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HomeMy WebLinkAbout00-02529 l'lIIl'-' " "'=t. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92868. NO. dN1J~dSrdY' ~ Pl ai nti ff . vs. GARY 0, WARDECKER 515 South Pitt Street Carlisle. PA 17013, CIVIL ACTION - MORTGAGE FORECLOSURE Defendant 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 judgment 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 4th Floor, Cumberland County Courthouse, Carlisle. PA 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la corte, Si usted qui ere 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: CUMBERLAND COUNTY Court Admini r 4th Floor. Cumberland County Co thous (717) 2 -620 - I., I"~ ~ FRANK L. MAJCZAN, JR" ESQUIRE Attorney I,D, No. 17638 The Blair Building Route 378 South and Walter Avenue Bethlehem. PA 18015 (610) 317-0778 Attorney for Plaintiff LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92868, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION Plaintiff NO, it(} - ,)5'39 C;;J /&<--- vs. GARY 0, WARD ECKER 515 South Pitt Street Carlisle, PA 17013, Defendant CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT Plaintiff. LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK, by its counsel, FRANK L, MAJCZAN, JR.. ESQUIRE. respectfully presents the following Complaint for consideration by Your Honorable Court: 1, Plaintiff, Long Beach Mortgage Company. Servicer for The Chase Manhattan Bank, is a lending institution which maintains an office for the conduct of its business at 1100 Town & Country Road. Orange. California 92868. 2, Defendant. Gary O. Wardecker. is an adult individual who resides at 515 South Pitt Street. Carlisle, Pennsylvania 17013, 3. On December 11. 1998, Defendant executed and delivered a Note. secured by a Mortgage executed by Defendant. upon premises hereinafter described, to Long Beach Mortgage Company in the amount of Forty-Two Thousand '" ~ Nine Hundred and no/100 ($42.900.00) Dollars. which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County. Pennsylvania. in Mortgage Book 1505. Page 757, Copies of said Mortgage and Note are attached hereto. collectively marked Exhibit "A". and are intended to become a part hereof, 4. Said Mortgage was assigned by Long Beach Mortgage Company to The Chase Manhattan Bank by Assignment of Mortgage dated December 16. 1998. which Assignment is being recorded in the Office of the Recorder of Deeds of Cumberland County. Pennsylvania. A copy of said Assignment of Mortgage is attached hereto. marked Exhibit "B". and is intended to become a part hereof, 5. The premises subject to said Mortgage is described as follows: SEE EXHIBIT HC ATTACHED HERETO 6, Defendant is in default under the terms of said Mortgage in that he has failed to make payments for November. 1999. to the present. pursuant to said Mortgage as outlined in Paragraph Nine (9) below. and the Plaintiff does hereby exercise its right to accelerate the payment of debt and to demand payment in full thereon, 7. Notice was mailed to Defendant according to the provisions of Act 91 of 1983 and the provisions of Act 6 of 1974 on February 29. 2000. A copy of said Notice is attached hereto. marked Exhibit "D". and is intended to become a part hereof. 2 , 8. Plaintiff is entitled to be reimbursed for reasonable attorney collection fees incurred in the prosecution of the instant action pursuant to the terms in Exhibit "A" attached hereto, 9. The following amounts are due on account of said Mortgage as of April 4. 2000: Principal of Mortgage debt due and unpaid ------- Interest to and including 04/04/00 -------------- (Each day add Twelve and 41/100 ($12,41) Dollars after April 4, 2000) Late charges to date ---------------------------- $ Miscellaneous fees ------------------------------ $ Costs to date ----------------------------------- $ Attorney Fees (anticipated and actual to Ten (10%) percent of the principal) ----------- $ 42.744.36 $ 2.320.67 118.70 31. 50 155.30 $ 4.274,44 TOTAL $ 49,644,97 The attorney 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 fees will be charged based on work actually performed, WHEREFORE. Plaintiff demands Judgment against Defendant. pursuant to this Complaint. in the amount of Forty-Nine Thousand Six Hundred Forty-Four and 97/100 Dollars ($49,644,97). together with interest at the contract rate from April 4. 2000. together with other charges and costs incidental thereto to the date of Sheriff's Sale and all costs of suit, DATED: April 4. 2000 tUM FRANK L. ATTORNEY ATTORNEY 1. D. . ESQUIRE FF 17638 3 '.~ ".) ~ J l....L C:\WPDOCS\COMPLAIN\MTGFORE\-WARDECK VERIFICATION I, Raymond L. Agostini, Vice President of Default of Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge. information and belief. I understand that false statements herein are made subject to the penalties of IB Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: 4/11/00 , V.P. Default , .I <J "TRUE AND CERtIfiED" 'iny-ry/. ~hA) .. When lIICOrded, mail to: LONG BEACH MORTGAGE COMPANY P,O, BOX 11490 SANTA ANA, CA 92711 Loan No, 7988827-30180 Parcel Number: [Space Above Tbfs Line For RecordiDg Dala] MORTGAGE TIIIS MORTGAGE ("Security Instrument") is given on GARY 0 W ARDECKER December 11, 1998 . The mortgagor is ("Borrower"). This Security Instrument is given to LONG BEACH MORTGAGE COMPANY , whic:h is organized and existing under the laws of the State of Delaware , and whose address is 1100 TOWN & COUNTRY ROAD, ORANGE, CA 92868 ("Lender"). Borrower,owes Lender the principal sum of Forty Two Thousand Nine Hundred and nol100---------------,--------------~---------~---~--------- Dollars (U,S, $ 42,900,00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, ifnot paid earlier, due and payable on Janu3l}' I, 2029 This Security lnstftlment secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this putpOAe, Borrower does hereby mortgage, grant and convey to Lender the following described property located in "'!:lAMS ' L~ County, Pennsylvania: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which has the address of 515 S pm STREET Pennsylvania 17013 , PENNSYLVANIA-Single famlly-fNMAIFtILMC UNIFORM INSTRUMENT Farm 3039 9/90 _,6HIPAI".,01.0. Am.nd~~3 PagetofG InII18ls:~ VMP MORTGAGE FORMS. (800Ili2.1.1291 TDPAI (03IJ1/98)PC CARLISLE [Zip Code1 ("Property Address"); [St=t.City), EXHIBIT "A" 111~t~lillllll~1111 - ') ..... TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property," BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifonn security instrument covering real property, UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges, Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Tax"" and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may.attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any: (e) yearly mortgage insurance premiums, if any; and (I) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums, These items are called 'Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U,S,C, Section 2601 el seq, ("RESPA "), unless another law that applies to the Funds sets a lesser amount, If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount, Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items, Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge, However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in cOlUlCCtion with this loan, unless applicable law provides otherwise, Unless an agreement is made or applicable law requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual aecounting of the Funds, showing credits and debits to the Funds and the pUlpose for which each debit to the Funds was made, The Funds are pledged as additional security for all sums secured by this Security Instrument, If the Funds held by Lender exceed the amounts permitted to be held by applicable law,' Lender shall aecountto Borrower for the excess Funds in accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency, Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, If. under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the lime of acquisition or sale as a credit against the sums secured by this Security Instrument, 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note, 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any, Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by. or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. .. -6H(PA) f94101.02 II TOPAZ (03131198) PC Paga20re Inrtlal':~ Form 3039 9/90 Loan No, 7988827-30780 '" '"="' ) , . I ~ S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld, If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7, All insu!ance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause, Lender shall have the right to hold the policies and renewals, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-<lay period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments, If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to thc extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control, Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or colllmit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Illlltrument or Lender's security interest, Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination. precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest, Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information'or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee tille to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 7, Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necess3!}' to protect the value of the Property and Lender's rights in the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Lender does not have to do so, Any amounts disbursed by Lender undcr this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to oth~r terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate. and shall be payable, with interest, upon notice from Lender to Borrower requesting payment, 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect, If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums reqnired to obtain coverage substantially equivalent to lhe mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alteroate mortgage insurer approved by Lender, If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower, when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve>n lieu of mortgage insurance, Loss reserve '";"./'~ ~039 9/90 Loan No. 7988827-30780 .. .6H{PA) 194101.02 <D TUPA] (Q1J311W) PC Page3or8 r,; I I 1 I I I i i I , I I i I I i , j I i , , ~ ~ ) - _n -- payments may no longer be requi~; at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law, 9. Inspection, Lender or its agent may make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, 10. COlldemnatlon, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking, Any balance shall be paid to Borrower, In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is ahandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages; Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments, 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument grantec1 by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Le~er shall not be required to commence proceedings against any successor in interest or r~fuse to. extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by rcasun bf any demand made by the original Borrower or Borrower's successors in interest, Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 12. Succ:essors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bi~ and benefit the successors and assigns of Lender and Borrower, subject to lhe provisions of paragraph 17, Borrower's covenants and agreements shall be joint and several, Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by lhis Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to lhe terms of this Security Instrument or the Note without that Borrower's consent, 13. Loan Charges. If lhe loan secured by this Security Instrument is subject 10 a law which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note, 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method, The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender, Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, 15. Governing Law; Severability, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located, In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, To this end the provisions of this Security Instroment and lhe Note are declared to be severable, 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instnnnent, Inl'iala~J Page. 01 6 ~039 9/90 Loan No. 7988827-30780 _-6HtPAI194101.02 TDPA4(OJ/)lM)PC -' 17. Transfer of the Property or a Beneficlallnterest In Borrower. If all or any pan of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lendcr if cxercise is prohibited by federal law as of the date of this Security Instrument, If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 ,days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permilled by this Security Instrument without further notice or demand on Borrower, 18, Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlicr of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security 1nstroment; or (b) entry of a judgment enforcing this Sccurity Instrument, Those conditions are that Borrower: <a) pays Lender all sums which then would be due under this Security. Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) .pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable allomeys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrumeitt, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged, Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. Howcver, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change or Loan Servicer, The Note or a panial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument, There also may be one or more changes of the Loan Servicerunrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given wrillen notice of the change in accordance with paragraph 14 above and applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other information required by applicable law, 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substonces on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply. to the presence, use, or storage on the Property of small qUlll\tities of Hazardous Substances t\jat are generally recognized to be appropriate to normal residential uses and to maintenance orthe Property, . Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private pany involving the Property and any'Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as I~oxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection, NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instmment (but not prior to acceleration under paragraph 17 unless applkable law provides otherWise), Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; Cc) when the default must be cured; and Cd} that failure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further infonn Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require Immediate payment in full of all sums secured by this Security Instmment without further demand and may foreclose this Security Instmment by judicial proceeding, Lender shall he entitled to collect all expenses incurred in pursuing the remedies provIded in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidencc to the extent permitted by applicable law, 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void, After such occurrence, Lender shall discharge and satisfy this Security Instrument to Borrower, Borrower shall pay any recordation costs, Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law, 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption, 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Securjty Instrument, 25. Purchase Money Mortgage, If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage, ) .. .6HIPAI 194101,02 .. TDPAS (0)131198) PC Page Slo' 6 '"ltl'@ Fonn 3039 9/90 Loan No. 7988827-30780 . ---, I ~ , .- ~-'i<'_ "",. 26. Interest Rate After JUD!;,..ent. Borrower agrees that the interest tate payable after ajudgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note, f..J ., 27. Riders to tbis Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such ridcr shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] B Adjustable Rate Ri!ier Graduated Payment Rider o Balloon Rider DVARider D Condominium Rider D Planned Unit Development Rider o Rate Improvement Rider D Other(s) [specify) D 1-4 Family Rider D Biweekly Payment Rider D Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees 10 the terms and covenanls contained in this Securily Instrument and ~i:DYs~id~r(S}[Qexecuted by Borrower and recorded with it. /~ . ~ ~ () ~ (Seal) 01\ ~ GARY 0 WARD R .Borrower (Seal) .BOrTOwcr (Seal) -Borrower (Seal) .Borrowcr Certificate of Residence I, the within-named Mortgagee is , do hereby certify that the correct address of Witness my hand this 1100 TOWN & COUNTRY ROAD ORANGE. CA 92868 day of . . Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, ~ ~~o~ known to me (or satisfl\Florily proven) 10 be the person whose name \>4. subscribed to the within instrument and acknowledged that -IlL executed the same for the purposes herein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, ~ ~ My Commission Expires: 0 III Notarial Seal Kelly S, Baker. NOlaI)' Public Carlisle Born. Cumberland COunty My Commission E.pire~ F~~. 7, 2000 I.D/.U8 ~~ ~~ County ss: On this, lbe personally appeared , before me, lbe undersigned officer, <b Vkkl"') ....6HIPAI194101.02 TPPA6 (03131/9.8) PC Form 3039 9/90 Loan No. 7988827-30780 '" " " ~J~i ) LOAN NO. 7988827.30780 NOTE December 11, 1998 IDlte) ORANGE CA [State) [City] 515 S PI1T STREET CARLISLE, PA 17013 [Propcny Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that I bavereceived, I promise to pay U ,S, $ "principal"), plus interest, to the order of the Lender, The Lender is 42,900.00 (this amount is ealled . I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2, INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid, 1 will pay interest at a yearly rate of 10.600 %, The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments I will pay prineipal and interest by making payments every month, I will make my monthly payments on the FlRST day of each month beginning on February 1 1999 , I will make these payments every monthuntilll have paid all the principal and i~terest and any other eharges described below that I may owe under this Note, My monthly payments will be applied to interest. before principal. If, on ,lanuary I ,. 2029 , I still owe aniounts under this Note, I will pay those amounts in full on that date, whieh is called the "Maturity Date, " 1 will make my monthly payments at ORANGE, CA 92868 .'(8) Amount of Monthly Payments My monthly payment will be in the amount of U,S, $ 395.64 4, BORROWER'S RIGHT TO PRE~4Y Im~an tillle.6 'X*.XiX:!&,~DX" ~- 1110nlhs' .Idv<lnec intcrest on thc .lnlOunt prepaid which is in excess or twenty percent (20%) of the original princip;11 amount. 5, LOAN CHARGES IF a Jaw, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan excecd the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected From me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal J owe under this Note or by making a direct payment to me, IF a reFund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FlFTEEN calendar days after the date it is due, I will pay a late eharge to the Note Holder, The amount of the charge will be 6.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the Full amount of each monthly payment on the date it is due, I will be in default, LONG BEACH ,MORTGAGE COMPANY 1100 TOWN & COUNTRY ROAD or at a different place if required by the Note Holder, ~ , "' -{, WAN NO. 7988827-30780 (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not heen paid and all the interest that I owe on that amount. That date must he at least 30 days after the date on which the notice is delivered or mailed to me, (D) No Waiver By Note Holder Even if, at a, time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to bc paid back by me for all of its costs and expenses in enforcing this Notc to the extent not prohibited by applicablc law. Thosc expenses include, for example, reasonable attorneys' fees. 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Nute will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be givcn to thc Note Holder under this Note will be given by mailing it by first c1a5S mail to the Note Holder at the address stated in Section 3(A) above or at a diffcrent address if I am given a notice of that different address, 8, OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this Note, each person 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 person who is a guarantor, surety or endorser of this Note is also obligated to do these things, Any person who takes over these obligalions, 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. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note, 9, WAIVERS I and any other person who has obligalions under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due, "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10, UNIFORM SECURED NOTE This Note is a uniform instrument with limited variat,,,ns in some jurisdictions, In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Decd (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note, That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note, Some of those condilions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower, If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleralion, The nolice shall provide a period of not less than 30 days from the date the notice is delivercd or mailed within which Borrower must pay all sums secured by this Security Instrument. I f Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, 6t<k~O JJZ- GARY 0 ARDECKER SSN: 210-40-4707 (Seal) (Scal) ~Borrower ~Borrower SSN: (Seal) .Borrower (Seal) -Borrower SSN: SSN: [Sign Original Only] PENNSYlVANIA FtXED RATE NOTE fie 414OJ211 (01128197) lC -4140321 t9701l 'M P8g,20'2 I '. " ..'- - -,- -~ '<_ ,,' A ~ ,I~ Recording Requested By/Return To: LONG BEACH MORTGAGE COMPANY P,O, BOX 11490 SANTA ANA, CA 92711 Loan No, 7988827-30780 P~eINumber: 04-22-0483"073 ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein 1100 TOWN & COUNTRY ROAD ORANGE, CA 92868 assign, transfer and convey, unto The Chase Manhattan Bank 'Assignor') whose address is , does hereby grant, sell, , a corporation organized and existing under the laws of Delaware (herein 'Assignee"), whose addressis 450 West 33rd Streetr 14th Floor New York NY 10001-2697 a certain Mortgage dated December 11 ,1998 , maae anll exMuted by GARY 0 W ARDECKER whose address is to and in favor of 515 S PITT STREET, CARLISLE, PA 17013 LONG BEACH MORTGAGE COMPANY following described property situated in lU>>MIfS CUMBERLAND Commonwealth of Pennsylvania: LEGAL DESCRIPTION ATTACHED HERETO AND MA1?E A PART HEREOF upon the County, such Mortgage having been given to secure payment of Forty Two Thousand Nine Hundred and no/100---------------------------- ($ 42,900,00 ) (Include the Original Principal Amount) which Mortgage is of record in Book, Volume, or Liber No, 1505 , at page ,757 (or as No. ) of the Records of Cumberland County, Commonwealth of Pennsylvania, together with the note(s) and obligations therein described and the money due and to become due thereon with interest, and all rights accrued or to accrue under such Mortgage, TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to the tenus and conditions of the above-described Mortgage, Pennsylvania Assignment of Mortgage G:995(PA) "7101,01 10/97 P.g. ~~~P MORTGAGE F~RMS '1'0~~:;'~:72" I 11111111 Illllllllilllllllilllillll 1111 ASSION_PA ((111f11198) PC Page lof2 EXHIBIT "B" . , , . ~_" e_'. IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on December 16, 1998 ~;Y Witness U6~ He,,' ( ~ ~ By: Witness Agent By: Agent Attest (Authorized Officer) Seal: 1k4( I. P!t,d ~aQ-e ~(/I\/Y (Assignor -' . , This Instrument Prepared By: LONG BEACH MORTGAGE COMPANY 1100 TOWN & COUNTRY ROAD, ORANGE, CA 92868 , tel. no,: State of California County of ORANGE On December 16, 1998 , address: , before me K, Keleher , personally appeared Betly Johnson and Cheryl Pakulak , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, -"'''"_. V U n I . WITNESS my hand and official seal, ~ K. Keleher Q:995IPA) ,97101.01 .. ASSIGN_PA2 ((J11f17198) PC Page 2 0(2 Page 2 of 3 LOAN NO. 7988827-30780 l.mBi~ ............... O"....liIIIa.lI\. ....1\.........1..' - ." ....-wfIdC.UI .... : ".--. . QlUdf .... .' o..~_".... Mfeanm.. .... ...~ . LEGAL DESCRIPTION , ' ''''-''"' ";';<.-...ki - ALL those two certain lots of grolUld situate on the east side of South Pitt Street in the Third Wacl of the Borough of Carlisle. Cwnberland COWlty, Pennsylvania, bounded and described as follows: LOT NO, I: BEG1NNlNG at a point on lI1e eastern building line of South Pitt Street, said point being 116,2 feet south of the southern building line of willow Street and being in the center of partition between the property herein conveyed and the property now or formerly of Seibert A. Myers, et al.; thence through the center of said partition, South 83 degtt.eS47 minutes Bast 110 feet to theweslem line of a ten-foot publio alley; thence along said line, South 6 degrees 13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of W81TCD H, Boisvert and wife; thence through the center of said partition. North 83 degrees 47 minutes WeslllO !cetlo the eastern building line "fSouth Pitt Street; thence along said line. North 6 degrees 13 minutes Bast 16 feet to the place ofBEG1NNlNG, : Said lot being improved with a two and one-half story frame house known as No, 515 South Pitt Street, and being attached on the north and south to Nos,S I 3 and 517 South Pitt Street, respectively, LOT NO, 2: BEG1NNlNG at a point on the eastern side of the aforesaid public alley; said point being 128.83 feet south of the southern building line of Willow Street and being at the southwestern comer of a lot owned now or formerly by Seibert A. Myers. et aI.; thence South 83 degrees 47 minutes East 70 feet 10 the land now or fonnerly of Meals' Estate; thence South 6 degrees 13 minutes West IS feet along said lands 10 the line oflot owned now or formerly of Warren R Boisvert and wife; thence along same. North 83 degrees 47 minutes West 70 feet to the eastern line of said alley; thence along said line. North 6 degrees 13 minutes Bast IS feet to the place ofBBGlNNlNO, Said lot having a frontage on said alley of IS feet and extending at an even width 70 feet to the land now or formerly of Meals' Estate, and being located southeastwardly from the rear of Lot No, I herein. '~ ,-" ~ ~-" . ~ '. ALL those two certain lots of ground situate on the east side of South Pitt Street in the Third Ward of the Borough of Carlisle. Cumberland County, Pennsylvania. bounded and described as follows: LOT NO, 1: BEGINNING at a point on the eastern building line of South Pitt Street, said point being 116,2 feet south of the southern building line of Willow Street and being in the center of partition between the property herein conveyed and the property now or formerly of Seibert A, Myers, et al.; thence through the center of said partition, South 83 degrees 47 minutes East 110 feet to the western line of a ten-foot public alley: thence along said line. South 6 degrees 13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of Warren H. Boisvert and wife: thence through the center of said partition. North 83 degrees 47 minutes West 110 feet to the eastern building line of South Pitt Street: thence along said line. North 6 degrees 13 minutes East 16 feet to the place of BEGINNING. Said lot being improved with a two and one-half story frame house known as No. 515 South Pitt Street, and being attached on the north and south to Nos, 513 and 517 South Pitt Street. respectively. LOT NO.2: BEGINNING at a point on the eastern side of the aforesaid public alley, said point being 128,83 feet south of the southern building line of Willow Street and being at the southwestern corner of a lot owned now or formerly by Seibert A. Myers, et al; thence South 83 degrees 47 minutes East 70 feet to the land now or formerly of Meals' Estate; thence South 6 degrees 13 minutes West 15 feet along said lands to the line of lot owned now or formerly of Warren H. Boisvert and wife; thence along same, North 83 degrees 47 minutes West 70 feet to the eastern line of said alley; thence along said line. North 6 degrees 13 minutes East 15 feet to the place of BEGINNING. Said lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or formerly of Meals' Estate, and being located southeastwardly from the rear of Lot No. 1 herein. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land. recorded or unrecorded. BEING THE SAME PREMISES which Millard E, Wardecker and Martha M, Wardecker, husband and wife. by their Deed dated December 11, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Deed Book 190. Page 1054. granted and conveyed unto Gary O. Wardecker. Parcel No. 04-22-0483-073. EXHIBIT "C" . - - ~ - , ".""'-~ ~~-"~' :, -~ -, ~ .I;:.....~ -.. - E ". .'..,) . k- \. (610) 317-0778 FRANK L. MArCZAN, JR. ATTORNEY AT LAW THE BLAIR BUILDING ROUTE 378 SOUTH & WALTER AVENUE BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317.0782 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice. that the mortaaae on your home is in default. and the lender intends to foreclose:' . SO.ecific information about the nature of the default is oroYided in the attached oaaes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helD to saye your home. This Notice exolains how the proaram works. To see if HEMAP can help you. yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselina aaency. The name. address and phone number of the Consumer Credit Counselina Aaencies servina vour County are listed at the end of this Notice. If you have any Questions. yOU may call the Pennsylvania Housina Finance Aaency toll free at 1-800-342.2397 (Persons with imoaired hearina can call (717) 780-1869. This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it, You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer, LA NOTIFICACION EN ADJUNTO ES DE 'SUMA IMPORTANCIA. PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAcrON OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER' S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA, EXHIBIT "D" " " .-1 ~ '-. " 1- '. , f.' Mr, Gary 0, Wardecker 515 South Pitt Street Carlisle. PA 17013 Page 2 February 29. 2000 HOMEOWNER'S NAME(S): GARY 0, WARDECKER PROPERTY ADDRESS: 515 SOUTH PITT STREET. BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013 LOAN ACCT, NO,: 7988827 ORIGINAL LENDER: LONG BEACH MORTGAGE COMPANY CURRENT LENDER/SERVICER: LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMRNTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time. you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO ,NOT APPLY FOR EMERGENCY MORTGAGE ASSISliANCE. YOU MUST BRING YOUR MORTGAGE UP JO DATE. THE PART OF THIS NOnCE CALLED "HOW TO CURE YOUR MORTGAGE DEFAUtT" EXP'LAINS HOW TO BRING YOUR MORTGAGE UP 'f0 DATE, CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names, addresses and teleDhone numbers of desionated consumer credit cOiJnselino aoencies for the county in which the orooerty is located are set forth at the end of this Notice. It is only necessary to schedule one (1) face-to-face meeting, Advise your lender immediately of your intentions, ,-, ,.. - ~., -~ ~ , . '-;$ Mr, Gary 0, Wardecker 515 South Pitt Street Carlisle, PA 17013 Page 3 February 29, 2000 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default), If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out. sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY. THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT CBrinQ it UD to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 515 SOUTH PITT STREET, BOROUGH OF CARLISLE. CUMBERLAND COUNTY, PENNSYLVANIA 17013 IS SERIOUSLY IN DEFAULT because: ,. Mr, Gary 0, Wardecker 515 South Pitt Street Carlisle, PA 17013 Page 4 February 29, 2000 A, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following dates and the following amounts are now past due: REGULAR MONTHLY PAYMENTS OF $395,64 FOR 11/99 THROUGH AND INCLUDING 02/00 (4 PAYMENTS) TOTALING $1,582,56 Other charges (explain/itemize): LATE CHARGES OF $94,96: MISCELLANEOUS FEES OF $31,50: BPO OF $125.00: AND PROPERTY INSPECTIONS OF $30.30 TOTALING $281,76 TOTAL AMOUNT PAST DUE: $1,864.32 B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1.864,32 . PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check, certified check or money order made oayable and sent to: MS, HEATHER POTEE. FORECLOSURE ASSOCIATE LONG BEACH MORTGAGE COMPANY 1100 TOWN & COUNTRY ROAD ORANGE, CA 92868 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter, (Do not use if not aoolicable,) N/A IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice. the lender intends to exercise its riahts to accelerate the mortaaaedebt, This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortaaaed Drooerty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys. but you cure the delinquency before the lender begins legal Mr, Gary O. Wardecker 515 South Pitt Street Carlisle, PA 17013 Page 5 February 29, 2000 proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred. up to $50,00, However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50,00, Any attorney's fees will be added to the amount you owe the lender. which may also include other reasonable costs, If YOU cure the default within the THIRTY (30) DAY oeriod, YOU will not be required to pay attorney's fees. OTHER LENDER REMEDIES - This lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOU still have the riaht to cure the default and orevent the sale at any time uo to 'one (1) hour before"the Sheriff's Sale. You may do so by Dayina the total amount then past due, Dlus anv late or other charaes then due, reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writina by the lender and bv Derformina anv other requirements under the mortaaae, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST pass I LE SHRIFF'S SALE DATE - It is estimated that the earliest date that such a heriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice, A notice of the actual 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 or action will be by contacting the lender, HOW TO CONTACT THE LENDER: , Name of Lender: Lona Beach Mortaaae Comoany Address: 1100 Town & Country Road. Oranae. CA 92868 Phone Number: (714) 541-5378 Extension 3371 Fax Number: (714) 543-9164 Contact Person: Ms. Heater Potee. Foreclosure Associate EFFECT OF SHERIFF~S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it, If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, >'< _J ,-- -,'-, 'I ^' 1< Mr, Gary 0, Wardecker 515 South Pitt Street Carlisle, PA 17013 Page 6 February 29. 2000 ASSUMPTION OF MORTGAGE - You mayor X may not (CHECK ONE) sell or transfer your home 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 of the mortgage are satisfied, YOU MAY ALSO 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. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAM!;: POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSUR.E PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY SEE ATTACHED LIST FRANK L, MAJ ZAN, FLM.JR:jl CERTIFIED MAIL/RETURN RECEIPT REQUESTED , FIRST CLASS MAIL/CERTIFICATE OF MAILING cc: Ms, Heather Potee Long Beach Mortgage Company - -I J. . 'oi:;, CUMBERLAND COUNTY CCCS of Western Pennsylvania. Inc, 2000 Linglestown Road Harrisburg. PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N, 6th Street Harrisburg. PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comrn of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro. PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle. PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg. PA 17325 (717) 334-1518 FAX (717) 334-8326 "r~I;lUjIMiiillIili1.l~iIill!;jiIW~M!i:i~-~~'" - > IMil!<!illt~..I>iii"j;"'II~1ful-~~ _.-, I ~"~''''~~'''''''''"I~",A'j""~~ilIl''';''''' -~ "'""""ill ~ - -''''''''7 ~"-' ~. ~-~~ ~~~ ~ ~ 9--- e:J -I:::: -........, 0 ^" 0 '-.\J ~ ......., '0J ~ r ~ ~~ ~ ~- ~ Ci '.,__ _."",__'""__ . R_^, ~, _ ~,~.~_O<~ ,~ _ " ,~~", . <-.? t\) r' f r() JJ !t- .~o ~ ft i- t ~ , ''''~ .- - w ~) g ;:p (?! :~~ 2: CC.:J 2-~r":: C).~:-, -< ~~. ;g ~cZ~..J _ :-.J L-': ~~; :<. - ~u r::;, .......,: :"'.) cf? E.-l ~ flf ;\) _f' ~ l~f J_ ~ cr Ii; '" .', " -, SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-02529 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LONG BEACH MORTGAGE CO VS WARDECKER GARY 0 R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT WARDECKER GARY 0 but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , WARDECKER GARY 0 DEFT, COULD NOT BE LOCATED AT ADDRESS STATED PRIOR TO EXP, DATE, P,O, STATES THAT ADDRESS IS VALID Sheriff's Costs: Docketing Service NOT fOUND RETURN Surcharge 18,00 15,50 5,00 10,00 ,00 48,50 ~~ R, Tomas Kline Sheriff of Cumberland County FRANK L, MAJCZAN, JR, OS/24/2000 Sworn and subscribed to before me this /.,..t- day OfY"".. .,GwO A,D, (J..." <- a. In <p~,. - , A.P;4, pr t onotary , , ~ ,-_., . ,., "--~" . .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92868. NO. o{m-D-;) s;;tf ~ Plaintiff vs, GARY 0, WARDECKER 515 South Pitt Street Carlisle. PA 17013. CIVIL ACTION - MORTGAGE FORECLOSURE Defendant 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 judgment 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 4th Floor. Cumberland County Courthouse. Carlisle. PA 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la corte, Si usted qui ere 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 notifical,:ion. Usted debe ,~~sentar un;i. apar'~1!!~,!ii a escrita 0 en persona 0 por ab@9'a~O yahi var en 1 a corte en .lI1lla escrita sus defensas 0 sus objeciones a l~s 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: CUMBERLAND COUNTY Court Admini r 4th Floor, Cumberland County Co thous (717) 2 0-620 "~ I' L'i , FRANK L. MAJClAN, JR,. ESQUIRE Attorney I,D, No. 17638 The Blair Building Route 378 South and Walter Avenue Bethlehem, PA 18015 (610) 317-0778 Attorney for Plaintiff LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION Plaintiff NO, vs. GARY 0, WARDECKER 515 South Pitt Street Carlisle, PA 17013. Defendant CIVIL ACTION . MORTGAGE FORECLOSURE C(JofPLAINT Plaintiff. LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK, by its counsel, FRANK L, MAJClAN. JR., ESQUIRE, respectfully presents the following Complaint for consideration by Your Honorable Court: 1. Plaintiff, Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank. is a lending institution which maintains an office for the conduct of its business at 1100 Town & Country Road, Orange, California 92868. 2. Defendant. Gary 0, Wardecker, is an adult individual who resides at 515 South Pitt Street. Carlisle. Pennsylvania 17013. 3. On December 11. 1998. Defendant executed and delivered a Note. secured by a Mortgage executed by Defendant. upon premises hereinafter described. to Long Beach Mortgage Company in the amount of Forty-Two Thousand - ,-- . I, Nine Hundred and no/10o ($42.900,00) Dollars. which Mortgage is recorded in the Office of the Recorder of Deeds of'Cumberland County. Pennsylvania. in Mortgage Book 1505. Page 757, Copies of said Mortgage and Note are attached hereto. collectively marked Exhibit "A". and are intended to become a part hereof, 4, Said Mortgage was assigned by Long Beach Mortgage Company to The Chase Manhattan Bank by Assignment of Mortgage dated December 16. 1998. which Assignment is being recorded in the Office of the Recorder of Deeds of Cumberland County. Pennsylvania. A copy of said Assignment of Mortgage is attached hereto. marked Exhibit "B". and is intended to become a part hereof. 5. The premises subject to said Mortgage is described as follows: SEE EXHIBIT "e" ATTACHED HERETO 6. Defendant is in default under the terms of said Mortgage in that he has failed to make payments for November. 1999. to the present. pursuant to said Mortgage as outlined in Paragraph Nine (9) below. and the Plaintiff does hereby exercise its right to accelerate the payment of debt and to demand payment in full thereon, 7. Notice was mailed to Defendant according to the provisions of Act 91 of 1983 and the provisions of Act 6 of 1974 on February 29. 2000, A copy of said Notice is attached hereto. marked Exhibit "D". and is intended to become a part hereof. 2 8. Plaintiff is entitled to be reimbursed for reasonable attorney collection fees incurred in the prosecution of the instant action pursuant to the terms in Exhibit "A" attached hereto. 9. The following amounts are due on account of said Mortgage as of April 4, 2000: Principal of Mortgage debt due and unpaid ------- Interest to and including 04/04/00 nn_______n_ (Each day add Twelve and 41/100 ($12.41) Dollars after April 4, 2000) Late charges to date ---------------------------- $ Miscellaneous fees ------------------------------ $ Costs to date ----------------------------~------ $ Attorney Fees (anticipated and actual to Ten (10%) percent of the principal) ----------- $ 42.744,36 $ 2.320.67 118.70 31,50 155.30 TOTAL $ 4,274.44 $ 49,644.97 The attorney 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 fees will be charged based on work actually performed. WHEREFORE. Plaintiff demands Judgment against Defendant, pursuant to this Complaint, in the amount of Forty-Nine Thousand Six Hundred Forty-Four and 97/100 Dollars ($49,644,97), together with interest at the contract rate from April 4, 2000, together with other charges and costs incidental thereto to the date of Sheriff's Sale and all costs of suit. DATED : Aori 1 4 , 2000 ua FRANK L. ATTORNEY ATTORNEY I.D. . ESQUIRE FF 17638 3 C:\WPDDCS\COMPLAIN\MTGFDRE\-WARDECK .' VERIFICATION -,-. - .1 -I., I, Raymond L. Agostini, Vice President of Default of Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my 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, DATED: 4/1 "lInn , - ""' , ./ ..i "TRUE AND CERIIFIED" '1n't/ yf. <AihA) i I I 1, I , \ I , ! .. 'Wheo recorded, mail to: LONG BEACH MORTGAGE COMPANY P,O, BOX 11490 SANTA ANA, CA 92111 Loan No, 7988827-30780 Parcel Number: ISpace Alloy< 'ibis LIDe For RecorcIlag DalaJ MORTGAGE TIUS MORTGAGE ('Security Instl1lJDellt') is given on GARY 0 WARDECKER December 11, 1998 . The mortgagor is ('Borrower'). This Security Instrument is given to LONG BEACH MORTGAGE COMPANY , which is organized and existing under the laws of the State of Delaware , and whose address is 1100 TOWN & COUNTRY ROAD, ORANGE, CA 92868 ('Lender'), Borrower,owes Lender the principal sum of Forty Two Thousand Nioe Hundred and oo/JOO------------,----------_______________ Dollars (U,S, $ 42,900,00 ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument ('Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on Januazy 1, 2029 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this pUf!XRe, Borrower does hereby mortgage, grant and convey to Lender the following described property located in .'.IIAMS l~ County, Pennsylvania: LEGAL DESCRIPTION A 17 ACHED HERETO AND MADE A PART HEREOF which bas the address of 515 S pm STREET Pennsylvania 17013 . PENNSYL VANIA-5lngl. Famlly..FNMAlFHLMC UNIFORM INSTRUMENT Form 3039 9/90 -'-6HIPAI t94'OI.02 Am.nd.Jl-1....:!(93 Pep 1 o's InlUllls:~ VMP MORTGAGE FORMS .C80OJ521.7Z91 TDPAl103f.Sl/98J PC CARUSLE [Zip Code) ("Property Address'); 1S1reet, City). EXHIBIT "A" 11~lltl~II~I~II!II~II~ . , J , TOGETHER WITH all the improvements now or hereafter eteeted on the property, and all easements, appunenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument as the "Property," BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to tbe Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note, 2. Funds for Taxes and Insurance. Subject to applicable law or 10 a wriUen waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may .aUain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (eJ yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums, These items are called "Escrow Items, " Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Seulement Procedures Act of 1974 as amended from time to time, 12 U,S,C, Section 260\ el seq, ('RESPA'). unless another law that applies to the Funds sets a lesser amount, If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount, Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items, Lender may not charge Borrower for holding and applying the Funds, annually analyzing the esceow account, or verifying the Escrow Items, unless Lender pays Borrol"er interest on the Funds and applicable law permits Lender to make such a charge, However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise, Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender may agree in writing. however, that interest shall be paid on lhe Funds, Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the putpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument, If the Funds held by Lender exceed the amounts permitted to be held by applicable law,' Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amOllllt necessuy to make up the deficiency, Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund 10 Borrower any Funds held by Lender, If, under paragraph 2\, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument, 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the NOle; second, to amounts payable under paragraph 2: third, to interest due; fourth, to principal due; and last, to any late charges due under the Note, 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions auributable to the Properly which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments, Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (aJ agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory 10 Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien which may auain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of lhe giving of notice, ') G -6HCPAJ 19410,.02 0> TDPA2 (03131/98) PC P_012018 1""lal'~ FOlm 3039 9/90 Loan No, 7988827-30780 ) . . , ..,. 5. Hazard or Property. Insurance. Borrower shall keep the improvements. now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods Ihal Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject 10 Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described ahove, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7, All insu,rance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause, Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds, Le~der may use the proceeds to repair or restore the Property or to pay sums secured by this Security 1nstrumenl, wbether or not tben due, The 30-day period will begin when the notice is given, Unless Lender and Borrower olberwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of thi: monthly payments referred to in paragrapbs 1 and 2 or change the amount of the paymenls, If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to Ibe acquisition sball pass to Lender to the extent of Ibe sums secured by this Security Instrument immediately prior to the acquisition, 6. Occupancy, Preservation, Maintenance and Protection or the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otberwise agrees in writing, wbich consent sball nol be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Propeny, allow the Property to deteriorate, or commit waste on the Property. Borrower sball be in default if any forfeiture action or proceeding, whether civil or criminal, is begun tbat in Lender's good faith judgment could result in forfeiture of tbe Property or otherwise materially impair tbe lien created by this Security Instrument or Lender's security interest, Borrower may cure sucb a default and reinstate, as provided in paragrapb 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impainnent of the lien created by this Security Instrument or Lender's security interest, Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information'or statements to Lender (or failed to provide Lender with any material information) in connection with tbe loan evideneed by the NOle, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument is on a leasehold, Borrower sball comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold and the fee tille shall not merge unless Lender agrees to the merger in writing, 7. Protection of Lender's Rights in the Property. If Borrower fails to perform tbe covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significanlly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations). then Lender may do and pay for whatever is necessary to protect the value of tbe Property and Lender's rights in the Properly, Lender's actions may include paying any sums secured by a lien which bas priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Lender does not bave to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to other terms of payment, these amounts sball bear interest from the date of disbursement at the Note rate and shall be payable, witb interest, upon notice from Lender to Borrower rcguesting payment, 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the Joan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially cguivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender, If substantially equivalenl mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid. by Borrower, wben the insurance coverage lapsed or ceased to be in effect, Lender will accept, use and retain Ibese payments as a loss reserve in lieu of mortgage insurance, Loss reserve 'n" //.:\1 ~039 9/90 Loan No. 7988827-30780 _.6HlPAJ 194101.02 TDP^'(Q3I3I~PC P.3D'. ) , . payments may no longer be required; at the option of Lender, if mortgage insurance .~verage (in the amount and for ihe period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained, Borrower sball pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance cnds in accordance with any written agreement between Borrower and Lender or applicable law, 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condenutation or other taking of any part of lhe Property, or for conveyancc in Iicu of condemnation, are hereby assigned and shall be paid to Lender, In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not tben due, with any excess paid to Borrower, In the event of a partial taking of the Propeny in whicb the fair market value of the Property immediately before the taking is egual 10 or greater than tbe amount of the sums secured by this Security Instrument immediately befote the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by tbis Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the laking, divided by (b) the fair market value of the Property immediately before the taking. Any balance sball 'be paid to Borrower, In the event of a partial taking of the Property in wbich the fair market value of Ibe Properly immedi~tely before the taking is less than tbe amount of the sums secured immediately before the taking, unless Borrower and Lender dtherwise agree in writing or unless applicable law otherwise provides, the proceeds sball be applied to the sums secured by this 'Security Instrument wbelber or not the sums are then due. If the Property is abandoned by Borrowcr, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after tbe date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either 10 restoration or repair of tbe Property or to the sums secured by this Security Instrument, wbether or not then due, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments, 11. BOlTOwer Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest, Lender shall not be required 10 commence proceedings against any successor in interest or refuse to. extend time for payment or otherwise modify amortization of the SUIDS secured by Ihis Security Instrument by reason bf any demand made by the original Borrower or Borrower's successors in interest, Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exeteise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefilthe successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17, Borrower's covenants and agreements shall be joint and several, Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent, 13. Loan Charges. If the loan secured by Ihis Security Instrument is subject to a law which sets maximum loan charges, and that law is finally intetpreted so that the interest or otber loan charges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal. tbe reduction will be treated as a partial prepayment without any prepayment charge under tbe Note, 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of anolher method, The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender, Any notice 10 Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located, In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Securily Instrument or the Note which can be given effect without the conflicting provision, To this end the provisions of this Security Instrument and the Note are declared to be severable, . 16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument. Inltl...t1':;;)) P.4 or 8 ~039 9/90 Loan No. 7988827-30780 _-6HIPAI19.,01.0. TOP,\.4 (1Ml/9W,l PC i i I I I I I I I I ! I , i 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 ,days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 18. Borrower's Right to Reinstate. If Borrower meets certain condilions, Borrower shall have the right 10 have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant 10 any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument, Those couditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged, Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effeclive as if no acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under paragraph 17, 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Sccurity Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer") that collects monthly payments due under the Note and this Security Instrument, There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other information required by applicable law, 20. Hazardous Substances. Borrower shall not cause or permit the presence, use. disposal, storage, or release of any Hazardous Substances on or in the Properly, Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply. to the presence, use, or storage on the Properly of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property, Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessaJ}', Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, As used in this paragraph 20, "Hazardous Subslances" are those substances defined as ,toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection, NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shan give notice to Borrower prior to acceleration fonowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shan notify Borrower of, among other things: (a) the deCault; (h) the action required 10 cure the default; (c) when the default must be cured; and (d) that failure to cure the deCault as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property, Lender shan further lnfonn Borrower of Ihe right to reinstate aCter acceleration and the right to assert in the foreclosure proceeding the non-exlstence of a deCault or any other deCense of Borrower to acceleration and foreclosure. If Ihe default Is nol cured as specified, Lender, at its option, may require immediate payment in fun of an sums secured hy this Securily Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to conect an expenses incurred in pursuing the remedies provided in this paragraph 21, including, bul not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release, Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void, After such occurrence, Lender sball discharge and satisfy this Security Instrument to Borrower, Borrower shall pay any recordation costs, Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law, 23. Waivers, Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time. exemption from attachment, levy and sale, and homestead exemption, 24. Reinstatemenl Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to tbe commencement of bidding at a sheriffs sale or other sale pursuant to this Securjty Instrument, 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower 10 acquire title to the Property, this Security Instrument shall be a p~rch~e money mortgage, .~ J co. -6H(PA} (94101.02 TOP'" (03131/98) PC PIJQIISI~6 ~ _J ....\.: I I I I , j I ii " :l I " I I I ~ ( ! i ,I IN"~ Form 3039 9/90 Loan No. 7988827-30780 I..) """. " 26. Interest Rate After Juor,odent. Borrower agrees that Ibe interest rate payable after a judgment is entered on Ibe Note or in an aclion of mortgage foreclosure sban be the rate payable from time to time under tbe Note, 27. Riders to tbis Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrnment as if the rider(s) were a part of this Security Instrument, [Check applicable box(es)) o Adjustable Rate Ri!ier o Graduated Payment Rider o Balloon Rider o VA Rider o Condominium Rider o Planned Unit Development Rider ORale Improvement Rider o Other(s) [specify) 01-4 Family Ridcr o Biweekly Payment Rider o Second Home Rider (SelIl) -Borrower (Seal) -Bonowcr CertIfIcate of Residence I, the within-named Mortgagee is , do bereby certify that the conect address of Witness my band Ibis 1100 TOWN & COUNTRY ROAD ORANGE, CA 92868 day of Alent of Monaaa'" COMMONWEALTH OF PENNSYLVANIA, ~ b)~0~ known to me (or satisf'\FIorily proven) to be the person wbose name ~ subscribed to the within instrnment and acknowledged tbat .JlL executed the same for the purposes herein contained, IN ~ESS ~EREOF, I bereunto set my band and official seal. ~ ~ ~ \4k ') My ComrmsslOn Expires: P n.. , l h Notarial Seal Kelly S, Baker. Notary Public Carlisle Baro. Cumberland County My Commission Expires Feb. 7, 2000 :'.9:'.11.18 ~~ l~~ County 55: On this, the personally appeared , before me, the undersigned officer, G .6HIPAI194,ol.02 iD TDPA6(031311981 PC Tide of Officer !,', Illt>N Pcnns~'I"'ilnij) Asr-'..r.la1Ion 01 NfI!it".~1S Page6of8 Form 3039 9/90 Loan No. 7988827-30780 ,. -", LOAN NO. 7988827-30780 NOTE December 11, 1998 [Olte) ORANGE CA [State) (City) 515 S PITl'STREET CARLISLE, PA 17013 [Property Addn:ssl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U .5, $ "principal"), plus interest, to the order of the Lender, The Lender is 42,900.00 (this amount is called , I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under Ihis Note is called the "Note Holder, " 2. INTEREST Interest will be charged on unpaid prineipa[ until the full amount of principal has been paid, I will pay interest at a yearly rate of 10.600 %, The inleresl rale required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8) of this Note, 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month, I will make my monlhly payments on the FIRST day of each month beginning on February I, 1999 , I will make these payments every month until. I have paid all the principal and i!lterest and any other charges described below that I may owe under this NOle, My monthly payments will be applied to interest before principal. If, on .January I " 2029 , I still owe amounts under Ihis Note, I will pay Ihose amounts in full on that date, which is called the 'Maturity Date, " I will make my monthly payments at ORANGE, CA 92868 (B) Amount of Monthly Payments My monthly payment will be in the amount of U,S. $ 395.64 4. BORROWER'S RIGIIT TO PREPAY ~~~. ~a months' udvancc interest on the amount prepaid which is in excess or twenty percent (20%) or the original principal amount. 5, LOAN CHARGES If a law, which applies to this loan and which sels maximum loan charges, is finally inlerpreted so that the interesl or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount.necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a dirFct payment to me, If a refund reduces principal, the reduction will be treated as a partial prepayment, 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFrEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default, LONG BEACH ,MORTGAGE COMPANY 1100 TOWN & COUNTRY ROAD or at a different place if required by the Note Holder, :W" LOAN NO. 7988827-30780 (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount, That date must be at least 30 days after the date on which the notice is delivered or mailed to me, (D) No Waiver By Note Holder Even if, at .. time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described abOve, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note 10 the extent not prohibited by applicable law, Those expenses include, for example, reasonable attorneys' fees, 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail 10 me at Ihe Property Address above or at a different address if I give the Note Holder a notice of my different address, Any nOlice that must be given 10 the Note Holder under this Note will be given by mailing it by first class mail 10 Ihe Note Holder at the address stated in Section 3(A)above or at a different address if I am given a nOlice of Ihat different address, 8, OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, inc1uding the promise to pay the fun amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things, Any person who takes over these obligations, 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, The Nole Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9, WAIVERS I and any other person who has obligations under Ihis Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Nole Holder to demand payment of amounts due, "Notice of dishonor" means the right to require the Note Holder 10 give notice to other persons Ihat amounts due have not been paid, 10, UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions, In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trusl or Security Deed (the "Security lnslrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note, That Security Instrument describes how and under what conditions I may be required to mal(e immediate payment in full of all amounts I owe under this Note, Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower, If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower nOlice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, 6a<~o J.)Z GARY 0 ARDECKER SSN: 210-40-4707 (Seal) (Seal) -Borrower -Borrower SSN: (Seal) ..Borrower (Seal) -Borrower SSN: SSN: [Sign Original Only] PENNSYLVANIA FIXED RATE NOTE ~ 414Q321% (01128197) JC -4140321197011 ,. Pagl2ot2 '" ' 1"-' -'I;,' Recording Requested By/Return To: LONG BEACH MORTGAGE COMPANY P,O, BOX 11490 SANTA ANA, CA 92711 Loan No. 7988827-30780 Parcel Number: 04-22-0483-073 ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein 1100 TOWN & COUNTRY ROAD ORANGE, CA 92868 assign, transfer and convey, unto The Chase Manhattan Bank "Assignor") whose address is , does hereby grant, sell, , a corporation organized and existing under the laws of Delaware {herein "Assignee"), whose address is 450 West 33rd Streetr 14th Floor New Yor~L NY 10001-2697 a certain. Mortgage dated December 11, 1998 , made ana executed by GARY 0 W ARDECKER whose address is to and in favor of 515 S PITT STREET, CARLISLE, PA 17013 LONG BEACH MORTGAGE COMPANY following described property situated in ~s CUMBERLAND Commonwealth of Pennsylvania: LEGAL DESCRIPTION ATIACHED HERETO AND MAQE A PART HEREOF upon the County, such Mortgage having been given to secure payment of Forty Two Thousand Nine Hundred and nol1oo-------------------------~-- ($ 42,900.00 ) (Include the Original Principal Amount) which Mortgage is ofrecord in Book, Volume, or Liber No, 1505 , at page ,757 (or as No, ) of the Records of Cumber 1 and County, Commonwealth of Pennsylvania, together with the note(s) and obligations therein described and the money due and to becol!le due thereon with interest, and all rights accrued or to accrue under such Mortgage, TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to the tenns and conditions of the above-described Mortgage, Pennsylvania Assignment of Mortgage I ~;;~::::~:~::MS .1.O~::';I::72.,10/97 11111111111~1~11111111111~llillll,1111 ASSIGN]A(07J07I98)PC PIp lof2 EXHIBIT "B" 1-,< A..-'> ,,-I. ~ Jil" IN WITNESS WHEREOF, the undersigned Assignor has executed Ihis Assignment of Mortgage on December 16, 1998 , T> Y""7 Wibless tJ6~ He", t /}.-:!- ~ &'4r1. ft1dd ~,:.r ~"41V (Assisnor By: Wibless Agent By: Agenl Attest (Authorized OffICer) Seal: This Instrument Prepared By: LONG BEACH MORTGAGE COMPANY 1100 TOWN & COUNTRY ROAD, ORANGE, CA 92868 , tel. no,: , , address: State of California County of ORANGE On December 16 , 1998 , before me K. Keleher , personally appeared Betty Johnson and Cheryl Pakulak , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, V U _ /l _ J. . WITNESS my hand and official seal. ~ K. Keleher .,995(PAI '9710'.01 ~ ASSION_PA2(C11K11I98)PC Page2of2 Pege2013 LOAN NO. 7S188127.307SO UBfI-lER . ft. . .... ... c:.... ,.....W...IM...1..'......U. - ... Ha\lQN*:-~'''' .. . -QUtIlr , .... ...--- . .. ",3lIII M/Can'Illo~\fIIP I, . .-.,-.>4, . LEGAL DESCRIPTION - ALL those two certain lots of growtd situate on the east side of South Pitt Street in the Third W8l'd ofllte Borough of Carlisle, Cwnberland COWlty, Pennsylvania, bounded and described as follows: LOT NO, I: BEGINNING at a point on l1\e easll;rn building line of South Pitt Street, said point being 116,2 feet south of the southern building line of Willow Slreet and being in the cenler of partition between the property herein conveyed and the property now or formerly of Seibert A, Myers, et al,; thence through the center of said partition, South 83 degrees 47 minutes East 110 feet to the western line ofa ten-fool publio alley; thence along said line, South 6 degrees 13 minutes West 16 feet to the cenler of partition between the property herein conveyed and the property now or fqrmerly of Warren H, Boisvert and wife; thence through the ceoler of said partition. North 83 degrees 47 minutes W,m J 10 feet to the eastern building lineofSciuth Pitt Street; thence along said 1ine. North 6 degrees 13 minutes East 16 feet to the place of BEGINNING, , Said lot being improved wilb a two and one-half story frame house known as No, 51 S South Pitt Street, and being attached on the north and south to Nos, S 13 and S 17 South Pitt Street, respectively, LOT NO, 2: BEGINNING at a point on the eastern side of the aforesaid public alley; said point being 128,83 feet south of the southern building line of Willow Slreet and being at Ibe southwestern comer of a lot owned now or formerly by Seibert A, Myers. et aI,; thence South 83 degrees 47 minutes East 70 feet to the land now or fonnerly Of Meals' Estate; thence South 6 degrees 13 minutes West IS feet along said lands to the line of lot owned now or formerly of Warren R Boisvert and wife; thence along same. North 83 degrees 41 minutes West 70 feet to the eastern line of said alley; thence along said line, North 6 degrees 13 minutes East I S feet to the place of BEGINNING, Said lot having a frontage on said alley of I S feet and extending at an even widlh 70 feet to the land BOW or formerly of Meals' Estate, and being located southeastwardly from the rear of Lot No, I herein. .@;J ~ .. , ' ~ '''''''~,;k ALL those two certain lots of ground situate on the east side of South Pitt Street in the Third Ward of the Borough of Carlisle. Cumberland County. Pennsylvania. bounded and described as, follows: LOT NO.1: BEGINNING at a point on the eastern bUilding line of South Pitt Street. said point being 116,2 feet south of the southern bUilding line of Willow Street and being in the center of partition between the property herein conveyed and the property now or formerly of Seibert A, Myers. et al,; thence through the center of said partition. South 83 degrees 47 minutes East 110 feet to the western line of a ten-foot public alley; thence along said line. South 6 degrees 13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of Warren H, Boisvert and wife; thence through the center of said partition. North 83 degrees 47 minutes West 110 feet to the eastern building line of South Pitt Street: thence along said line. North 6 degrees 13 minutes East 16 feet to the place of BEGINNING, Said lot being improved with a two and one-half story frame house known as No. 515 South Pitt Street. and being attached on the north and south to Nos, 513 and 517 South Pitt Street. respectively. LOT NO, 2: BEGINNING at a point on the eastern side of the aforesaid public alley. said point being 128,83 feet south of the southern bUilding line of Willow Street and being at the southwestern corner of a lot owned now or formerly by Seibert A, Myers. et al; thence South 83 degrees 47 minutes East 70 feet to the land now or formerly of Meals' Estate; thence South 6 degrees 13 minutes West 15 feet along said lands to the line of lot owned now or formerly of Warren H, Boisvert and wife; thence along same. North 83 degrees 47 minutes West 70 feet to the eastern line of said alley; thence along said line. North 6 degrees 13 minutes East 15 feet to the place of BEGINNING, Said lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or formerly of Meals' Estate. and being located southeastwardly from the rear of Lot No. 1 herein. SUBJECT. HOWEVER. to such easements. restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. BEING THE SAME PREMISES which Millard E, Wardecker and Martha M. Wardecker. husband and wife. by their Deed dated December 11. 1998. and recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Deed Book 190. Page 1054. granted and conveyed unto Gary 0, Wardecker. Parcel No. 04-22-0483-073. EXHIBIT "C" 1< L.; (610) 317.()778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW THE BLAIR BUllDlNO ROUTE 378 SOUTH 8< WALTER AVENUE BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 ACT 9l NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the rnortaaaeon your home is in default. and the lender intends to foreclose. Soecific information about the nature of the default is oroyided in the attached oaaes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to heloto saye your home. This Notice exolains how the proaram works. To see if HEMAP can helD you. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF; THE DATE OF THIS NOTICE. Take thi s Notice with you when you meet with the Counselina aaency. This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it, ~ou.may also want to contact an ~ttorney in your area, The local bar aSsoclatlon may be able to help you flnd a lawyer, LA NOTIFICACION EN ADJUNTO ES DE 'SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT "D" . - '".-~'--~ _' 'a'" '0 _ Mr, Gary 0, Wardecker 515 South Pitt Street Carlisle. PA 17013 Page 2 February 29. 2000 HOMEOWNER'S NAME(S): GARY 0, WARDECKER PROPERTY ADDRESS: 515 SOUTH PITT STREET. BOROUGH OF CARLISLE. CUMBERLAND COUNTY. PENNSYLVANIA 17013 LOAN ACCT, NO,: ORIGINAL LENDER: 7988827 LONG BEACH MORTGAGE COMPANY CURRENT LENDER/SERVICER: LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time. you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS, IF YOU DO ,NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP JO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer creait counseling agencies listed at the end of this notice. the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names. addresses and teleohone numbers of desiQnated consump.r credit counselinQ aQencies for the county in which the orODerty is located are set forth at the end of this Notice, It is only necessary to schedule one (1) face-to-face meeting. Advise your lender immediately of your intentions. 0" '" "~'-~ I,; Mr, Gary 0, Wardecker . 515 South Pitt Street Carlisle. PA 17013 Page 3 February 29. 2000 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default), If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so. you must fill out. sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by .the Agency under the eligibility criteria established by the Act: The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BrinQ it UD to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 515 SOUTH PITT STREET, BOROUGH OF CARLISLE. CUMBERLAND COUNTY, PENNSYLVANIA 17013 IS SERIOUSLY IN DEFAULT because: .-M_C" ,-,. '. .:.:' Mr, Gary 0, Wardecker 515 South Pitt Street Carlisle. PA 17013 Page 4 February 29. 2000 A, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the fo 11 owi ng dates and the following amounts are now past due: REGULAR MONTHLY PAYMENTS OF $395,64 FOR 11/99 THROUGH AND INCLUDING 02/00 (4 PAYMENTS) TOTALING. $1,582.56 Other charges (explain/itemize): LATE CHARGES OF $94,96: MISCELLANEOUS FEES OF $31. 50: BPO OF $125.00: AND PROPERTY INSPECTIONS OF $30,30 TOTALING $281,76 B, TOTAL AMOUNT PAST DUE: $1.864,32 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not app 1 icable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS $ 1.864,32 . PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH 8ECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check. certified check or money order made oayable and sent to: MS, HEATHER POTEE, FORECLOSURE ASSOCIATE LONG BEACH MORTGAGE COMPANY 1100 TOWN & COUNTRY ROAD ORANGE. CA 92868. You can cure any other default by taking the follOWing action within THIRTY (30) DAYS of the date of this letter, (Do not use if not aoolicable,) N/A IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice. the lender intends to exercise its riahts to accelerate the mortaaae debt, This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS. the lender also intends to instruct its attorneys to start legal action to foreclose uoon your mortaaaed orooerty, IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt, If the lender refers your case to its attorneys. but you cure the delinquency before the lender begins legal "k_.1 ,,-,,-, J, ~, Mr, Gary O. Wardecker 515 South Pitt Street Carlisle, PA 17013 Page 5 February 29. 2000 proceedings against you. you will still be required to pay the reasonable attorney's fees that were actually incurred. up to $50,00. However. if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50,00, Any attorney' s fees wi 11 be added to the amount you owe the 1 ender. whi ch may also include other reasonable costs, If vou cure the default within the THIRTY (30) DAY Deriod, vou will not bereauired to Dav attornev's fees, OTHER LENDER REMEDIES - This lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun. YOU still have the riaht to cure the default and Drevent the sale at any time UD to one (ll hour before the Sheriff's Sale. You may do so by Dayina the total amount then past due, Dlus any late or other charaes then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as sDecified in writina by the lender and by Derformina any other requirements under the mortaaae, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIijLE SHERIFF'S SALE DATE ~ It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) m~nt~s from t~e date of this Notice, A notice of the actual date of the Sherlff 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 or action will be by contacting the lender, HOW TO CONTACT THE LENDER: , Name of Lender: Lona Beach Mortaaae Comoanv Address: 1100 Town & Country Road. Oral1lae. CA 92868 Phone Number: (714) 541-5378 Extension 3371 Fax Number: (714) 543-9164 Contact Person: Ms. Heater Potee. Foreclosure Associate EFFECT OF SHERIFF~S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it, If you continue to live in the property after the Sheriff's Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, I _ , ~ _. I . _ '" Mr, Gary 0, Wardecker 515 South Pitt Street Carlisle. PA 17013 Page 6 February 29, 2000 ASSUMPTION OF MORTGAGE - You mayor X may not (CHECK ONE) sell or transfer your home 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 of the mortgage are satisfied. YOU HAY ALSO 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. . TO HAVE THIS DEFAULT CURED BY AHY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN AHY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN AHYFORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT AHY OTHER DEFENSE YOU BELIEVE YOU HAY HAVE TO SUCH ACTION BY THE LENDER. ' . TO SEEK PROTECTION UNDER THE FEDERAL BAHKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY SEE ATTACHED LIST Very FRANK L, MAJ ZAN. FLM,JR:jl CERTIFIED MAIL/RETURN RECEIPT REQUESTED FIRST CLASS MAIL/CERTIFICATE OF MAILING' cc: Ms, Heather Potee Long Beach Mortgage Company CUMBERLAND COUNTY CCCS of Western Pennsylvania. Inc, 2000 Linglestown Road Harrisburg. PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N, 6th Street Harrisburg. PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg. PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro. PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle. PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St, Gettysburg. PA 17325 (717) 334-1518 FAX (717) 334-8326 ~ .~ ~..t. ~ ~ (g; ;]r:t:";":: gPR {J FE>- .:,~-'~~f~!FF .. TY ~ ~ ~ . , , I~" , , ' _ e [ . ~-{\: ~ JUN 1 3 20~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION LONG. BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. NO. 2000-2529 Civil Plaintiff vs, CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle. PA 17013. Defendant ORDER DIRECTING METHOD OF SERVICE AND NOW. this 1'1'" day of 'Ju...... . 2000, upon consideration of the within Motion for Alternate Service pursuant to Special Order of Court. it is hereby ordered and directed that the Sheriff of Cumberland County make service of the Complaint in Civil Action - Mortgage Foreclosure and any other legal documents which need to be served upon Defendant. Gary 0, Wardecker. by posting the subject premises situate at. and known as. 515 South Pitt Street, Carlisle. Cumberland County, Pennsylvania. and Plaintiff is ordered and directed to make service of the Complaint in Civil Action - Mortgage Foreclosure and any other legal documents which need to be served upon Defendant. Gary 0, Wardecker. by mailing a copy of same by Certified Mail/Return Receipt Requested and First Class Mail/Certificate of Mailing to Defendant at his last known address of 515 South Pitt Street. ~ ~ ~ ~ -.. ^~~ ^ ,'~ ,"1' . Oi: 00 Jl!N It, _d FiU:[;'"O:<FICE ."-'1:)\':,) Il\fiY I'" '3 , ,.. "il'l ' ... f ~,'.! ...., CUtvlI3Ci~U\'\iD GOU;\iT'( PENNSYLv~NIA ' '""~ ,~ ' ~ I --~.<..'~- UIUlITIIWII, " ___""""",""!"~~;",:,,..,,,,"; "~"i'''''!i''f'P''''''l'_'''!'''>'''V''''j-'''''''~1~11!,'"'''Wj"!1'~'IH~.~f!!t'lf'\f,'F.'O!!I$l~lW;lIIt;l!\lI!IJ!ji1!i!!i~~\lPi ,.. . J-...-_;; Carlisle. Pennsylvania 17013. and the above-mentioned shall constitute good and sufficient service pursuant to Pa. R.C,P. 430 and Local Rules of Court. BY THE COURT: Frank L, Majczan. Jr.. Esquire The Blair Building Route 378 South & Walter Avenue Bethlehem. PA 18015 Gary O. Wardecker 515 South Pitt Street Carlisle. PA 17013 2 niL ~~ C~'Jj'OO R~~ L , ~ 6" FRANK L. MAJCZAN, JR., ESQUIRE Attorney I,D. No. 17638 The Blair Building Route 378 South and Walter Avenue Bethlehem, PA 18015 (610) 317-0778 Attorney for Plaintiff LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92868. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff NO. 2000-2529 Civil vs, GARY 0, WARDECKER 515 South Pitt Street Carlisle, PA 17013. Defendant CIVIL ACTION - MORTGAGE FORECLOSURE MOTION FOR ALTERNATE SERVICE Plaintiff, LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK, by and through its counsel, FRANK L. MAJCZAN, JR., ESQUIRE, hereby respectfully submits: 1. A Complaint in Civil Action - Mortgage Foreclosure as captioned above was filed in the Office of the Prothonotary of Cumberland County on April 24, 2000, against Defendant's property situate at, and known as, 515 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, 2. The Sheriff of Cumberland County attempted to serve Defendant at 515 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, but was " , L kl!li~_,: unable to do so. A copy of the Sheriff's Return - Not Found is attached hereto. marked Exhibit "A". and is intended to become a part hereto. 3, Plaintiff has conducted an investigation in order to determine the whereabouts of Defendant as set forth in the attached Affidavit. 4. Notwithstanding the investigation as set forth in the within Affidavit. Plaintiff has been unable to find any additional information as to the whereabouts and location of Defendant. WHEREFORE. Plaintiff respectfully requests Your Honorable Court to direct the Sheriff of Cumberland County to make service of the Complaint in Civil Action - Mortgage Foreclosure and any other legal documents which need to be served upon Defendant. Gary O. Wardecker. by posting the subject premises situate at. and known as 515 South Pitt Street, Carlisle. Cumberland County. Pennsylvania. and to direct Plaintiff to make service of the Complaint in Civil Action - Mortgage Foreclosure and any other legal documents which need to be served upon Defendant. Gary O. Wardecker. by mailing a copy of same by Certified Mail/Return Receipt Requested and First Class Mail/Certificate of Mailing to Defendant at his last known address of 515 South Pitt Street. Carlisle. Cumberland County. Pennsylvania 17013. and the above-mentioned shall constitute good and sufficient service pursuant to Pa. R.C,P. No. 430 and Local Rules of Court, DATE: June 7. 2000 ATTORNEY FOR ATTORNEY 1.0. 2 , . to, SHERIFF'S RETURN - NOT FOUND .' CASE NO: 2000-025 . P '-'" . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ LONG BEACH MORTGAGE CO VS WARDECKER GARY 0 R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT WARDECKER GARY 0 but was unable'to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , WARDECKER GARY 0 DEFT, COULD NOT BE LOCATED AT ADDRESS STATED PRIOR TO EXP, DATE, P,O, STATES THAT ADDRESS IS VALID Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18,00 15,50 5,00 10,00 ,00 48,50 s~~ R, Tomas Kline - Sheriff of Cumberland County FRANK L, MAJCZAN, JR, OS/24/2000 Sworn and subscribed to before me this day of A,D. ~lE!ClE~'\4IE~ MAY 2 5 2000 I ------------ --- Prothonotary EXHIBIT "A" l . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. NO. 2000"2529 Civil Plaintiff vs. CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle. PA 17013. Defendant AFFIDAVIT OF REASONABLE INVESTIGATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON SS: I. FRANK L, MAJClAN. JR.. ESQUIRE. being duly sworn according to law. deposes and says that he is counsel for Plaintiff in the above~captioned Civil Action in Mortgage Foreclosure: that he has the personal knowledge concerning the facts set forth in the attached Motion for Alternate Service pursuant to Pa. R,C.P. No, 430 and Local Rules of Court: that he has authority from the Plaintiff to make this Affidavit; and that the facts set forth in the Affidavit are true and correct to the best of his knowledge. information and belief. to wit: That he has attempted to locate the whereabouts of the Defendant in the above case by conducting a reasonable search. which search included the following: "" .'i. -k, . 1, That he sent a Request for Change of Address or Boxholder Information Needed for Service of Legal Process to the U.S. Postmaster in Carlisle, Pennsylvania 17013. on May 25, 2000, regarding the address of Defendant, Gary 0, Wardecker. at 515 South Pitt Street, Carlisle. Pennsylvania 17013. A copy of the Request for Change of Address or Boxholder Information Needed for Service of Legal Process returned by the U.S. Postmaster with the notation of "Moved. left no forwarding address" is attached hereto. marked Exhibit "A". and is intended to become a part hereof. 2. That he has contacted the Pennsylvania Division of Motor Vehicles with respect to the location of Defendant but was unable to obtain any driver information without a Court Order due to the provisions of the Federal Driver's Privacy Protection Act, 3, That he has contacted Directory Assistance in Pennsylvania for any new listing for Defendant and was informed that the Defendant's telephone listing was (717) 243-6670. Upon dialing said number. he was informed by a telephone company recording that the number was disconnected or no longer in service. 4. That he has attempted to locate persons of a similar name to Defendant. FRANK L, MAJCZAN. JR., ESQUIRE, further deposes and says that after attempting to locate the Defendant by conducting a reasonable search as 2 - . 1.- '-"" k . indicated above, he has been unable to find any additional information as to his whereabouts and location. SWORN TO AND SUBSCRIBED before me this 7th day of June. 2000. ~~t ~'.R1 Nary Pub 1 i c . NOTARIAL SEAL JANET LICHTY. Notal}' Public 1taI1Over. TIWP, '.. Norlhamplllll County . COlnIIIilIsloIl Ex ires J 2003 3 1'---'" ,-_"'~ I _.J MAY-31-00 10:05 AM CARLISLE.POST.OrFICE . 717 243 5990 P..01 .,,-.. ","", . . (610) 317.oT18 FRANK L. MAJCZAN, JR. ATrOllmV AT LAW TIlE BLAIR BUILDlNO ROUT!! 378 SOUTH ol WALTER AVI!NUB IlB11ILEHEIII, PENNSYLVANIA 18015 PAX (610) 31Hl'I82 Postmaster CARLISLE PA 17013 City, State, ZIP Code Date MAY 25 2000 Request for Chlnge of Address or Boxholder Information Needed for Service of Legll Process Please furnish the new address or the name and street address (1f a boxholder) for the following: Name: GARY 0 WARDECKER Address: 51 TH PITT TR T LE PA 17013 NOTE: T e name an ast nown a ress'are requlre or change ofa known, and post office box are reQU1red for boxholder information. The following information is provided in accordance with 39 CFR 2eS,6(d)(6)(1i). There is no fee for provid1ng bo~holder information, The fee for providing change of address information 1s waived in accordance wlth 39 CFR 265,6(d)(l) and (2) and corresponding Admin1strative Support Manual 352,44a and b. 1, Capacity of requester (e,g" process server. attorney. party representing himself): ATTORNEY 2, Statute or regulation that empowers me to serve process (not required when requester in an attorney or a party acting pro 5e - except a corporation act1ng pro 59 must cite statute): NfA 3. The names of all known parties to the litigation: LONG BEACH MORTGAGE CDMPANY Serv1cer for THE CHASE MANHATTAN BANKvs GARY 0 IjAROECKER .. 4, The court in which the case has been or will be heard: PENNSYLVANIA - CIVIL DIVISION 5, The docket or other identifying number if one has been issued: NO, 2000-'5'9 Civil 6, The capacity 1n which this individual is to be served (e,g, defendant or w1tness): DEFENQANT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. WARNING THE SUBMISSION OF FAlSE INFORMATIll,N TO OBTAIN ANO USE CHANGE OF ADDRESS INFORMATION OR BDXHOlOER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL AROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PE~lTIES INCLUDING A FINE OF UP TO 110,000 DIlIMPRISONMENT DR (21 TO AVOID PAYMENT Of THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT HORE THAN S YEARS, DR BOTH E 18 U,S.C, SECTI 10011. ormat10n 1s true and that the address 1nformation 1s needed and Will be used process in connection with actual or prospect1ve litigation. The Bla1r Building Route37B South and Walter Avenue Address,' ~ lE<ClE ~'-fIE1Q) MAY 3 ': 2000 aethl~hem. PA 18015 Ci ty , tate. ZIP Code FOR POST OFFICE USE OML Y _ No change of address order on file, ..N;WAOORESS or ,'" . ,.~I" ./- ~~:"i:"'''''', ~.:'i.'/ o~.::"':;-') , \.jw) i l,~,t:>:.,/ "_..,~.' FRANK L, MAJCZAN JR Pri nte ame BOXHOLOER'S POSTMl\RK Not known at address given, -::x:. Moved. left no forwarding address. ______ No such address. NAME and STREET ADDRESS ...-, : --------------- EXHIBIT "A" ~tlliillll'ilii~IIl'm!:~.I11.J!I"!!tl,;"..,m"I;'*I1".~..,~OI!dM_<ti..."j,,,:, ',<," "lE'",M"'4,,,_,.,,,",",MllIllilll:IiIf.ilI~~&,'lillil..:.,r,,,,....~1!t_""'J~'_m""'Ll. J (') c:.: :'O~ r/1-\-" 2,t" 2:1-::-':' U.;,,)-;,., 2f5 ~() pro, ~~ ::< - 'I c:;) r.:::;::; (-- ~"i Cl ~J'] :;:} ;'i';,~D "-...:; (;:~'~:!3 ::,~:,;,-() ,~W i!j sj -< :..~~! "-'-. ~ "" (:;:, .. , " - I _c~l", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92868. Plaintiff vs. GARY O. WARDECKER 515 South Pitt Street Carlisle, PA 17013, Defendant NO. 2000-2529 Civil CIVIL ACTION - MORTGAGE FORECLOSURE PRAECIPE FOR RE-INSTATEMENT TO THE PROTHONOTARY OF SAID COURT: Date: June 14. 2000 IRE ~!~;o;;M:Il~~illl!!,''''-io-,"~~:ii!'-lbIllW~ibW~,'4;:;:;'::"'''~'''''';,IH'rk>'',"~,"""",,j<1lWMIII,"<>-),t\lID'w.l,,~~Iil~' -""'". ~dOll"ill'"' ^"".'" -- >. ._J ~, o c -~ U:s., rnfR 2"". 2r" w.,;t> r>~; ):S ~~ .:2:>.) ):;:..0 C 2 =< W <Jl "'2liI'i ~ ..., ,-., , a e.::) '-. ;; () -,./ .-;t 0'. '-,~1r.TJ " ,. ,;;~ -;;;rT; -'-'::~ $ -< :3! " ~ -. ~ I,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. NO, 2000-2529 Civil Plaintiff vs. CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle. PA 17013. Defendant PRAECIPE FOR RE.INSTATEMENT TO THE PROTHONOTARY OF SAID COURT: Date: June 19. 2000 ., ESQUIRE ~M~Jl\'jiOlilf~~",,~JIII,rlfullmlidm;_nltHI1~.iiIl:!~m;6,;'I,n>;;r,1!l'$,",Wti>;(il~~I.lt;m.'''hH",,~jJi'~WIfI.!i!i ......MJUa' ~"""I:ii!!t ~ ~ ,.;.."""" o ~" .,- 2' "1'JOS III [:~-- Z:':,.- ~\--: ~(~.~ ?c -=Cl J>C ~ ...< C) C') >.J c..::.' .-"Gl --,;->" :.,j S}l ""1-.... :l.J --< ::? ....J , _~I l,,! SHERIFF'S RETURN - REGULAR CASE NO, 2000-02529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LONG BEACH MORTGAGE CO VS WARDECKER GARY 0 HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WARDECKER GARY 0 the DEFENDANT , at 0013:55 HOURS, on the 21st day of June , 2000 at 515 SOUTH PITT ST CARLISLE, PA 17013 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED, ORDER DIRECTING METHOD OF SERVICE and at the same time directing His attention to the contents thereof, Sheriff's Costs, Docketing Service POSTING Surcharge 18.00 3,10 6,00 10,00 .00 37,10 So A~:;::~' . ~ r~.fft"! R, Thomas Kline me this t..,t!::. day of 06/22/2000 FRANK L, MAJCZAN, JR, By: ~~ fJ Deputy She~~/ Sworn and Subscribed to before 9'~- AD t2. 7'bIl:l~. -' ^ P othonotary ,~~ ~: ~ FRANK L. MAJCZAN, JR., ESQUIRE Attorney I,D, No. 17638 The Blair Building Route 378 South and Walter Avenue Bethlehem, PA 18015 (610) 317-0778 Attorney for Plaintiff LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff NO, 2000-2529 Civil vs, GARY 0, WARDECKER 515 South Pitt Street Carlisle. PA 17013, Defendant CIVIL ACTION - MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON ~.: I. FRANK L. MAJCZAN, JR" ESQUIRE. counsel for Plaintiff. LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK. do hereby certify that true and correct copies of the Reinstated Complaint. Order Directing Method of Service. Motion for Alternate Service and Affidavit of Reasonable Investigation were mailed to Defendant, Gary O. Wardecker, by letter dated June 22, 2000, and sent by Certified Mail/Return Receipt Requested and First Class Mail/Certificate of Mailing to 515 South Pitt Street. Carlisle. Pennsylvania 17013. Copies of the letter of transmittal. Receipt for ~~ ..J " Certified Mail and Certificate of Mailing are attached hereto. made a part hereof and collectively marked Exhibit "A." ~. SWORN TO AND SUBSCRIBED before me this 23rd day of June, 2000. FRANK L. MAJCZAN ATTORNEY FOR PL ATTORNEY I.D. N . ~moDf,;J,1t NOTARY PUBLIC NOTARIAL SEAL JANET lICHTY, Not:iPublk: Hanover TWIl.. NoIIh County Commission Ex 28, 2003 2 1-. J ~, ""-,,,..l (610) 317'()778 FRANK L. MAJCZAN. JR. ATTORNEY AT LAW THE BlAIR BUILDING ROUTE 378 SOUTH <!< WALTER AVENUE BETHLEHEM, PENNSYLVANIA lB015 FAX (610) 317'()782 June 22. 2000 Mr. Gary 0, Wardecker 515 South Pitt Street Carlisle. PA 17013 RE: LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK vs. GARY O. WARDECKER - NO. 2000-2529 Civil Cumberland County, PA Dear Mr, Wardecker: Enclosed please find a time-stamped copy of the Reinstated Complaint. together with copies of an Order Directing Method of Service. Motion for Alternate Service and Affidavit of Reasonable Investigation. served upon you as named Defendant. relative to the above-captioned matter, Enclosures CERTIFIED MAIL/RETURN RECEIPT REQUESTED FIRST CLASS MAIL/CERTIFICATE OF MAILING EXHIBIT "A" ~ r r- .... f'I'1 r- ..... ru CI CI Postage S CElrtified Fee R9l:um ReC6lpt Fee (EndOl'S8mltntRequlrecl) ~rcted Delivery Fee (Endorsement RequIred} CI CI .Jl C Total Postage & Fees $ N~ JP./eastl Print CleBtf>> (to be comE!l!ted by mal/ar) MR, GARY u. WARuECKER t:J "i;tiHr"APt:1Jo.; or~,~------ CI 515 SOUTH PITT STREET CI 'CiiY.""'''''p.......n...___m..._.. r- 'e~~['ISLE, PA 17013 , , I,,, hi, T' I. See R"yursu 'or Inslrllctlons .,,-, ." Ul ." 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"1 '< 0"'" ~O ::& ~,,"6 "'- fTl ,,0 w 9 ~ .- N ?i .0 . ;.. ,1 J. ~~~~ " ~ ... , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92B6B. File No. 2000-2529 Ci vil Plaintiff vs, CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WAROECKER 515 South Pitt Street Carlisle. PA 17013, Defendant PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against: Defendant for want of an aooearance and/or resoonsive pleadinG ( x) Assess damages as fo 11 ows: Debt - -- -- u u. _. __ u u_._ ___ u._ Interest from 04/05/00 Attorney's Commission -...------- TOTAL -. - u . u _ - _ _ . _ . u - . . u u . _ _ $ 45,370.53 1. 464. 3B 4.274,44 $ 51.109,35 ( x) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint, ( ) Pursuant to Pa,R,C,P, 237 (notice of praecipe for final judgment or decree). I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record, ( x) Pursuant to Pa,R,C,P, 237,1. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record. if any. after the de ult occurred at least ten days prior to the date of the filing of this Praecipe an py of the ic is attached, DATE: Ju 1 y 31. 2000 re: Print Name: Attorney for: PlA NT F Address: THE BlA R UI ROUTE 37B SOUTH & BETHLEHEM, PA 1B015 Telephone: (610) 317-077B Supreme Court ID No,: 1763B NOW. ~ J,. L'f .1 J 20...Q.Q.... JUDGMENT IS ENTERED AS ABOVE, bYe:... ~CJAO/f? 'J7;?~1j eputy ~" ""'~ -.i ~ " .. f'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92B68. NO, 2000-2529 Civil Plaintiff vs, CIVIL ACTION . MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle, PA 17013, Defendant TO: GARY 0, WARDECKER 515 SOUTH PITT STREET CARLISLE, PA 17013 DATE OF NOTICE: JULY 14, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN,WRIT~NG WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINSf YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE flFTHIS NOTICE.A:lUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU "MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013 TELEPHONE: (717) FRANK L, MAJCZ ,J ATTORNEY FOR P AI ATTORNEY 1.0. 0 THE BLAIR BUILDING ROUTE 378 SOUTH AND WALTER AVENUE BETHLEHEM, PA 18015 (610) 317-0778 (610) 317-0782 (FAX) QUIRE ~~~!.U\illl_~I~jjim:it~nW~~jI~II~'j<I'-!<!i!U"""',.!..ili-~':d,;".."...m,,b>J.~iE: l1A-I"T' ""'''''',~, -~, ~.- -",-"",,~iMlt>r~ t~ ft l -'..0 """- ~ ..0 S? ;:v ~ (.v r--- k~ ) "~ o c <' -0'" 171 r;C, --..'/ , .::'" ~~~' /._J g~: ~C' - c 2: --I -< -~~- ~ . ~ '" c-:~ (=:r , r"- ,"-- Lv ~" -,j 1'.) .t:'"" :"':;" =~) -<: " Ie, 1_11 k , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. File No. 2000-2529 Civil Plaintiff vs, CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle. PA 17013. NOTICE OF FILING JUDGMENT Defendant ( x) Notice is hereby given that a Judoment in the above-captioned matter has been entered against you in the amount of $51.109.35 on July 31. 2000 ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. ~~~~~,--~~~.J;'~ If you have any questions regarding this Notice. please contact the filing party: NAME: FRANK L. MAJCZAN. JR.. ESQUIRE ADDRESS: Route 378 South & Walter Avenue Bethlehem. PA 18015 TELEPHONE NO. (610) 317-0778 (This notice is given in accordance with Pa.R.C.P. 236.) r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. NO. 2000-2529 Civil Plaintiff vs. CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle. PA 17013.' Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: GARY O. WARD ECKER Your property situate in the Third Ward of the Borough of Carlisle. Cumberland County. Pennsylvania. and known as 515 South Pitt Street. Carlisle. Pennsylvania 17013. is scheduled to be sold at Sheriff's Sale on Wednesday. December 6. 2000. at 10:00 A.M. in the Cumberland County Courthouse. 1 Courthouse Square. Carlisle. Pennsylvania. to enforce the Court Judgment of $51.109.35 plus interest obtained by Long Beach Mortgage Company. Servicer for The Chase Manhattan Bank. against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriff's Sale. you must take immediate action: 1, The sale will be cancelled if you pay to Long Beach Mortgage Company. Servicer for The Chase Manhattan Bank. the back payments. late charges. costs and reasonable attorney fees due. To find out how much you must pay. you may call: Frank L. Majczan. Jr.. Esquire Attorney for Plaintiff (610) 317-0778 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. .- 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one. the more chance you will have of stopping the sale. (See notice on page three (3) on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. I f the Sheri ff' s Sa 1 e is not stopped. your property wi 11 be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff's Office at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened. you may call the Cumberland County Sheriff's Office at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed, by the Sheriff within thirty (30) days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses. or ways of getting your house back, if you act immediately after the sale. 2 l ~ " 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 DATED: August 31. 2000 3 ""~"""~f''''''''''''~'~''''-"' ;, ~"'I~~Io!W~),j,!h"I\!M('\(8"':iJ,~~v~>;-h4"~;f..~~ll!ll e..' . _;~'J, -"',"'"",,,- . >.1..'~r'<\J~"~"-~ ~". . ",-, "" '~-,..d,: ~~. '< 0 0 (j C CO -n =<:::--- V) U (" ,,, '" I'll p"'. "'0 Z .....; i z: r' I C'-' (""". .....< ." ~,') r- r-; , ~ 2~ ) ~~ c " (OJ C> (i fTl c Z :::> S~ --I ~ -< Ul -, -- . J. i "f<ir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868, NO. 2000-2529 Civil Plaintiff vs. CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle. PA 17013. Defendant STATE OF CALIFORNIA COUNTY OF ORANGE AFFIDAVIT OF NON-MILITARY SERVICE ) ) SS.: ) The undersigned, being duly sworn according to law. deposes and says that to the best of his/her knowledge. information and belief. the Defendant. Gary O. Wardecker. is an adult individual; that his last known address is 515 South Pitt Street. Carlisle. Pennsylvania 17013; that his employment is in private industry: and that he is not in the Military or Naval Service of the United States of America or its Allies. or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Co ess of 1940. and/or its amendments. d L. Agostini v..P. Default CH MORT~AGE COMP Y. Servicer CHASE MANHATTAN ANK SWORN TO AND SUBSCRIBED before me thi s 7th day of August . 2000, ~P~~- Roberta R. Dorrell Roberta A. Dorrell ~ . Comm. 111115763 ~ . NOTAFlY-PUBUC CALIFORNI ORANGE COUNTY CCnwn.Exp, N~ 3 2000 ~ " ~~IMMtii!:l~n~j,mfj~~~~""'UI'H';'I';,.L'~"':'b ,~~",""i~,q,tL,~W:,",,'&l-8;i(l'1'i;l~ :0":1 ,~'" ,~, '.>.' ,~'''" ""'" ~ ]!V' , .~ ^-''''." ~ ", ,-~ ,'~~.~,. ". ..'.,~~ .^" ~. """'""'~" ~~""llilIIU,,",," 'j 0 C) Cl c...: 0 -0 $: o:'./') ,.J cc n rn r~l -"0 ; Z --'J ~" Z i-- 'n ~;~~ Cl '._..J i r-:::Ci C) )-. ", 'T, -"" ~C :5 ~cj '. Pc: rn ~S :::> ---,: jj -< ..- -< " J", J. ~J \. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92868. Plaintiff File No. 2000-2529 Ciyil (To be completed by Attorney) Amount $51.109,35 V Interest $ 1.588,48 (from 08/01/00 to date of sale) Defendant Costs (To be completed by Proth/Clerk) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs vs. GARY 0, WARDECKER 515 South Pitt Street Carlisle, PA 17013, PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue writ of execution in the above captioned case. DATE: AUQust 31. 2000 uire 19nature: Print Name: Frank L. M 'cza r Address: 3644 Route 37 S t Bethlehem. PA 01 Attorney for: Plaintiff Telephone: (610) 317-0778 Supreme Court 10 No.: 17638 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF ) TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the aboye-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary/Clerk, Civil Division by: Deputy ~, ~iI_Il:1~~i1f~ij;;W.iI;!l~ilI~iit'iji.1l<;jI"O""__L",---",,,,'"'<<"~J;\;JL;l;lli,';fu.i..""~;i.;3:im:::~~'-' .J!~ ~- ",. ' . - ,., , ~ ~;,''''_ _".e,~'~ '-,~"~" r 6(tIl ~"~'JiY.~ . ,~ . ~... ,,-, , "-" 0 0 '::J C:-. ,~ 'T; 7 U) -0 rr~ -''1 "-', 1'1 f.,., -T) , i= 7''1, 1--;-; Z~: C', ~~:J (FJ L~-" (:J ~E-:,~ :::; ~-,::j ~C -- '~) ('j -,' t~5 en )>~~ .," /c- --."., :.:;I ':::> "'" 0"1 ~, -, 0, -",,-,I , ~ _.- .- ~ SHERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution to No. 2000-2529 Civil issued in the Court of Common Pleas of Cumberland County, Pennsylvania. directed to me. there will be exposed to public sale, by vendue or outcry to the highest and best bidders. for cash. in the Cumberland County Courthouse. 1 Courthouse Square. Carlisle. Pennsylvania. on Wednesday, December 6. 2000. at 10:00 o'clock A.M. in the forenoon of the said day. all the right. title and interest of the Defendant in and to: ALL those two certain lots of ground situate on the east side of South Pitt Street in the Third Ward of the Borough of Carlisle. Cumberland County, Pennsylvania. bounded and described as follows: LOT NO.1: BEGINNING at a point on the eastern building line of South Pitt Street. said point being 116.2 feet south of the southern building line of Willow Street and being in the center of partition between the property herein conveyed and the property now or formerly of Seibert A. Myers. et al,; thence through the center of said partition. South 83 degrees 47 minutes East 110 feet to the western line of a ten-foot public alley: thence along said line. South 6 degrees 13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of Warren H. Boisvert and wife; thence through the center of said partition. North 83 degrees 47 minutes West 110 feet to the eastern building line of South Pitt Street: thence along said line. North 6 degrees 13 minutes East 16 feet to the place of BEGINNING. Said lot being improved with a two and one-half story frame house known as No. 515 South Pitt Street. and being attached on the north and south to Nos, 513 and 517 South Pitt Street. respectively, LOT NO.2: BEGINNING at a point on the eastern side of the aforesaid public alley, said point being 128,83 feet south of the southern building line of Willow Street and being at the southwestern corner of a lot owned now or formerly by Seibert A. Myers. et al; thence South 83 degrees 47 minutes East 70 feet to the land now or formerly of Meals' Estate; thence South 6 degrees 13 minutes West 15 feet along said lands to the line of lot owned now or formerly of Warren H. Boisvert and wife; thence along same, North 83 degrees 47 minutes West 70 feet to the eastern line of said alley: thence along said line. North 6 degrees 13 minutes East 15 feet to the place of BEGINNING. Said lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or formerly of Meals' Estate. and being located southeastwardly from the rear of Lot No. 1 herein, SUBJECT. HOWEVER. to such easements. restrictions and conditions that may apply to the afore-described tract of land. recorded or unrecorded. BEING THE SAME PREMISES which Millard E. Wardecker and Martha M. Wardecker. husband and wife, by their Deed dated December 11, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Deed Book 190, Page 1054, granted and conveyed unto Gary O. Wardecker. Parcel No. 04-22-0483-073. Ii 1_IliHiIilIU~ilI~i~&~","'-"",I~ilJijESiW!llm.if.il"ib"""";,,,"~'.'__"i"".L."'i'l'i":.,,,,~,,;\\.""!JI0,~,~t;.-~~'" "' ,- <,~ ,'.....---.... I \ \ /t,'. p. \ )~ '-....... ~ ~, ~, ~ " - C>.- 2\ .,- ~ I _ -'~ , '~-Ml''l4<1iSl__ ~~ - tP 0--\ ~ --..J .,0 ?4. 0 cl 9.-~ ~ -+:::::- ~ ~Gv """", ~~G,\~- ~ ~ ~ ..... 0\ . 0- o ~ r::i (") ~ -o~c; Zl~;~l .--:.-c_ (.1) - -<' ~ )>,.-,-, -;. ,-- ~.?~C) .;..>c~: Z -I -< ~."...".........~ c:> o c') C'n .'''0 I~I -n CP' ~ - . ; ~) ~~s {Tti -1::- ~G -<..;, ':::> (,..'1 # ',- ~ "-i ~? G) ",,'b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92868. NO, 2000-2529 Civil Plaintiff vs. CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle. PA 17013. Defendant AFFIDAVIT OF ADDRESS/OWNERSHIP COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF NORTHAMPTON I. FRANK L. MAJClAN. JR.. ESQUIRE. being duly sworn according to law. hereby depose and say I am the counsel for Plaintiff. Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank. and to the best of my knowledge. information and belief. the last known address of Gary O. Wardecker. Defendant in the within action. is 515 South Pitt Street, Carlisle. Pennsylvania 17013. and that Gary 0, Wardecker is the owner of the property involved in this action, SWORN TO AND SUBSCRIBED before me this 31st day of August. 2000. FRANK L. MAJC . J ATTORNEY FOR PLAINT ATTORNEY I,D. #17638 _~I!liiIi_~~~iiJllal~i"llfil~lil\~~);j;l<!;!~I&;;:.._'<ffiX:",""iO"~',H',.t" .4,L;)">l~~".tJ;lliO '-~"'1' - j 'C"~ :... .~"'""'.., ~~~~ "0iliP ~~ o C' ;;~~ 0r";:: ene:_ ;fi>>.,-" D'iS::: -<..:;-c-~ ~- ~-:::::c; r~F~ -'-"c: 2' -j -, ." ~-~ "~~ ... <I i (-., ,..::.-; :;i1 \71) .-" ~\J 0) 2:~- ..' ")~ j":::-F:\ -'" -" .=> C"'I _~ r--'- -'-'O:-lYi ~i -, ~- --< =~o " JLllt.1~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. NO. 2000-2529 Civil Plaintiff vs. CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle. PA 17013, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Long Beach Mortgage Company. Servicer for The Chase Manhattan Bank. Plaintiff in the above action. sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property situate in the Third Ward of the Borough of Carlisle, Cumberland County. Pennsylvania. and known as 515 South Pitt Street. Carlisle. Pennsylvania 17013. 1, The name(s) and last known addressees) of the owner(s) is Gary O. Wardecker. 515 South Pitt Street. Carlisle. Pennsylvania 17013. 2. The name(s) and last known addressees) of the Defendant(s) in Judgment is Gary O. Wardecker. 515 South Pitt Street. Carlisle. Pennsylvania 17013. I , ~~\k' , 3. The names and last known addresses of every Judgment creditor whose Judgment is a record lien on the real property to be sold are: (i) Long Beach Mortgage Company. Servicer for The Chase Manhattan Bank 1100 Town & Country Road Orange. CA 92868 No. 2000-2529 Civil Entered on July 31. 2000 Amount of Judgment - $51.109.35 4. The names and addresses of the last recorded holders of every Mortgage of record are: (i) Long Beach Mortgage Company 1100 Town & Country Road Orange. CA 92868 Recorded on December 14. 1998 Mortgage Book 1505. Page 757 Mortgage Amount - $42.900.00 Assigned to The Chase Manhattan Bank Assignment recorded on April 24. 2000 Miscellaneous Book 642, Page 1020 5. The names and addresses of every other person who has any record lien on the property affected by the sale: None. 6. The names and addresses of every other person who has any record interest in the property which may be affected by the sale: None. 2 ~ # l . 7, The names and addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: (i) Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 (ii) Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle. PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or 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. DATED: August 31, 2000 3 ~bfilli!l!ll!lli:fi,;tlilll'lli!il!iiJlll;_ll~HHlI~~~~~!;fD_.~_';>:"'>t","!l';,'r"'"'-:IiH,'~h-~~I@'" ",' ~."'" C7~1""-W'."''''~'- " -, " ,~. M .. ("') ~~ -r:"C:-; n'1n'-:; ?; ;-0 ...,::",1.. ~~- -"'l.. "'",C, >r'" :;:: =<! ~-- " . -, ':.-~-:..~ ~--, n -'1 ~J) ;Tl --'0 C'''; },IJ ~i :::> .r.- c! ,. .'" ~,=-:s ~ -< .-.~ g , ~ ~ -J . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868, NO, 2000-2529 Civil Plaintiff vs. CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARD ECKER 515 South Pitt Street Carlisle. PA 17013. Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Long Beach Mortgage Company. Servicer for The Chase Manhattan Bank. Plaintiff in the above action. sets forth as of the date the Praecipe for the Writ of Execution was filed. the following information concerning the real property situate in the Third Ward of the Borough of Carlisle. Cumberland County, Pennsylvania. and known as 515 South Pitt Street. Carlisle, Pennsylvania 17013. 1. The name(s) and last known addressees) of the owner(s) is Gary O. Wardecker. 515 South Pitt Street. Carlisle. Pennsylvania 17013. 2. The name(s) and last known address(es) of the Defendant(s) in Judgment is Gary O. Wardecker. 515 South Pitt Street. Carlisle. Pennsylvania 17013. ~- ~ . , ~ , 3. The names and last known addresses of every Judgment creditor whose Judgment is a record lien on the real property to be sold are: (i) Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank 1100 Town & Country Road Orange, CA 92868 No. 2000-2529 Civil Entered on July 31. 2000 Amount of Judgment - $51,109.35 (ii) U,S. Treasury Department Pittsburgh Office. Room 808 1000 Liberty Avenue Pittsburgh. PA 15222-9974 and . Office of the Attorney General of the United States of America Tenth and Constitution Avenue Washington, DC 20001 and Office of the United States Attorney for the Middle District of Pennsylvania Federal Building. Suite 309 Washington and Linden Streets Scranton. PA 18501 and District Director of the Internal Revenue Service William Green Federal Building 600 Arch Street. Seventh Floor Philadelphia. PA 19105 No. 2000-06157 FTL Serial No. 230061695 Entered on September 8. 2000 Amount of Judgment - $17.066.91 2 "_.. ~I ~j ~ 4. The names and addresses of the last recorded holders of every Mortgage of record are: (i) Long Beach Mortgage Company 1100 Town & Country Road Orange, CA 92868 Recorded on December 14. 1998 Mortgage Book 1505. Page 757 Mortgage Amount - $42.900.00 Assigned to The Chase Manhattan Bank Assignment recorded on April 24, 2000 Miscellaneous Book 642. Page 1020 5. The names and addresses of every other person who has any record lien on the property affected by the sale: None. 6. The names and addresses of every other person who has any record interest in the property which may be affected by the sale: None, 7. The names and addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: (i) Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle. PA 17013 (ii) Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle. PA 17013 3 ..' . -,~ ~ J < ." i i.f! t 'I ;' I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or 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. DATED: November 15. 2000 FRANK L. MAJC AN. ATTORNEY FOR LAI ATTORNEY LD. IRE 4 'i;~!i!*ii~I~&:llliir<li.illlil!"~,",-.;.&ilIt\~ID~J~'IM~cJ~!..:"":~""'.'i!,w,~)ti.~1~*"I!tiII~I!II~'.i1IlH 'l~ ~ .....' 0 C) (-=-) ~~ c.::> " -0 f"'--' ~5 [nj:.]:l Z::...:~) .~- ,-- Z " f''') !T'j ~i~~:~ <:=> CyJ ~c; -" f? ~C; , . :::,:::::r-j ~; - ( ::- ~c: :...) CI in ......t Z '" ::J:C: -:3 (,.) :.c -, ~~ ti' ~: i 1 " , .01- , - '-'~.~-~ I J. 'I .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. NO. 2000-2529 Civil Plaintiff vs. CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle, PA 17013, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON SS. : I, FRANK L. MAJCZAN. JR.. ESQUIRE. counsel for Plaintiff. Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, do hereby certify that a copy of the Praecipe for Writ of Execution. legal description of the subject premises, and Notice of Sheriff's Sale of Real Estate pursuant to Pennsylvania Rule of Civil Procedure 3129.1 regarding the scheduling of a Sheriff's Sale on Wednesday, December 6, 2000. at 10:00 A.M. in the Cumberland County Courthouse. 1 Courthouse Square, Carlisle. Pennsylvania 17013. as well as a copy of the Order Directing Method of Service. Motion for Alternate Service and Affidavit of Reasonable Investigation. were mailed to Defendant. Gary O. Wardecker. at 515 South Pitt Street. Carlisle, Pennsylvania 17013. by Certified Mail/Return Receipt Requested and First Class Mai1/Certificate of ," ~ . . ,L . I ft Mailing on September 26. 2000. Copies of the transmittal letter. Certificate of Mailing, and Receipt for Certified Mail are attached hereto. collectively marked Exhibit "A." and are intended to become a part hereof. SWORN TO AND SUBSCRIBED before me this 15th day of November. 2000. '----- ~ NOTARIAL SEAL JANET LICHTY. Notary PublIc Hanover Twp.. Nol1hamplDn CounIY Commission res JI 28, 2003 2 ~~"-" ~ . (610) 317-0778 FRANK. L MAJCZAN, JR. AITORNBY AT lAW 3644 ROUTE 378, SUITE E BETIlLEHEM, PENNSYLVANIA 18015 FAX (610) 317.()782 September 26, 2000 Mr. Gary O. Wardecker 515 South Pitt Street Carlisle. PA 17013 RE: LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK VS. GARY O. WARDECKER - NO. 2000-2529 Civil Dear Mr. Wardecker: Enclosed please find the following documents served upon you as named Defendant relative to the above-captioned matter: (1) A copy of the Praecipe for Writ of Execution (Mortgage Foreclosure); (2) Legal description of the subject premises; (3) A Notice of Sheriff's Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 scheduling a Sheriff's Sale for Wednesday, December 6, 2000. at 10:00 A,M, in Carlisle, Pennsylvania; and (4) A copy of the Order Directing Method of Service, Motion for Alternate Service and Affidavit of Reasonable Investigation. "-. FLM ,JR: jl Enclosures CERTIFIED MAIL/RETURN RECEIPT REQUESTED FIRST CLASS MAIL/CERTIFICATE OF MAILING EXHIBIT "A" -,-, , ~~I;: I , I I , Postage $ Certified Fee M Retum Receipt Fea nJ (Endorsement Required) CI Restricted Delivery Fee CJ (Endorsement Required) c C .J:I C ,9 /. 1./-0 /.as T~ Postage & Fees $ NBmfJ fflease Print Cf!uIrlJ) (to be com~eted ,bJ. msJler) MR. GARY U. WARuEC~ER .Si"'~~.N~O'liY~ox~fiT...STRE.E;:..m..'..............,.".....m... .Cii,il:'i\'f{t"tti:E.:...p.iiumi.;;oi.3..m.mmm.....m....m....'.mm c c. C l'- For Accountable Mail " CIl li-~ - - - - - - " Ul ... w N - 0 '0 00 .... 0 . ih ~ 0. o-Z <0 W '~ ",3 co ~~ .... fa ~ "v' )> <;' ~ n ~ . ~ co co ~ ~ ~~ n~ - ~!!. -l~ !!l~ " "'V~ is. 0:2 =~ _n n~ ~. " Cg " , ... 0 (" ~ ., ;;: C-~ ;;: c: f i CIl ... III m t~ n 0 ;;: ... .. m ... m ~ 0 ~. III ~. < ~ ... < " ~ Sl ., <!. ::; m '" ~V'o::clgl ;; , [l!.tt!;-j1; '" iRl~~~J 0 ., s f5'1~ [f III )> r- fll1ll .. " 0 ~~",Is. ~ ;; . g II 0.1i ... ~fr 0 c' ... i ",50 m . .. :~i:jl. z Sfn;H!l. [~.g,1i . I tti'!1o 11'i~i ~~~l iii' a g,u "8. '<l "'o<! ~ 8,5' 8 i:i $tl Er8'l~tn . r- ~o c .[~.gl. ~ in I U~I~'" il~ '1 ~g,0'5i ./ a "'8"1. ~ CE ~ "V l!<a . :l: ~". -' / I ~ ~~ 11 .";l , .. [ il.o<!8' '" ,', -u f;; i ~l~nl ml '';; , -< i {~~U ~..4~ I ~ h~~ q - <o'J/' ,/ !! "" Ul ... "liIIWIlIJlliliIl..!-, w N - i ;~I l-- . t- ~ ;'11 ~~ z> ~ c" ~ 3_ ~ ~lI- '0::>, W-=ll :::A ~,~"l) (t:> __~:;S .. ~ 7::' (t:> ;A)" ~~ ;:s-o r-. (ji ;'1 (t:> fti' '. '" u:.G' ~. ~'3 , o"? zc:;_ n t2 s ;;:W:r-. .' g:.o a -\ ~ :'t!;" ~ _ ,00 :5 X~ ~ co <.A.:1\ !~ ~ ~ f. 7'l <1- ro in IT\ &.,. "('.<: (':>.~ cd\: !! ('n h: ~ (t> " r.? 2, [ F t;:.."3 , - !!l It> (t> 0 \- 3i ~ ~ ~ f i~iil (No. a I~ rn [Jl. :0 i n~i! -c 'i ~o~[ ~ ... it'll IT\ : ~ nil' OOi:'~ IH !! !!~. tel 5" eo eo it ~i ~ Iii Ii i r~ <" Ii if !!.! Iii I I I o '" ilia> _fi 01 ~~i 8fe gg-a 06. !!.rl3 ~ OO'U I-- .g-:r ,,:0 ~ :~S :::11 lj 0=- ,^^-"-I\.",-",-",- . b::~; t/) ::a;. ::ro_ - 'Marin .... .....- c OZ := 0 n;j CTcrt ~~ ~ ?l"': ", 'i 'Tl(l)::a , "'~"" .:~ ~ , ~~ '> - .~. -- ~~..-', "'-".-" !//j, 'y: ."'. . : ~ '. I~Q~, ~'- ~ iNCl o~ ~ !!l ~Ii ~. ~ ~ -. ...~ , lIi"'""',"''''''''ili~WItll;:;:I~&'%'1",'''''';l!.'''""'-' c,,,"" ,--'''",.L<"~~""t""(",,,,m~J;,ijt.;;i!'''' J -".., ..~ "'~ , - ..~_, '"""'''''' .._.....,_"'"'W"~ ,-, ,,- ~"~ ~, -- 0 '--, c: c::; <" "",,">;:;;"' .~- mr~' """::'1 6:1" r..j <- ;; ljJ C,) -< .'.. /":' C,: C' ~:-- ~T:: ~- C Z )'.> CJ :..) (= : ~-l Z I,) ~;~ :< .:J::J Co,) -< . . . ~~ < - ~,I _J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. Plaintiff vs. GARY O. WARDECKER 515 South Pitt Street Carlisle. PA 17013. Defendant NO. 2000-2529 Civil CIVIL ACTION - MORTGAGE FORECLOSURE CERTIFICATE OF MAILING NOTICE The undersigned certifies that Notice of the Sheriff's Sale of real property scheduled for Wednesday. December 6, 2000. at 10:00 A.M, in the above-captioned matter was sent to the following by mailing such Notice on October 30. 2000. by First Class Mail/Certificate of Mailing, true and correct copies of which are attached hereto: U.S. Treasury Department Pittsburgh Office. Room 808 1000 Liberty Avenue Pittsburgh. PA 15222-9974 and Office of the Attorney General of the United States of America Tenth and Constitution Avenue Washington, DC 20001 and Office of the United States Attorney for the Middle District of Pennsylvania Federal Building. Suite 309 Washington and Linden Streets Scranton. PA 18501 and District Director of the Internal Revenue Service William Green Federal Building 600 Arch Street. Seventh Floor Philadelphia. PA 19105 DATED: November 15. 2000 Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle. PA 17013 Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle. PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Occupant(s) 515 South Pitt Street Carlisle. PA 17013 I". ~, -'!j i I I ! (610) 317-0778 FRANK L MATCZAN, JR, ATIORNEY AT LAW 3644 ROUTE 378, SUITE E BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 October 30, 2000 U.S, Treasury Depamnent Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, P A 15222-9974 and Office of the Attorney General of the United States of America Tenth and Constitution Avenue Washington, DC 20001 and Office of the United States Attorney for the Middle District of Pennsylvania Federal Building, Suite 309 Washington and Linden Streets Scranton, PA 18501 and District Director of the Internal Revenue Service William Green Federal Building 600 Arch Street, Seventh Floor Philadelphia, PA 19105 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE liEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and known as 515 South Pitt Street, Carlisle, Pennsylvania 17013, Tax Parcel No. 04-22-0483-073, as described on the sheet attached hereto, will be sold by the Sheriff of DAUPmN County on Wednesday, December 6, 2000, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $51,109.35 in the Court of Common Pleas of Cumberland County as No. 2000-2529 Civil, in favor of Plaintiff, Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, and against Gary O. Wardecker, Defendant and Real Owner, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be tenninated by this Sheriff's Sale. When the Sheriff's Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be tenninated. ~ , il<'Ji' ~ ! U.S, Treasury Department Office of the Attorney General of the United States of America Office of the United States Attorney for the Middle District of Pennsylvania District Director of the Internal Revenue Service Page Two October 30,2000 The record indicates there is a Federal Tax Lien against the above-mentioned premises, and accordingly, the following documentation is provided relative to this Lien: 1, A copy of the Notice of Federal Tax Lien Under Internal Revenue Laws bearing Serial No. 230061695 entered on September 8, 2000, in the Office of the Prothonotary of Cumberland County, Pennsylvania, to No. 2000-06157 FTL against Gary O. Wardecker in the amount of Seventeen Thousand Sixty-Six and 91/100 ($17,066.91) Dollars; and 2. A copy of the Abstract of Title. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actua1 date of filing of said schedule. FLM,JR:jl Enclosures FIRST CLASS MAIL/CERTIFICATE OF MAIliNG " NAME: GARYO. WARDECKER ABSTRACT OF TITLE PERIOD: DECEMBER 14, 1998, TO PRESENT - ,I I",,~ ~ Oct-24-00 11:59P P.02 ... ". (Y)(c~ c..... ...._ 19971 ' DilltriCt 499 Qej)artment of the Treasury - Internal Revenue Service Notice of Federal Tax Uen $erJal Number Fat 0 tloMl u._ b Re<;ordi . Dfti<;o P.ENNSYL lANIA 230061695 AJ fII{OlItd.. 'SICdOa 6321.. 6322. IDd 6J2J of .... IIICtI'IlIlI ..... COda._ 'an .a ".. ...., ... (/ac;....... _nsc... ,-nl"") -..... .: ," .....,~ lite 'ala_-'....... taXpIJer. We...,...... I ..... ..,. C of dill"", .. Ie ,........... 1IDpIId. 'IbenIIDtI. ......Is ,_" .favof of die UaIcid..... .. .. proP.... 11III ......cu. pI'OlllnY.. co,diII CIJqI8JtI' fer cJt. MlOUlIC of ell... ~ 11III ..Ildf." , . . ........... tAlIci dIU ...,. _. NemeofTaxp YO.w. ECKER c' " ~ ., ~ . Reatdanc. SlS S PITT ST CARLISLE, ,PA 17013-3821 IMPORT. " ItIlWl INFOJtMAnOll: FOr...", ......ment Ii8ted below. ....... ncilic.! . the lien." rilfIiicI '" the!la!e iii..... in colUMn I_I. thla nalicellhllU, Oft the dey: to owing auchdete. _ate .. 8 certlfiClrl8 of r~ .. defined .: In lAC 8325'8 . ::.'C -~;!,~ ri.r. ~: ;%'!.' (f (.:' ~,.:. f~ '~~~; -. .t:. .. ' ~ . ::ttcn- a 137"8-/.... Clf15330;).. Ifd516 -~ c:.a . ....... ~, ~ ofT_ a 1040 .......,... ....."'...11 ~ :UO-40-4707 Dare of AI"lla"lIt . 07/1'!JIH99 Lac.:&:-' e oe/ia/2009 ...... ....ce . of"~ -"---,-1 17066.91 ,,,:~ , Piece of Filing Prothonotary CUmberland. County carlisle,PA 170J.~ T otll $ 17066.91 This notice we. prepared and signed lit . PITTSBURGH, PA ,onth;s, ,the, 23rd day Df' August ,~ . 2009.. t. 04 Signature ....~ ~'''.''.~. '. -- ..... .-' ." .;t..-....,. forl;(lIS' IlOWD .. .J Tltls ACS 23-01-0000 .'.. (NOTE; ,~r: af offI.., ...-.....j,y '"W'" _ a<fmowleclgment II no< _ntial to tile vllidlty of Nolic:e of f~aI Tex_ , ""'./IuI. 7l.488, 19" -:I C;8, 409) .: , '11I1 K-.....(I .. , 0IIIce Few... 6..8(y)(.) 1Aev. 8-011 ., ........, CAT. NO to02lX ~.,",",I I" (610) 317-0778 FRANK L. MATCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE E BEI'HLEHEM, PENNSYLVANIA 18015 FAX (610) 317.0782 October 30, 2000 Cumberland County Domestic Relations Offi~ 13 North Hanover Street Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the Tbird Ward of the Borough; of Carlisle, CUIl\berland County, Pennsylvania, and known as 515 South Pitt Street, Carlisle, Pennsylvania 17~13, Tax Parcel No. 04-22-0483-073, as described on the sheet attached hereto, will be sold by the Sheriff of DAUPHIN County on Wednesday, December 6, 2000, at 10:00 A.M., prevailing ~e, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,. Pennsylvania, pursuant to a judgment entered in the amount of $51,109.35 in the Court of Common Pleas of Cumberland County as No, 2000-2529 Civil, in favor of Plaintiff, Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, and against Gary O. Wardecker, Defendant and Real Owner, in the aforesaid judgment, A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriff's Sale. When the Sheriff's Sale takes place your lien, if any, liIlIy be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this property by virtue of any child and/or spousal support arrearages against the above individual. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty, (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (lq) days after the date of filing of said schedule, You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said. schedule. FLM,JR:jl Enclosure FIRST CLASS MAIL/CERTIFICATE OF MAILING J~__l (610) 317-0778 FRANK L. MAJCZAN, JR, ATTORNEY AT LAW 3644 ROUTE 378, SUITE E BEmLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 October 30,2000 Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, P A 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSmLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the ThIrd Ward of the BoroUgb of Carlisle, Cumberland County, Pennsylvania, and known as 515 South Pitt Street, Carlisle, Pennsylvania 17013, Tax Parcel No. 04-22-0483-073, as described on the sheet attached hereto, will be sold by the Sheriff of DAUPIDN County on Wednesday, December 6, 2000, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $51,109.35 in the Court of Common Pleas of Cumberland County as No, 2000-2529 Civil, in favor of Plaintiff, Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, and against Gary O. Wardecker, Defendant and Real Owner, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriffs Sale, When the Sheriffs Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this property by virtue of any child support arrearages against the above individual, A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule, You should check with the Cumberland County Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule, FLM,JR:jl Enclosure FIRST CLASS MAIL/CERTIFICATE OF MA.ILlJ{C; (610) 317-0778 FRANK L MAJCZAN, JR. ATIORNEY AT lAW 3644 ROUTE 378, SUITE E BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 October 30,2000 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT , Please be advised that the property and improvements, if any, located in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and known as 515 South Pitt Street, Carlisle, Pennsylvania 17013, Tax Parcel No. 04-22-0483-073, as described on the sheet attached hereto, will be sold by the Sheriff of DAUPIDN County on Wednesday, December 6, 2000, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $51, 109,35 in the Court of Common Pleas of Cumberland County as No, 2000-2529 Civil, in favor of Plaintiff, Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, and against Gary 0, Wardecker, Defendant and Real Owner, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriff's Sale, When the Sheriff's Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated, You may have an interest in this property by virtue of any delinquent real estate taxes, A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule, You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actual date of f11ing of said schedule, FRANK L. FLM,JR:jl Enclosure FIRST CLASS MAIL/CERTIFICATE OF MAILING ,c< (610) 317"()778 FRANK L. MAJCZAN, JR. AITORNEY AT LAW 3644 ROUTE 378, SUITE E BETHIEHEM. PENNSYLVANIA 18615 FAX (610) 317-0782 October 30, 2000 I Occupant(s) 515 South Pitt Street Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in the Third Ward of the Borough of CarHsle, Cumberland County, Pennsylvania, and known as 515 South Pitt Street, Carlisle, . Pennsylvania 17013, Tax Parcel No. 04-22-0483..()73, as described on the sheet attached hereto, will be sold by the Sheriff of DAUPIDN County on Wednesday, December 6, 2000, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, CarHsle, Pennsylvania, pursuant to a judgment entered in the amount of $51, 109,35 in the Court of Common Pleas of Cumberland County as No. 2000-2529 Civil, in favor of Plaintiff, Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, and against Gary O. Wardecker, Defendant and Real Owner, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above preririses securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriff's Sale. When the Sheriff's Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this property. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule, FLM,JR:jl Enclosure FIRST CLASS MAIL/CERTIFICATE OF MAILING ~ L ~ I ~~ _~~~ __~ SHERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution to No. 2000-2529 Civil issued in the Court of Common Pleas of Cumberland County. Pennsylvania. directed to me. there will be exposed to public sale. by vendue or outcry to the highest and best bidders. for cash. in the Cumberland County Courthouse. 1 Courthouse Square. Carlisle. Pennsylvania, on Wednesday, December 6. 2000. at 10:00 o'clock A.M. in the forenoon of the said day. all the right. title and interest of the Defendant in and to: ALL those two certain lots of ground situate on the east side of South Pitt Street in the Third Ward of the Borough of Carlisle. Cumberland County. Pennsylvania. bounded and described as follows: LOT NO.1: BEGINNING at a point on the eastern building line of South Pitt Street. said point being 116.2 feet south of the southern building line of Willow Street and being in the center of partition between the property herein conveyed and the property now or formerly of Seibert A. Myers. et al .; thence through the center of said partition, South 83 degrees 47 minutes East 110 feet to the western line of a ten-foot public alley; thence along said line. South 6 degrees 13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of Warren H. Boisvert and wife; thence through the center of said partition. North 83 degrees 47 minutes West 110 feet to the eastern building line of South Pitt Street; thence along said line. North 6 degrees 13 minutes East 16 feet to the place of BEGINNING. Said lot being improved with a two and one-half story frame house known as No. 515 South Pitt Street, and being attached on the north and south to Nos. 513 and 517 South Pitt Street, respectively. LOT NO.2: BEGINNING at a point on the eastern side of the aforesaid public alley. said point being 128.83 feet south of the southern building line of Willow Street and being at the southwestern corner of a lot owned now or formerly by Seibert A. Myers. et al; thence South 83 degrees 47 minutes East 70 feet to the land now or formerly of Meals' Estate; thence South 6 degrees 13 minutes West 15 feet along said lands to the line of lot owned now or formerly of Warren H: Boisvert and wife; thence along same. North 83 degrees 47 minutes West 70 feet to the eastern line of said alley; thence along said line. North 6 degrees 13 minutes East 15 feet to the place of BEGINNING. Said lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or formerly of Meals' Estate. and being located southeastwardly from the rear of Lot No, 1 herein. SUBJECT. HOWEVER. to such easements. restrictions and conditions that may apply to the afore-described tract of land. recorded or unrecorded. BEING THE SAME PREMISES which Millard E. Wardecker and Martha M. Wardecker. husband and wife. by their Deed dated December 11. 1998. and recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Deed Book 190. Page 1054. granted and conveyed unto Gary O. Wardecker. Parcel No, 04-22-0483-073. .... . -, For Accou/ltable Mail ." tf - - - - - - '" .0 u. .... '" IV - 0 '" -n ~~ "" .. 3 '" ~ cr~ W ~ ~ ClO ~ -j .... :'" > 'C ~ - CD CD - "'.... .0 o~ !!.!.. <z .0 "'3 !!I 0' ,,~ 00 :<1- o:!! ",. ..0 o. O. r g i Q}i ~ . ~ !!l ~ , I~ ~ "'- ~ !!I ~ m . o :;:!' Cl:I ~. < . ... ~ < - ~ ~ :E ! :II ::; m ~ ~~IP:.'i ~ z~,..!l,~.. ill: S~aP5'~ g [a~~~8: III s~sh!i'[ :J> ~~ ~ t;''l:',l Q' 1= 8'h oll~~' ." ~..g .a_ o ~.:=. g.~< - .w ""0" 2....j:;:.lc&ng.; ... 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Robert P Ziegler ~ ______J_______________________________________________________________________Ilecorderol Deeds in and Jor said County and State do hereby certify that the Sheriffs Deed in which ________________ Chase Manhattan Bank ---------------------_--------------------------______-_____________________________ ~ the grantee 10th the same having been sold. to said grantee on the __________________________________________h___ day of Jan 01 ________________________________,-----__ A. D., ______, under and by virtue of a wriL_____________ Execution 6th ___ _____ __________ _____ __ ______ __ _________ _ _____ issued on the _ __ __ _ __ ___ __ __ ___ __ h ____ __ __ _______ Sept 2000 day of ___________________h_____ A. D" n__' out of the Court of Cornman Pleas of said County as of Civil 2000 _____________________________,_..._________________ _________________________________ Term, ...__ 2529. Long Beach Mtg Co servicer for Chase Man Bank Number ________-_____, at the SUIt of ____h_________________________________________________________ . Gary 0 Wardecker IS' ___________________________________agaJnst____________________________________________________ duly recorded in Sheriff's D~ed Book No. _h_______2_~? Page ____________. 1142 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office th~ _____LJ!__ day of ________~g"_?_______________ A. D., t9_~~~!_ ~~~~---&~;d~-~in;~ ., I" '"""'''''u , Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank -vs- Gary O. Wardecker In the Court of Common Pleas of Cumberland County, Pennsylvania No, 2000-2529 Civil David Zeigler Deputy Sheriff who being duly sworn according to law, says on October 5, 2000 at 1 I:I8 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Gary O. Wardecker located at 5 I 5 South Pitt Street, Carlisle, Cumberland County, Pennsylvania according to Court Order dated June 14, 2000 directing method of service, and pursuant to PRC. R. Thomas Kline Sheriff, who being duIy sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the defendant Gary Wardecker by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only. This letter was mailed under the date of October 6, 2000 and returned to the Sheriffs Office on October 10,2000 with reason checked MOVED LEFT NO FORWARDING ADDRESS. R. Thomas Kline, Sheriff who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant to wit: Gary O. Wardecker by regular mail to his last known address 5 I 5 South Pitt Street, Carlisle, P A. This letter was mailed under the date of October 10,2000 and returned to the Sheriffs Office on October 17,2000 with reason checked MOVED LEFT NO FORWARDING ADDRESS, Richard E. Smith Deputy Sheriff, who being duIy sworn according to law, says on November 7, 2000 at 1 :25 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the defendant Gary O. Wardecker, by handing to Gary Wardecker at Cumberland County Court House, Carlisle Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies ofthe same. r. Thomas Kline, Sheirff, who being duly sworn according to law, says that after due and legal notice ~,j,o, had been given according to law, exposed the above described premises at public venue or outcry at ,p ~ ,;r: Court House, Carlisle, Cumberland County, Pennsylvania on January 10,2001 and sold the same tob \. rw\ Larry Roadcap for The Chase Manhattan Bank. It being the highest bid and best price quoted for the V same The Chase Manhattan Bank of 1100 Town & Country Road, Orange CA being the buyer in this execution paid to Sheriff R, Thomas Kline the sum of $ I,222.20 it being costs. Sheriff s Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail :Levy 30.00 23.96 30.00 30.00 30.00 10.00 .50 1.00 3.10 6.64 30.00 ",",,^~. ~ Surcharge Postpone sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Sworn and Subscribed To Before Me This 0l('E- Dayo~,u"j 2001, A.D. Sk-<- Q,~~ Pro onotary " ~ ~~~.,~i 20.00 20.00 5I6.50 395.85 23.15 25.00 26.50 $ 1,222.20 Pd By Atty 01116/01 S~~~ R. Thomas Kline, Sheriff BYA:t~J}dt; Real Estate Deputy ~ I;f)o? )1>' .g::> \, ~ .3113 ~ :' 1"1 Sb~ {(e.V1 . VV' " ? ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY. Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange, CA 92868, Plaintiff vs. GARY 0, WARDECKER 515 South Pitt Street Carlisle, PA 17013. Defendant NO. 2000-2529 Civil CIVIL ACTION . MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Long Beach Mortgage Company. Servicer for The Chase Manhattan Bank. plaintiff in the above action. sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property situate in the Third Ward of the Borough of Carlisle. Cumberland County, Pennsylvania, and known as 515 South Pitt Street. Carlisle. Pennsylvania 17013. 1, The name(s) and last knowr address(es) of the owner(s) is Gary O. Wardecker, 515 South Pitt Street. Carlisle, Pennsylvania 17013. 2. The name(s) and last known address(es) of the Defendant(s) in Judgment is Gary O. Wardecker, 515 South Pitt Street, Carlisle, Pennsylvania 17013, , / I. ' .4 . 3. The names and last known addresses of every Judgment creditor whose Judgment is a record lien on the real property to be sold are: (i) Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank 1100 Town & Country Road Orange. CA 92868 No, 2000-2529 Civil Entered on July 31. 2000 Amount of Judgment - $51.109.35 4. The names and addresses of the last recorded holders of every Mortgage of record are: (i) Long Beach Mortgage Company 1100 Town & Country Road Orange. CA 92868 Recorded on December 14, 1998 Mortgage Book 1505, Page 757 Mortgage Amount - $42,900.00 Assigned to The Chase Manhattan Bank Assignment recorded on April 24, 2000 Miscellaneous Book 642, Page 1020 5. The names and addresses of every other person who has any record lien on the property affected by the sale: None. 6. The names and addresses of every other person who has any record interest in the property which may be affected by the sale: None. 2 ~ 7. The names and addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: (i) Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 (ii) Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or 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, DATED: August 31. 2000 3 - I _I, , " , ~'-4, , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LONG BEACH MORTGAGE COMPANY, Servicer for THE CHASE MANHATTAN BANK 1100 Town & Country Road Orange. CA 92868. NO. 2000-2529 Civil Plaintiff vs. CIVIL ACTION - MORTGAGE FORECLOSURE GARY O. WARDECKER 515 South Pitt Street Carlisle, PA 17013, Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: GARY 0, WARDECKER Your property situate in the Third Ward of the Borough of Carlisle. Cumberland County, Pennsylvania. and known as 515 South Pitt Street, Carlisle. Pennsylvania 17013. is scheduled to be sold at Sheriff's Sale on Wednesday. December 6. 2000, at 10:00 A.M. in the Cumberland County Courthouse. 1 Courthouse Square. Carlisle. Pennsylvania, to enforce the Court Judgment of $51.109.35 plus interest obtained by Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriff's Sale. you must take immediate action: 1. The sale will be cancelled if you pay to Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank, the back payments. late charges. costs and reasonable attorney fees due, To find out how much you must pay, you may call: Frank L. Majczan. Jr" Esquire Attorney for Plaintiff (610) 317-0778 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. ,- , "--I. _, t , J j 3, You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one. the more chance you will have of stopping the sale. (See notice on page three (3) on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped. your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff's Office at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call the Cumberland County Sheriff's Office at (717) 240-6390, 4. If the amount due from the buyer is not paid to the Sheriff. you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the buyer ,. At that ti me. the buyer may bri ng 1 ega 1 proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days after the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed . distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7, You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale, 2 - - ..'" I', ~[; ~4 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 UBERTY AVENUE CARLISLE. PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 DATED: August 31. 2000 3 , . , ~ .w I~ . . ~. SHERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution to No, 2000-2529 Civil issued in the Court of Common Pleas of Cumberland County, Pennsylvania, directed to me. there will be exposed to public sale. by vendue or outcry to the highest and best bidders. for cash. in the Cumberland County Courthouse. 1 Courthouse Square. Carlisle. Pennsylvania, on Wednesday. December 6, 2000. at 10:00 o'clock A.M, in the forenoon of the said day, all the right. title and interest of the Defendant in and to: ALL those two certain lots of ground situate on the east side of South Pitt Street in the Third Ward of the Borough of Carlisle. Cumberland County. Pennsylvania. bounded and described as follows: LOT NO, 1: BEGINNING ~t a point on the eastern building line of South Pitt Street. said point being 116.2 feet south of the southern building line of Willow Street and being in the center of partition between the property herein conveyed and the property now or formerly of Seibert A. Myers, et al.; thence through the center of said partition, South 83 degrees 47 minutes East 110 feet to the western line of a ten-foot public alley; thence along said line. South 6 degrees 13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of Warren H. Boisvert and wife: thence through the center of said partition, North 83 degrees 47 minutes West 110 feet to the eastern bUilding line of South Pitt Street; thence along said line. North 6 degrees 13 minutes East 16 feet to the place of BEGINNING. ' Said lot being improved with a two and one-half story frame house known as No. 515 South Pitt Street. and being attached on the north and south to Nos. 513 and 517 South Pitt Street, respectively. LOT NO.2: BEGINNING at a point on the eastern side of the aforesaid public alley. said point being 128.83 feet south of the southern building line of Willow Street and being at the southwestern corner of a lot owned now or formerly by Seibert A. Myers, et al: thence South 83 degrees 47 minutes East 70 feet to the land now or formerly of Meals' Estate; thence South 6 degrees 13 minutes West 15 feet along said lands to the line of lot owned now or formerly of Warren H.Boisvert and wife; thence along same, North 83 degrees 47 minutes West 70 feet to the eastern line of said alley; thence along said line, North 6 degrees 13 minutes East 15 feet to the place of BEGINNING. Said lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or formerly of Meals' Estate, and being located southeastwardly from the rear of Lot No. 1 herein, SUBJECT. HOWEVER. to such easements. restrictions and conditions that may apply to the afore-described tract of land. recorded or unrecorded. BEING THE SAME PREMISES which Millard E, Wardecker and Martha M, Wardecker. husband and wife. by their Deed dated December 11. 1998. and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Deed Book 190, Page 1054. granted and conveyed unto Gary O. Wardecker, Parcel No, 04-22-0483-073. ',- I~ ~....,i, ( :1' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2000-2529 CIVIL 1'!J' CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Long Beach Mortgage Company, Servicer for The Chase Manhattan Bank 1100'Town & Country Rd., Orange, CA 92868 PLAINTIFF(S) from (.;;:lry n W;:lrnpt"!kpr 515 South Pitt Street Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell see leqal description . ! ; ,,-i :;~t:_), , ';f - ,_ ,( ',P r ! i . -": (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of T, . '-'~'."''''''''__'''.' .:'" . ~:';,;.- '~,' ~..~",: 1,-. GARNISHEE;:(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If propertyofttie defendant(s) not leJied\Jpon an subject to attachment is fou'nalillfiEfpOssession of anyone other than a named garnishee....yolNl(e directedto notifyhim/nerthat he/she has been added as a garnishee and is enjoined as above stated. Atty's Comm Atty Paid Plainm! Paid % L.L. saleoue Prothy Other Costs $.50 $1. 00 Amount Due $51,109.35 Interest $1,588.48 (from 8/1/00 to date of $1 <;7 nO Date: September 6, 2000 Curtis R. Long Prothonotary. Civil Division by: "o/A1/2 ~ ~k. 9J3 Deputy REQUESTING PARTY: Name Frank L. Majczan, Jr.,,,Esq. 3644 Route 378, Suite E Bethlehem, PA 18015 Attorney for: Plaintiff Telephone: 610-317-0778 Supreme Court 10 No. 17638 Address: .. ~JIIWjjgrttiilli~~jili1fJ~~'M'''"'.~-'-=~'''-",",w"""".,"~"",,~~l'.'''~'~~i!I;.mf'--'<""'.'> 0 =' ~.-. ~ .-~"I!IW.~ LtI'.,----~~"'...' ~--~~~. Rl:Jiij fC'T,;:,':'-"'.I': i- ii' LH~" ~~,) n H Ii t ~t\Lt ~~O,~S JII J.,;2&:-. t~ 1. ~ the sheriff levied upon the defendam, interest in the real property situated inn,. a.. a ~ 13..,.. ~i!4. Cumberland County, Pa., knolNr> and numbered as:&'I~ .1.,. ..~l.{!dI-~ a... a_ 0..__ and more fU'~cribed on Exhibit "A" filed with this writ and by this reference incorporated herein. 'areJ'f1~ /.. Z.2mJ ~Jd~ @=") c:vil c:;:nl c::;:::3 @ IjVil ------------- ~~~~ESTA.n5AUNO~~ ___ .__ __ rllflO,2OOIJ-25~ oC~:;' ::J~ g! for ___ _n'.... _ , anhattan Bank ~~~ r,_ '~',_',;, _ --:---vlifJdec~r.' -,'---" iTL.. --.' . .'".'-c~' n~l.)'\81CZlln,Jr. " . 'ilfpTION ' -- o "~c.U .({tQ."""NQ~: ~\l,i9-1ii_ tI\iCoifi(or'~omf;lQO" umwr\aoo 'County; PerinSyT\'a-nii. _ lomg, there: will be ~posed to public I vendue or outcry to the highest and ~hcl.Ull.ddt;:r$,-- for J~~ht in \he C\,\mberland ~~O\1fthou'" 1 Courtl1o"''--~quire. T _ -~!\ .S:~lV';m.j~____on Wedn~, __ ecem-en~-at10:000'c1od; A.M. in_ ~be ~_ _fQ[e!1qori of the said day, aU I.fie right. titre and =~~dant\na~tQ;,__ - ,,- ~<'lwotwA!N {j)ls of ground ~~,e,,'O,.nlh,~_~.lsjde Qf So.Il\h 11~ ~~ji!:l ~'t{~rcLpr.:!~~- !SOl9\1gn Q ar lSle:. :----:::-s:J:~be..!lana CJlUnt<,', Pennsylvania. bounded ~~)>e4"fol1ow" ' ~o:1f"B'E'~G"aCi~nloi\1he ? f':3;Mr~191~~ 1~~~o~th_fitt gr~~ s:nd ~ potn 1I::'_g -"if6ii~t soutfi' Qtffie S9uthem ~ilding line- Of Willow Street and being in the ~ler__oLe.artilion be\'\'o'\.>en tM property ~",,-ey<i,,~ii[_ll>e.J'.~rt\'-nOWllr-- =--ro-nnerly of Seibert A. Myer!;, erM.-Uience ~". the_ c~n~e.l" of said partition. South 53 iif'a.egrffi~~ mm.Mles ~t_ no feet __to the ~~t~ Qti-~~~rrblk allex; _~~re ~along sale IifIe, \I.Th' 6' egrec:; IJ mmufes West 16 feet to thC'_ttl'!t~ ot partition behl'efn the p.!QPct!Y____bereiil ronv~ and the ~ nOW ot' - formerly of Warren H. ~13oi5\'etLand ""rife; fMnce _through tne center ~~ partition. North 83 degrees 47 minutes ~ 11)) feet U:I \l\e, ~asw-cn -b!!ijging lIne of _ ____ ..if[~~l'i-~!{Qn& sajd line, Notth' _ eesi3_m~t~16[eetto11i-e-place with a twO "nd one- ouse known as No. 515 _ 'Sfrii:.~a@peinR aJlached on \he ~~_~~\~?-~~I~~~~ ~7~E~~ ~F!~iN1N<:i .t. point on the ~ e4:>lo;~.I&----'&~'~ftii6<\id publk ,aney. s.Ud _._ { . g 128.83 feet south of the southern -=-_ \, line of Wil1010f Street a)1Q beins a-HM em comer of a 10\ (lVI-'1\ed nuw or ~bY5elb<rtj(,J.I.Y<rs,__el .blll"'" >0-_ u d -ees47iiUnti'teSE3SttOfeetWthe ,_ fQiiTI~t:lY'ofMeals' Est.1te; thence es 13 nunu.~ West lS f.eet ~lo!'lg -~-Gf lot QV.'J'led nOW or . -'SolSwfaod-his Wiki NOrTh --a3ilegiW-\7 o 1\1e easwm line 01' said o_~lfl~e; ~orth ?_ degr~ ~ s:=.rejCf~U~~~ 'al1Qfl_~eQt'l"9ld 'alle - oh-s a,fan ~ WiQJ1\7~feet to kM_ ~Qw or formerl};i:lM:eals~ Estate; and -\<i<.le. ",-ulltw;~"d\)'.m,m the tear of herein. . H~irth1E1' ~-=",.e,-'-~'="":'!"'~ ",","";'''''W' - E-SAME i'REMlStS whiCh Mill.rd ekeI' and Martha, M. Wardecker. al}f ~~~_r;.lhert Ue~ dated 1998.1 an recoroedjn the Office ~~:POOis in and {()f ~anirGtm~'fJ~-~illl_sylvariia In-new _~\~, sranted, and, "nveye,d , .rd!<W. . :U_U'WJ-vJ~_:~_:...o.~_-~--. --I ~OCjl > THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he Is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e Patriot-News and The Sundav 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-News and The Sunday Patriot-News were established March 4th. 1854, 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 published in their regular daily and/or Sunday/ Metro editions which appeared on the 31 st day of October and the 7th and 14th day(s) of November 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said? Cpany and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Da~n in iscellaneous Book "M", Volume 14, Page 317. L/ PUB ~~: ~I 0 N s~'~~~';~ '~~~. ~~.~~~.;~:~;~;~ .~~. ;~i~' ~'~~' ~~~. '~i' ..~~~~....... .~~~. ;.0. S ALE #25 Notarlal5ea1 Terry L. Russet!, Notary Public Harrisburg, Dauphin County My Commission Expires June 6, 2002 't. of NotarieS My commission expires June 6, 2002 Member, PenMylVanla AssOCla IOn CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . .' Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 394.35 1.50 395.85 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duiy paid. By..,.................,.,................,.".,....................... L~ REAL ESTATE SALE NO. 25 Writ No. 2000-2529 Civil Long Beach Mortgage Company Servicer for The Chase Manhattan Bank. vs, Gary O. Wardecker Atty.: Frank L. MaJczall. Jr. SHERlFF'S SALE DESCRIPTION By virtue of a Wrtt of Execution to No. 2000-2529 Ctvil issued In the Court of Common Pleas of Cumberland County. pennsylvania, directed to me, there will be exposed to public sale. by vendue or outcry to the bighes! and best bidders. for cash. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle. Pennsylvania. on Wednes- day, December 6. 2000, at 10:00 o'clock A.M. in the forenoon of the said day. all the right. title and In- terest of the Defendant In and to: ALL those two certain lots of ' ground situate on the east side of South Pitt Street in the Third Ward of the Borough of Carlisle, Cumber- land County. Pennsylv;mia. bound- ed and descrtbed as follows: LOT NO.1: BEGINNING at a point on the eastern building line of South Pitt Street. said polnt belng 116.2 feet south of tile southern building Ilne of Willow Street and being in the center of partition be- tween the property herein conveyed and the property now or formerly of Seibert A. Myers. et al.; thence through the center of said partition, ..... South 83 degrees 47 I1linutes East 110 feet to the western line of a ten-foot public alley; thence along said line. South 6 degrees 13 min- utes West 16 feet to the center of partition between tile property herein conveyed and the property now or formerly of Warren H. Boisvert and wife; thence through the center of said partltlon. North 83 degrees 47 minutes West 11 0 feet to the eastern building line of South Pitt St.-eet; thence along said line. North 6 degrees 13 mlnutes East 16 feet to the place of BEGIN- NING ,," 'I' ...I~ " : I...... >- : (. i I i I f i '-~ Said lot belng Improved WltI:t a two and one-half story frame house known as No. 515 South Pitt Street, and being attached on the north and south to Nos. 513 and 517 South Pitt Street, respectively. LOT NO.2: BEGINNING at a pOint on the eastern side of the aforeSaid public alley. said point being 128.83 feet south of the southern bunding iine of Willow Street and being at the southwest- em comer of a lot owned now or formerly by Seibert A. Myers. et ail thence South 83 degrees 47 min- utes East 70 feet to the land now or formerly of Meais' Estate; thence South 6 degrees 13 mlnutes West 15 feet along said lands to the line of lot owned now or formerly _ of Warren H. Boisvert and wife; thence along same, North 83 degrees 47 minutes West 70 feet to the eastern line of said alley: thence along said line. North 6 degrees 13 minutes East 15 feet to the place of BEGIN- NING. Said lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or formerly of Meals' Estate. and being located southeastwardly from the rear of Lot No. 1 herein. SUBJECT. HOWEVER. to such easements, restrictions and condi- tions that may apply to the afore- desCI1bed tract of land. recorded or unrecorded. BEING THE SAME PREMISES which Millard E. Wardecker and Martha M. wardeCkethUSband and WIfe, by their Deed ated Decem- ber 11, 1998. and r corded In the Office of the Record r of Deeds in and for Cumberland County, Pennsylania. in Deed Book 190, Page 1054, granted and conveyed unto Gary O. Wardecker. Parcel No. 04-22-0483-073. ~~ ~ " '" ","""". . . . . PROOF OF PUBLICATION OF NOTICE IN CUMrnERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esqnire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: OCTOBER 27, NOVEMBER 3, 10,2000 ~. Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ;Jc:7YJ/LA Ro r M. Morgenthal, Editor - SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 NOTA L SEAL LotS E. SNYDER, Nolory Public Carlislo Boro. CUmborlond Caunly. PA My Commilllion Expir.. March 5, 2001