by elrcum...nc.. b.yond
your control, you hive I ,...onlb . pro.pect of ....urnlng your mortgage ptymtntl, and If you mH' othar tUglblllly requirement. .ltabUahed by Ihl ',nnlylvlnll
Houllng Fln.nc. Agtney. Pl.... ...d.1I ollhll NOllet.11 cont.ln..n ..pltntllon 01 you, rtghto.
Under the Ac!. you Ir. entllled 10 . temporary 1.ly 01 foreclo'ure on your mortgage tor thu1y (30) day. 'rom In, dall of Ihl. NotICe. DUring thalllfnl you mull .rrange and
sllend 8 .'ace-lo.fac,- mUllng with. 'epre.tolallye 01 Ihls'ender. or Wllh. delignaled consumer credil counseling agency. The purpose O. Ihll meellng IS to InempllO work
out a repaymenl plan. or 10 othtfWtse little your dehnquency. Thll meellng mUll occur in Ihl ne.llhirty (30) days.
n you allend a lace-lo-Ilce meeltng W1lh Ihls lender. or Wllh a conlumer credll counseling agency Identified In Ihls nollce, no 'urther pt'ocaedlng In mortgage lOlectosur. may
lake place for thirty (30) day. atter tne dale ollhl' meeting.
The name, addres. and ."&phone number or our representative is:
Joy D. Traye:r
1 West Hioh St~eet
C3rlisle, eA 17013
relephone Number: 24 ~- 321~
The namel'), addr..sl"', and phone number. of (I) dlllgnalld consumer credll counseling agency(lel) IS (are):
i'la5
301 G Street
Carlisle, PA17013
illS only necessary to schldute one fac.lo-tace meellOg. You Ihould leMU Ihlslender immedlllety 01 your IOlenllonl.
Your mongage IS In d.,auf ~Y:.~' havel.illd to pay plOmplly InSI.Umentl 01 pnnctpal and Int.rest.l, requited, lor I penOd ollllelslllley (801 day.. Thetolallmount
ollht d4ll/,lquency.. S ' . . Tl1at.l~m 'ncilldll,lhe tOIlOl!"!'lI'
ir,nle pa'/lrents ot :;;6,,':>.61 tor c.le llDrl~ns 0111ay lY9~, June 1995., ana Julv l'J95.
Your mortgage IS also In del.ufllor Ihe loUowlng rellOOl:
II you have tried and Ire unatM, to resotve thiS problem al or IUer your 'ace-to-lacl meeting. you have Ih, fight 10 apply tor hnanel" Ullllanc. (rom Ih. Homeowner,'
Emergency Mortgage AUlsllnee Fund_ In order 10 do 1M, you mUll Ila out Ilgn and 1111 a competed Homeownerl' emergency AIIlllancl ApphClhon wllh one A. Ihe
deSIgnated consumer credll counlellng .genel" ~1I1d In Ihe allachmant, An apphcahon lor l"IIlance may Only be obIllt1ed .rom . conlUm'r credll counlelmg agency The
consumer credll counslllng agency will 111111 you to IlnlOO oul your apphcahon and wllIsubnut yout compteled Ippllcatlon 10 lhe PIMlylYln11 Houllng Finlnc.AOIney. Your
Ipphcahon musl be hied Of poltm.lrked, wllhln Ihlrty (30) day. 01 your lace.lo-lace me.llng
It J' (ulreme1v Imporr,or fha' rou file your appIlca"on plOmpl'r " yOu dO nol do $0. or " you do nOl IoIlow 1ft, Olner 'IIn, penods I" tanlt In lit,. "".r, torec/~ure may plOCfe(J
Itgamst )'OUr home ImmedIately
......a,labte luruJ, lot emergency mortgage aSSlslance Ife very limlll<J They Will be dlSburled by the Agency under the ehgoltly enllr.. estlblllhed by lhe Act
II l~ e_118mtlly Important Ihal your applicatIon be accu'lle end COmpl"elfl ev.ry raspecl The Pennlylvanll HOUIIOQ Flnane.Agency hll Illly (&01 dly.IO make I deCISion
aller II fecel...e, your apphcllion DUling 'hat 8Odrhonal IIml. no foreclosufe proceedrngl Will be purlUld agllnst you If you nave mellne bme rlqUtremenll III tOfth above 'YOu
.,..11 be Ilollhed dlf8Clly by thai Agenc.,. at III OlelSI
The P,mn,y!v8ma HOUSing FlOlnce Aglncy illocll
1-600.342-2391 (lolllr'l number) Persons wllh I
In aadllloll you may 11tCe.y-e another notiCe horn thll I
Ihey OOIr'i e_plaln FIghts Thl' you now have under P
wr'itle you ilfO lece1vltlg lhat eStlllanee
EXHIBIT
nrc. Bo& 8028. Harlllburg. P.nnIY'Y.fMI 11105 Telephone No (71n 180-3100 or
97
/.
· II called lhe -Nollee ollnt,nhon to FOfKlOlur.' You mull flld belh notlcel. Ilnce
II TO tit.rel', ~our flghlS described '" Ihls nottCe. you Clnnot be lorectoHd upon
HEMA ROil ~'8/94
vr'""""'~'" - -- p
, J. ( \~
.... ~ \.' . ..
--- U Jjl IY' _ 'j. . tlr L~.~
,.', .
. t=r.",
"'-~' ...... -... - ~.~~..- ~,._.-- ~-_........ ~..... --"~ ..-..,
,_.., ....... ..._ ... '"..." ~~. ~_,.. M ........ -,-....-..- --.......
.......-,.---.........--..--'....-.......-....-'---- ,.
-_."..,_.~-~-,~".~~--~..~-,~_..._"-"---_...... ..'
.pphcaHon IOU" be I"ad or po..m.,..d. ",Ihln Ih,rty (30) d.y. 01 your .ace-IO.lac. m.eung.
""....-.-.~~,~..__.- .~.~... ..,~.~-~---~_.~_. ---......
agBlnst your nome rmmEK1lafely.
A,a"ab'. lund' lor .m.'g.ncy mortg.ge ...,..anc. .f. very I,mllad Th.y ",II be dlst>u"ed by ,h. Agency u_""- eIlQ""tv c"'.... ...ebhshod by 'hO Acl
"".""..",_....~,., _..-.-...-.....~'- ,.-,,""-'--_.'~' "'.......-.-..
""., .."...""..",- .,~.._-,....,._._~.".~..._,.,~~._.._-_..,.._. ...
~1\llJU nolllled dIrectly bv 1hal Agency 01 lIS decl,.on on VOul appllcallon
""...."".._~ ._.....,........".. _._....~,_k.- ...'- -,... ",. .-- .", ,..-.
'800.342,397 (IOU ".. number I P.rsons ",m' .2397
.._....."...-.....' _",~, EXHIBIT .....--.-..,.-....-. ..---~....,-
..,'" .."" ,..".. '-'''~' - "'-" ...".. ,,, ".'" ...'_... -. ,- -. ,...".-
.....hol" yUU ale rec:ellJ1ng ,na1 assistance
ACT III NOTICE
TAKI ACTION TO SAVE YOUR HOMI FROM FORECLOSURI
,. --"', .-...... .--" ,,,,,,,,"'-""- ".......,.~."... ,. ....... ,,~~ ~~" ..~...~.~~
""''''..
II you n.ed mOl' ,nlorm."OI1 call 'h. p.nn.Ylv.n" Hou.,ng Flnanc. Ag.ncy .. I (800) 342.23Q7 .
"...~~......~...._,.....~"....~..._,..~-"'........~_._..,,~'_.-..
,-,--,._..".-...~'''...._".~....... ""-,_.._,,-'"_.,_......,,~
..".........-.-.............-.."--.. .---. .."..~...-~,~-,,~...........
ACT 111 NOTICE
.MPORTANT: HOTlCE OF HOMEOWNIRS' EMIRGENCY MORTGAGE AIIISTANCI PROGRAM.
PLEAIE IIEAD THIS NOTICE.
yoU MAY II ELlGIILE FOR FINANCIALAlIIITANCE WHICH CAN lAVe
YOUR HOME FIIOM FOIIECLOIURE AND HELP YOU MAKE FUTURE IrIORTGAOI PAYMENTS
'_1016997..900' July /, ,.,95
01":
RE; Account No.:
ill
17070
"10 only nat....ry 10 schedule one tate-.a-',C. me."ng. You snoukl.clv".,hi.Ia-' immodlal.ly 01 you, ,n.en..,n..
~,_..."'-,~Il'l-...."..--,.......-...--".....,._."'.,- ~.~~.,
Ollh,de"nQU.nj;:t.!PS_' . ~ .T~'lSum'ncluda'lh..lP.lIoll,ng: .
mrc:<: !J<'}m:n= U~ :;'0<;:>.01 1:01. t:lle lr~r.t.I1S OJ: Nay 1-;'1:>, June ,q<J5, ana Jul 1995.
YOUI mortgage II alia In delaul1 tOf \118 tollO"'lng flBSonS:
,
V'!!1 uuly you".
_ - (-... ...J
\,I.\\jd2(tl ,Y~--
HiMA-IlI'" .' ~q"
~ ,
SHERIFF':,; Hf:TURIl
CASE NO: 1995-04982 P
COMMONwEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
oJUT 1)1' ,'iJurlT',
FARMERS TRUST COMPANY
VS.
HAL R WILSON ET AL
R. Thomas Kl1ne
, Sher1ff. who belng duly ;-;Vf)rrl ;.lccord.l.nq
to la", says, that hE' made 'I dlllg~'nt ".,arch ,3nd lnqlJlri' for the "1 thln
n'lml?d defendant, to "1 t: WIl.SON KAREN L
but "as unable to locate
deput1~ed the sherlff of
Her
ln hlS balll"lck.
He t. herlio.' fore
PERRY
County. Pennsyl'/anla.
to serve the "lthln COMPLAINT - MORT FORE
On S~J'.temb~_;;9th,
1995
thIS offl~e w~c In receipt of
the aU.ached return frc,m ____PERB1________' C:'c,unty. Pennsylvanla.
Sherlff's Costs:
Docketlnq
Out of County
Sux-charae
perry county
So answers:,' //
~-C~~~~7:fT .----
b.\2li21
'J.0121
::.i/li/l
26.00
5-0:-0'0 WILLIAM ['UNCAN
09 / ~<:'-1/1 ":-1'j~,
Sworn ~nd subscribed ~Q befor~ mp
t h 1 S /oJ ~ day ,'f ,LOt~_.n_.__
1'" h' A. C'.
\-1:",:" LL~~I ~ ~
--R t'r"'..fl,lnOl.'.r-,
,
or'" ,....,... ..- .....~........,~ ....1.,'......."1 p-...r:"'yl"....-l.-
..........._.,,:. ._...... ............" I I ;..... ..... "-4
In ihe Court ci C~mmo~ ?!e::s
Farmers Trust company
'IS.
Karen L. Wilson
" 95-4982 Civil Term.
.~o.
':I
----t .---
~OW,
Sept. 20. 1995
:9_ !. S:~~: 0: C:;)G::::?..!...A."ID COt.;{':'''!, ?A-. co
~ c.::u= t!:: !c.:dJ oi
Perry
CJu:.ry :0 ::::::'".It: .~.~ ',V==.:,
... .' . .' . ... ':)1"-
:::s =?u::.:cn ==:1t -"'..- :u == ._~.:::t :.:a. :-~ at == . ~:.:r.
/ d
",
1/~{~
Sl1e..~ :It C~u'..u:d C~u::n'. ;>3.
",
Affidavit or
- ,
:::e:--n~
~OW,
September 21
~2 QS
5:05
o":!ca . p
~t !::,.-d.
..
I --
. ..,
== wt-.-"
rnmpl~;n~ in Mnr~q~Q~ Fnr~closure
O.1pcl1 K;qyp-n TA A wi l~nn
~t R.n. 2 Rnx 36Q. Tvrnne Township. LOVsvi11e. PerFv County, PA
:y ~~ ~ Gabri~l Rzilv~Rzter. bovfriend. adult in charqe
..
true and attested
c:-::py ci = :l:'~ '_~I Comp. in Mtq, Forec 105.
me -~":. i:::owu :0
h;m
== .::~t=:S
. .
:.::.--::t.
So :a::.sw=.
eo ,',..L
CD_IT, ?,."
Deputy
Shci:i af
Perry
5wot: me T:bed bdl;ft:
:=:.:::s ~J ay ~ ..JfiI...I1.l.....
CCSTS
:i.c..'\'Y"'IC!.
~m..::.-\G c.
.-\.:':IDA .y.....
oS
,o't~
.--
.....---.
s
r_-"-'-"
...
...
SIiERlfT",; f<ETUEII
hU,ULAE
CASE NO: 1995-04982 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY Or CUMBERLAND
FARMERS TRUST COMPANY
VS.
HAL R WILSON ET AL
TIMOTHY REITZ
_~___, ShPftff (If ['ep'Jty ShC-l"Jfl .:-,1
CUMBERLANP County, Pennsyl\'anFl. "ho belng dull' ""c-rn ;Jcc:ordln,l
to la". says, the "lthln C;-OMP1,_AINT _::. MORT.IORL_____.__ "'Ie, ,erve.J
upon WILSON HAL R
t. h.~..
defendant, at
183G: 00 HOURS.
'.1[1 t h'? :7th d-1i' of ~5r_t.:..~_fI1tl?r+_.__
1995 at
1025 DREXEL HILLS BLVr
NEW CUMBERLANP, PA 17070
County. Pennsylvanla. by handlng 1.0 tlAL-B"... WILSON
a true and attested C0PY of the COMPLAI~T' MORT FORE
. CUMBERLAN['
and at the same tlme dlrectlng Hl::: att.entlon to the cont'?nt.s there'=-,l.
Sherl.ff's ('JEtS:
[lQCk'?~lna
SerV1CJ? ~
Afflda\'l'
Surchar-ge
16.00
9.S:
. l~i<'
S.0()
s~ ?~~~~.~~
":-'T}i~)m~'.:'-n1iii;:;''CEer''rrr ----.,.. -'.,-.-.'
~:g;_'j:'nw I LLI AM ["JII;- AN
~(_l,l ~-:r:.:J / 1 ':-4~:.j:':, '
r/~;*,:~;~ ,(In" ~~r' 'f ~'
,,'t lut)' _-~ l?r \ /---
to'
Sworn nr\d RubsCflbpd tl~ bet .t'~ mp
IhlF
d.."cl
14
A. l'.
T""'I ."1'l1i-.'L,,';'_+~i^T ';
,
~
FARMERS TRUST COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
HAL R. WILSON and KAREN L.
WILSON,
1995-4982 CIVIL
Defendant
IN MORTGAGE FORECLOSURE
ANSWER OF DEFENDANT KAREN L. WILSON
1. Admitted.
2. Admitted.
3. Admitted.
4 .
Denied.
Defendant, Karen L. Wilson, is without
sufficient knowledge or information to form a belief as to the
truth of the averments set forth in Paragraph 4, and they are
therefore, denied.
5. Denied. It is denied that Hal R. Wilson and Karen L.
Wilson are the sole record owners in fee simple of the said
premises subject to the said mortgage.
It is denied that
ownership is by virtue of the deed referenced.
It is stated,
rather, that Defendant Karen L. Wilson is the sole owner of the
subject premises by deed dated May 18, 1995 and recorded in the
Office of the Recorder of Deeds in and for Perry County in Record
Book 0881, Page 031, a copy of said deed being attached hereto
and incorporated herein by reference as Exhibit "A".
6. Denied. Defendant Karen L. Wilson is without sufficient
knowledge or information to form a belief as to the truth of the
averments set forth in Paragraph 6, and they are, therefore,
denied.
It is further stated, however, that the parties are
1
.
.
subject to a separation and property settlement Agreement dated
June 30, 1995, a copy of which is attached hereto and
incorporated herein by reference as Exhibit "B"; said Agreement
providing that within thirty (30) days of that Agreement, Husband
therein, (Defendant Hal R. wilson herein) shall refinance the
obligation at issue in this litigation in order to remove it as a
lien and encumbrance against the parties' then jointlY held real
estate. It is further stated that the aforesaid Agreement
provides that in the event Defendant Hal R. Wilson is unable to
refinance that debt, he shall, on a semi-annual basis, apply for
refinancing for the purpose of paying the Note in full or
refinancing the Note in a fashion so as to remove it as an
encumbrance against the aforementioned real estate. It is
further stated that the aforesaid Agreement provides that
Defendant Hal R. wilson shall be solely and exclusive responsible
for repayment of this debt and shall indemnify Wife and hold her
harmless from and against any and all collection activity on
account of the aforesaid debt, including, but not limited to,
demands for payment or litigation of any nature. It is stated
that Defendant Karen L. Wilson has a right of set off against
Defendant Hal R. Wilson for any and all costs associated with
these proceedings and any and all payments that she may incur on
account of the debt that is at issue herein.
7. Admitted.
8. Admitted.
2
9. Denied. Defendant Karen L. Wilson is without sufficient
knowledge or information to form a belief as to the truth of the
averments set forth in paragraph 9, and they are, therefore,
denied. It is further stated that Defendant Karen L. wilson has
a right in this action to set off any claim against her, against
Defendant Hal R. wilson as per the averments in paragraph 6
above.
10. Denied. It is denied that Defendant Karen L. Wilson is
liable to the plaintiff for the amounts claimed. It is further
averred that the plaintiff has a right to a set off against
Defendant Hal R. Wilson for any and all claims or debts that
might be made by the plaintiff herein, as per the terms of the
separation Agreement between Defendant Karen L. wilson and Hal R.
wilson.
WHEREFORE, petitioner requests your Honorable court to
dismiss plaintiff's complaint or in the alternative to enter
judgment solely against the Defendant Hal R. Wilson.
Respectfully submitted,
GRIFFIE & ASSOCIATES
Attorneys for Defendant
Karen L. Wilson
riffie, Esquire
Hanover street
3
"
"
.~
HIS DEED
111
Made this _I ~ day of tn_.q Y
, 1995,
BETWEEN, DL R. WZL8011 aDd ltARBlI L. WZL801l, husbaDd aDd wife, of
Perry County, Pennsylvania, hereinafter Grantors,
A
N
D
Dl/- L. DUOII, a .inqle womaD, of Loysville, Perry 'County,
Pennsylvania, hereinafter Grantee,
WITNESSETH
That in consideration of ONE AND XX/IOO ($1.00) DOLLAR, in
hand paid, the receipt of which is hereby acknowledged, the said
Grantor. do hereby grant and convey to the said Grantee, her
heirs and assigns,
situate in the Village of
County, pennsylvania, bounded
ALL THAT CERTAIN tract of land
Loysville, Tyrone Township, Perry
and described as follows, to wit:
BEGINNING at a walnut tree: thence by lands now
Alice Shull and the Reforaed Church to land now
Newport Sheraans Valley Railroad company, now
Company: thence by land now or foraerly of
Company, 268 feet North: thence by a private
Northeast of an ash tree: thence by lands of the
Pennsylvania, 300 feet southeast to the Place of
or foraerly of
or foraerly of
Loysville Feed
Loysville Feed
road 191 feet
commonwealth of
BEGINNING.
CONTAINING one acre, more or less.
BEING the same premises that Joseph Larry Trostle and Joan
Maybelle Trostle, husband and wife, by their deed dated the 27th
day of April, 1981, and recorded in the Office of the Recorder of
Deeds, in and for Perry County, Pennsylvania, in Deed Book 304,
Page 125.
GRANTING ALSO TO THE GRANTEES, their heirs and assigns, an
easement and right of way of ingress, egress and regress as more
specifically set forth and more particularly described in Perry
county oeed Book 291, at Page 243.
:_J.~~1LI.J;~1l
_ EXHIBIT "A" -
. -
-,
.'
,
"
.
This is a conveyance between husband and wife, and therefore is
exempt from realty transfer taxes.
TOGETHER with all the buildings, improvements, ways,
streets, alleys, passages, waters, water-courses, rights,
libertie., privileges, herediments, and appurtenances whatsoever,
thereunto belonging or in any way appertaining and the
reversions, the remainders, rents, issues and profits thereof,
and all the estate, right, title, interest, property, claim, and
remand whatsoever of the said Grantors, in law, equity, or
otherwise howsoever, of, in, to, or out of the same.
And the said Grantors hereby covenant and agree that they will
warrant specially the property hereby conveyed.
IN
and
(SEAL)
WHEREOF, the Grantors ha
. day and year above vr t
set their hands
...
~<< ;~Ln_
~,~,k'~~'
KAREN L. WILSON
(SEAL)
COMMONWEALTH OF PENNSYLVANIA:
: ss.
COUNTY OF Y.r Ie.
.
.
On this, the '10 day of 'J"....e , 1995, before .e,
the undersigned officer, personally appeared HAL R. WILSON, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
-..-:z. ~ ~
I ,;or ~nt'~ ~UL '
I 711C~'~S 0, J~c...~~'.'MI_"o:..V Publlo I
i \'I~.T'.:ArtC"<'''T~'l TWP., V.._Coulll,
'.:" ,,:....... -,. .... '~...., "l.!\ AI"I", :',1"7
"'~"'1 032
l: ~'. Uu~ P.~{ .
. .
, .
"
,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF Cu.m..lurto.'''''-.
: SSe
.
.
On this, the JI7t!i day of ml1,JJ. , 1995, before me,
the undersigned o~, personally appeared KAREN L. WILSON,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknowledged
that she executed the same for the purposes therein contain~~::., . ;
~".I:.wili.:.:. ..
.' :"'(".-..0 I.,"
IN WITNESS WHEREOF, I have hereunto set my hand an,.~~~~;~\~,;
seal. $ ~ ",~:-"\"'h", .;. ~
'$ ......;...~~\'C.:-...\.\.. '.4~:'
.. J ~ '~4>'''-'.' "'P., :;,
o. ~t: : ,', .. '~::'$~::s:l;: .
'. 0' J OIl ~ ~ '.." :".-:"
:~ ..... c,:"u;
- ", cf. , ... .'. 'i'? ::
," DO. ..,~..t,;,'''.......::
. ~ .~....::::~....,~, ..........
residence 'and ~~~~t.~~>
is ""'t'"H'I:~'''
tbIIIII Sell
Ral*I J. GoII!am. ~ NlIo
c.-1IaIv. ~1iI Coldv
MyConv' 'I~ ExpneApt '7,'"
I do hereby certify that the precise
Post Office address of the within Grantee
I. .0, ~ , 1!l0l( 369") ~75.'" II~,""'" '"'70'17
.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PERRY
: SSe
.
.
RECORDED this -' '1~
Recorder's Offi~,Of the said
, Page .
GIVEN under
above written.
my hand
day of O~_ , ],U5, in the
county,~gk.;~, "01"--
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in the seal of ~:,..,6!~ie;'~th,e date
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l~J~O~S! '~~EO;J3
SEPARATION
AND PROPERTY SETTLEMENT AGREEMENT
made this 3b1h day of J.. ("'\ c.....
, 1995, by
THIS AGREEMENT,
and between Karen L. Wilson, of' R. D. 2, Box 369A, Loysville,
Perry County, Pennsylvania, party of the first part, hereinafter
referred to as "Wife",
AND
Hal R. wilson, of 1025 Drexel Hills Boulevard, New
cumberland, cumberland county, Pennsylvania, party of the second
part, hereinafter referred to as "Husband",
WITNESSETH:
WHEREAS, Husband and Wife were married on May 19, 1979, in
Lake Tahoe, Nevada: and
WHEREAS, Husband and Wife are residents of the Commonwealth
of Pennsylvania and have been so for at least the past six
months:
WHEREAS, certain differences have arisen between the parties
hereto which have made them desirous of living separate and apart
from one another: and
WHEREAS, Husband and Wife desire to settle and deteraine
certain of their marital rights and obligations, and make an
equitable distribution of their marital property, determine their
rights to alimony and support and any other matters which may be
considered under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement
to set forth the respective rights and duties of the parties
while they continue to live apart from each other and to settle
all financial and property rights between them; and
- EXHIBIT "B" -
1
WHEREAS, the parties hereto have mutually entered into an
agreement for the division of their jointly owned assets, the
provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full
and ample opportunity to consult with attorneys of their
respective choice, and the parties now wish to have that
agreement reduced to writing.
NOW, THEREFORE, the parties hereto in consideration of the
mutually made and to be kept promises set forth hereinafter and
for other good and valuable consideration, and intending to be
legally bound and to legally bind their heirs, successors,
assigns, and personal representatives, do hereby covenant,
promise and agree as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and wife at all times
hereafter to live separate and apart from each other and to
reside from time to time at such place or places as they shall
respectively deem fit free from any control, restraint, or
interference, direct or indirect, by each other. Neither party
shall molest the other or compel or endeavor to compel the other
to cohabit or dwell with him or her by any legal or other
proceedings. The foregoing provisions shall not be taken to be
an admission on the part of either Husband or Wife of the
lawfulness of the causes leading to them living separate and
apart.
2
ARTICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce.
It is
specifically understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any
agreement for institution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce: provided,
however, that nothing contained in this Agreement shall prevent
or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or actions for divorce,
either absolute or otherwise, upon just, legal and proper
grounds: nor to prevent either party from defending any such
action which has been, may, or shall be instituted by the other
party, or from making any just or proper defense thereto. It is
warranted, covenanted, and repre~ented by Husband and Wife, each
to the other, that this Agreement is lawful and enforceable and
this warranty, covenant, and representation is made for the
specific purpose of inducing Husband and Wife to execute the
Agreement.
Husband and wife each knowingly and understandingly
hereby waive any and all possible claims that this Agreement is,
for any reason, illegal, or for any reason whatsoever of public
policy, unenforceable in whole or in part. Husband and wife do
3
each hereby warrant, covenant and agree that, in any possible
event, he and she are and shall forever be estopped from
asserting any illegality or unenforceability as to all or any
part of this Agreement.
2.2
It is further specifically understood and agreed that the
provision of this Agreement relating to the equitable
distribution of property of the parties are accepted by each
party as a final settlement for all purposes whatsoever. Should
either of the parties obtain a decree, judg1llent or order of
separation or divorce in any other state, country, or
jurisdiction, each of the parties to this Agreement hereby
consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and
divorce: and that nothing in any such decree, judgment, order of
further modification or revision thereof shall alter, amend or
vary any term of this Agreement, whether or not either or both of
the part ies should remarry, it be inq understood by and between
the parties that this Agreement shall survive and shall not be
merged into any decree, judgment or order of divorce or
separation.
2.3
It is specifically agreed that a copy of this Agreement may
be incorporated by reference into any divorce judg1llent or decree
if or whenever sought by either of the parties hereto. Such
4
, .
incorporation, however, shall not be regarded as a merger, it
being the intent of the parties to perait this Agreement to
survive any such judgment or decree.
ARTICLE III
EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property
in a manner which conforas to the criteria set forth in the
Pennsylvania Divorce Code, and taking into account the fOllowing
considerations: the length of the marriage: the prior marriages
of the parties: the age, health, station, amount and sources of
income, vocational skills, employability: estate, liabilities,
and needs for each of the parties: the contribution of one party
to the education, training or increased earning power to the
other party: the opportunity of each party for future acquisition
of capital assets and income: the sources of income of both
parties, including but not limited to medical, retirement,
insurance or other benefits: the contribution of dissipation of
each party in the acquisition, preservation, depreciation, or
appreciation of marital property, including the contribution of a
party as a homemaker: the value of the property set apart to each
party: the standard of living of the parties established during
their marriage: the economic circumstances of each party,
including federal, state and local tax ramifications, at the time
of the division of the property is to become effective: and
whether the parties will be serving as the custodian of any
dependent minor children.
5
, ,
3.2
The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of assets
and the division is being effected without the introduction of
outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
3.3
Personal PrODertv. The parties acknowledge that at the time
of execution of this Agreement, they have divided their personal
property to their mutual satisfaction. The parties further
acknowledge that they have the personal property in their
possession that they wish to have and neither will make any claim
whatsoever against the other party for any other items of
personal property in that other party's possession.
3.4
Life Insurance. Each party agrees that the other party
shall have sole ownership of any life insurance policies owned by
the other party. Each party shall have the right to borrow
against, cash in policies, change beneficiaries, and exercise any
other incidents of ownership of the respective policies free of
any right or claim by the other party. Each party agrees to sign
any documents necessary to waive, relinquish or transfer any
rights in such policies to the respective party who presently
owns such policies.
6
3.5
Subseauentl v Acauired Procertv. Husband and Wife agree to
waive and relinquish any and all right that he or she may now
have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and
Wife specifically agree to waive and relinquish any right in such
property that may arise as a result of the marriage relationship.
3.6
Real Estate. The parties are the joint owners of real
estate located at R.D. 2, Box 369A, Loysville, Perry County,
pennsylvania, currently held as tenants by the entireties.
Husband will, within FIFTEEN (15) days of execution of this
Agreement, execute a general warranty, fee simple deed conveying
all of his right, title and interest in the said real estate to
Wife. The deed will be prepared by wife's legal counsel and
forwarded to Husband for his execution. He shall execute the
document and secure an appropriate witness and notarization of
his signature on the deed. The deed will then be returned by
Husband to Wife's legal counsel.
Wife agrees to assume sole and exclusive responsibility for
repayment of the parties' first mortgage due and owing to Farmers
Trust Company, Carlisle, Cumberland County, Pennsylvania. Wife
will maintain payments on the aforesaid count in a current
status. Wife will indemnify Husband and hold him harmless from
7
and against any and all collection activity on account of the
aforesaid mortgage and shall save Husband from any and all
collection activity of any nature whatsoever, including demands
for payment or litigation.
The parties further acknowledge as hereinafter described in
more detail, that there is an outstanding Note or personal
obligation due and owing to Farmers Trust Company, the funds of
which were used for purposes of operating Husband's business
known as Wilson Travel, Inc., operating as Travel Agents
International. That personal obligation is also an encumbrance
against the parties' jointly held real estate. Within THIRTY
(30) days of execution of this Agreement, Husband shall file the
necessary documentation to refinance that obligation to remove it
as a lien and encumbrance against the parties' jointly owned
Loysville real estate. In the event Husband is unable to
refinance that debt as provided for herein, he shall, on a semi-
annual basis, apply for refinancing for purposes of attempting to
pay this Note in full and/or refinance in such a fashion as to
renew this as an encumbrance against the property. Husband shall
be obligated to so attempt a refinancing on an every six month
basis until such time as the refinancing is completed or until
the personal debt is paid in full. Husband shall be solely and
exclusively responsible for repayment of this debt and shall
indemnify Wife and hold her haraless from and against any and
all collection activity on account of the aforesaid debt,
including, but not limited to, demands for payment or litigation
of any nature.
8
3.7
Pension/Retirement Benefits. Wife agrees to waive, transfer
and relinquish any and all of her right, title and interest she
has or may have in her individual capacity or as Husband's Wife
in any and all pension, retirement, profit-sharing, stock options
or similar accounts with Husband's employer or which Husband has
secured independently.
Husband agrees to waive, transfer or relinquish any and all
of his right, title and interest he has or may have in his
individual capacity or as Wife's Husband in any and all pension,
retirement, profit-sharing, stock options or similar accounts
with Wife's employer or which Wife has secured independently.
3.8
Vehicles. The parties at present have one vehicle that is
marital property, that being a 1990 Audi 90, which is presently
titled in Wife's name alone. Husband hereby waives, relinquishes
and transfers any and all right, title and interest that he has
or may have in the aforesaid vehicle. Wife shall be solely and
exclusively responsible for any and all encumbrance of any nature
whatsoever on the aforesaid vehicle and shall hold Husband
haraless and save him from and against any and all collection
activity on account of any such encumbrance. In the event
Husband retains any interest whatsoever in the aforesaid vehicle,
Husband agrees to execute any and all necessary documents to
transfer his name from ownership of the vehicle and provide
ownership to Wife alone. Husband will execute any such documents
within FIFTEEN (15) days of being requested to do so.
9
In addition, it is acknowledged that the parties own a boat,
which is presently in Husband's possession and shall remain as
Husband's sole possession. In the event Wife needs to execute
any documents associated with ownership of the boat, she will do
so within FIFTEEN (15) days of being requested to do so by
Husband.
3.9
Intanaible Personal ProDertv. The parties acknowledge that
they have divided their intangible personal property to their
mutual satisfaction. The parties further acknowledge that they
have the cash, accounts, or other intangible personal property in
their possession that they wish to have and neither will make any
claim whatsoever against the other party for any other items of
personal property or assets in that other party's possession.
3.10
Business Interest. The parties acknowledge that Husband is
or was owner of Wilson Travel, Inc. and operated a business known
as Travel Agents International. Wife hereby waives, relinquishes
and transfers any and all interest she has of any nature
whatsoever in the aforesaid business, including any interest she
has individually or any interest she may have secured through her
marriage to Husband. In the event Wife needs to execute any
documents to finalize her transfer of interest in this business,
she will do so within FIFTEEN (15) days of being requested to do
so by Husband with Husband providing any necessary documentation
for implementation of these provisions. Further, Husband shall
be solely and exclusively responsible for any and all liabilities
10
,
of the business. This shall include the Note due and owing to
Faraers Trust Company as referenced in paragraph 3.6 above, as
well as any other financial encumbrances of any nature. Husband
shall indemnify Wife and hold her harmless from and against any
and all collection activity on account of the aforesaid debts of
any nature whatsoever and from any and all collection activities,
including demands for payment or litigation on account of such
debts. It is specifically acknowledged that the Faraers Trust
Company Note and a debt or encumbrance due and owing to T.A.I. of
St. Petersburg, Florida, are debts of the business which shall be
included in Husband's assumption of business debts.
In addition, Husband shall compensate Wife in a lump sum
payment of FOUR THOUSAND AND XX/I00 ($4,000.00) DOLLARS, which
shall be made contemporaneously with his execution of this
Agreement. Husband's payment of $4,000.00 to Wife shall be in
full and final satisfaction of any claim of interest that she has
or may have in Wilson Travel, Inc. or Travel Agents
International. Wife shall make no additional claim of any nature
whatsoever relative to her interest in the aforesaid business.
Payment shall be made by Husband providing payment to Wife's
legal counsel in the form of a certified check or money order at
the time Husband executes and delivers multiple copies of the
within Separation and Property Settlement Agreement.
11
ARTICLE IV
SPOUSAL SUPPORT. ALIMONY. ALIMONY PENDENTE LITE
AND MAINTENANCE
4.1
The parties herein acknowledge by this Agreement they have
respectively secured and maintained a substantial and adequate
funds with which to provide themselves sufficient resources to
provide for their comfort, maintenance, and support in the
maintenance.
station of life in which they are accustomed. Husband and Wife
do hereby waive, release and give up any rights they may
respectively have against the other for alimony, support, or
4.2
Husband and Wife specifically waive, release, and give up
any rights for alimony, alimony pendente lite and spousal support
pursuant to Chapter 5 of the Divorce code of 1980, as amended.
ARTICLE V
DEBTS OF THE PARTIES
5.1
The parties agree that they have each assumed responsibility
for certain marital debts.
More particularly, Wife shall be
responsible for, or has already assumed responsibility for, the
parties' or Wife's Discover credit or charge card, Bon Ton credit
or charge card, corporate American Express card, the joint VISA
credit or charge card at PNC and the joint Mastercard credit or
charge card at PNC.
similarly, Husband shall be solely and
exclusively responsible or has already assumed responsibility for
repayment of his or the joint VISA Gold charge or credit card
12
account, the Mastercard charge or credit card account, the First
card charge or credit card account and the account at Mac ToolS,
Inc. Each party shall hold the other harmless and indemnify them
from and against any and all collection activity on account of
the aforesaid debts and shall save them from any demands for
payment for each account that the party herein has assumed.
5.2
Each party represents to the other that except as otherwise
specificallY set forth in this Agreement, and more particularlY
as set forth in subparagraph 5.1 above, there are no other major
outstanding obligations of the parties, that since the separation
neither party has contracted for any debts for which the other
will be responsible and each party indemnifies and holds harmless
the other for all obligations separatelY incurred or assumed
under this Agreement.
ARTICLE VI
CHILD SUPPORT
6.1
Advice of counsel. The parties acknowledge that they have
had the opportunity to review the provisions oft-his Agreement
and further have had the opportunity to secure legal counsel and
advice relative to the legal effect of this Agreement. The
parties acknowledge that they have either received independent
legal advice from counsel of their own selection or that they
have specificallY chosen with full knowledge and on their own
volition, to not seek legal advice relative to this Agreement.
They further acknowledge that they fUlly understand the facts
13
. ,
that are the basis of this Agreement. They acknowledge and
accept that it is being entered into freely and vOluntarily,
after having the opportunity to receive legal advice and with the
knowledge that execution of this Agreement is not the result of
any duress or undue influence, and further that it is not the
result of any collusion or improper or illegal agreement or
agreements.
6.2
Counsel Fees. Each party agrees to be responsible for his
or her own legal fees and expenses, and each party hereby agrees
to waive any claim for alimony, alimony pendente lite, counsel
fees, expenses or costs.
6.3
Mutual Release. Husband and Wife each do hereby mutually
remise, release, quitclaim, and forever discharge the other and
the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, title and
interest, or claims in or against the property (including income
and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other,
or any part thereof, whether arising out of any foraer acts,
contracts, engagements, or liabilities of such other as by way of
dower or curtesy, or claims in the nature of dower or curtesy or
widow's or widower's rights, family exemption, or similar
allowance, or under the intestate laws, or the right to take
14
against the spouse's Will: or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a
surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any
state, commonwealth or territory of the United States, or (c) any
other country, or any rights which either party may have or at
any time hereafter have for past, present, or future support or
maintenance, alimony, alimony pendente lite, counsel fees, costs
or expenses, whether arising as a result of the marital relation
or otherwise, except and only except, all rights and agreements
and obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of any thereof. It is the
intention of Husband and Wife to give to each other by execution
of this Agreement a full, complete, and general release with
respect to any and all property of any kind or nature, real or
personal, not mixed, which the other now owns or may hereafter
acquire, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any thereof.
6.4
Warranties. Each party represents that they have not
heretofore incurred or contracted for any debt or liability or
obligation for which the estate of the other party may be
responsible or liable, except as may be provided for in this
Agreement. Each party agrees to indemnify or hold the other
party harmless from and against any and all such debts,
liabilities or obligations of every of them, including those for
15
necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent
and agree that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of
this Agreement, except as is otherwise specifically provided for
by the terms of this Agreement and that neither of them hereafter
incur any liability whatsoever for which the estate of the other
may be liable.
'.5
No waiver or modification of any of the teras of this
Agreement shall be valid unless in writing and signed by both
parties and no waiver of any breach hereof or default hereunder
shall be deemed a waiver of any subsequent default of the same or
similar nature.
.
,.,
Husband and Wife covenant and agree that they will forthwith
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper implementation of this
Agreement, and as their respective counsel shall mutually agree
should be so executed in order to carry fully and effectively the
terms of this Agreement.
'.7
This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania Which are in effect as
of the date of execution of this Agreement.
16
,
.
&.8
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
&.9
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
&.10
Severabilitv. If any term, condition, clause, section, or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that tera,
condition, clause, or provision shall be stricken from this
Agreement, and in all other respects, this Agreement shall be
val id and cont inue in full force, effect, and operation.
Likewise, the failure of any party to meet his or her Obligation
under anyone or more of the articles and sections herein shall
in no way void or alter the remaining obligations of the parties.
6.11
It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband
and Wife, or either of them, during the marriage as contemplated
by the Divorce Code of the Commonwealth of Pennsylvania.
17
6.12
Disclosure. The parties warrant and represent that they
have made a full disclosure of all assets prior to the execution
of this Agreement or they have jointly waived their right to
pursue an investigation relative to any other assets or
liabilities that they have jointly or individually beyond those
discussed and distributed pursuant to this Agreement.
6.13
Enforceabilitv and consideration. This Agreement shall
survive any action for divorce and decree of divorce and shall
forever be binding and conclusive on the parties: and any
independent action may be brought, either at law or in equity, to
enforce the teras of the Agreement by either Husband or Wife
until it shall have been fully satisfied and perforaed. The
consideration for this contract and agreement is the mutual
benefits to be obtained by both of the parties hereto and the
covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein
contained in stipulated, confessed, and admitted by the parties,
and the parties intend to be legally bound hereby. In the event
ei ther party breaches the aforesaid Agreement and it is
determined through appropriate legal action that the alleged
party has so breached the Agreement, the breaching party shall be
responsible for any and all attorney's fees as well as costs and
expenses associated with litigation incurred by the non-breachinq
party to enforce this Agreement against the breaching party.
18
,
. '
.
.
. .
, '
COMMONWEALTH OF PENNSYLVANIA
undersigned officer,
)
) SS
)
of f)lwa-
personally appeared Karen
Wilson,
COUNTY OF CUMBERLAND
On this the / 'j-t!J.day
, 1995, before me, the
L.
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within Agreement and acknowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
HoIINl SIll
RcbnJ.~~NlIc
CIrIIIe Bonl. .....,__.. CounIy
....eo...I' 'I>I e.pn.ApI1I17,lOll9
~~(-j'g <;L~.y~., ~ '
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF UI\UrllIIf -1",./0;.
)
) SS
)
On this the 'Jo day of j.."e,
, 1995, before me,
the undersigned officer, personally appeared Hal R. Wilson, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
-Lo r;>
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FARMERS TRUST COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
HAL R. WILSON and KAREN L.
WILSON,
1995-4982 CIVIL
Defendants
IN MORTGAGE FORECLOSURE
CBRTIFICATB OF SERVICB
I, Bradley L. Griffie, Esquire, hereby certify that I did,
the 19th day of October, 1995, cause a true and correct copy of
the Answer of Defendant Karen L. Wilson filed October 17, 1995 to
be sent to the Plaintiff, Farmers Trust Company, by serving their
attorney of record by first class mail, postage prepaid, to the
following address:
William A. Duncan, Esquire
Duncan & otto
1 Irvine Row
Carlisle, PA 17013
DATE: loJ"JS-<'
I 1 ~
re
FARMERS TRUST COMPANY
------------.-.---------------------.-.-------
------------------------.---------------------
VI.
Hal R. Wilson, et al
----------------------------------------------
--------------------------
'.
.
In the Covn o( c- Plea o(
CumberlaDd CoUllcy, PClUlrfh'Uil.
N.),
95-4982 C
19______
Civil.
------------.--------------
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.--------------------------- ---------------------------------------------------------------------
.--------------------------------------------.--------------------------..-------------.---------
.------------------------.----------------------------------------------------------------
------------------ -.. -------------------------- ....-..-...- ..---..-----. -.. .---------------
To ________________________
---------------
Prolhonotary
t~ClJ\;\
--... -----------
William A. Duncan
AncIuy (or PbinuH.
'-
.
~o. ----------____________ 1"enn, 19______
-----------------------------------------
'4
-----------------------------------------
PRAECIPE
F"ued ---------__________________ 19______
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.~cry,
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