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Home My WebLink About00-02546 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs, No, rJ1J. :J 5'-1 (, Cc:x..l -r.u--' RICHARD 1. FISHEL 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 are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 ~~~ " u_jJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs, No, RICHARD L FISHEL Defendant A VISO USTED HA smo DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas dernandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, V AYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ~,j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No, fHJ - .:}SI./f" CM..:..t -r u- RICHARD L FISHEL Defendant COMPLAINT AND NOW, comes Plaintiff York Federal Savings and Loan Association, by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendant Richard L Fishel, as follows: Parties 1, The Plaintiff is the YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 101 South George Street, York, Pennsylvania. 2. The Defendant is Richard L Fishel, an adult individual residing in the Mortgaged Premises located at 640-12 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, and he is the Mortgagor and real owner of said Mortgaged Premises herein described, having acquired title by Deed dated March 22, 1993 and recorded on March 26, 1993, in the Cumberland County, Pennsylvania Recorder's Office in Record Book E-36, Page 704, Mortgage 3. On or about March 22, 1993, Defendant made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on March 26, 1993, in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1123, Page 287. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit A" , ; .;., Assignments 4, There have been no assignments of said Mortgage. Default 5. Said Mortgage is in default because Defendant has failed to make the monthly payments of principal and interest due and owing on his loan from July 1, 1999 through the date of filing this Complaint as required by the terms of the Mortgage. Any payments that may have been made during this period were applied to the delinquency balance due and owing prior to July 1, 1999. 6, Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions. 7. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance. . . . , . . , . , . . . . , . , , , , . . , . " $ 60,480.29 Interest from 6/1/99 to 4/14/00 (inclusive) at $15,8243 per diem, . . , . . , , . . . . , . , , . , . . . 4,620.82 Late Charges from 6/1/99 to 4/14/00 (inclusive) at $25.22 per month. . . . , . , , . . . . . . . , . , , , , , 226.98 Escrow Deficit. , . . . , . . , , . . , . . . , . . , . . , . , , , . . . . . . , 1,840,00 Attorney's Commission 5% ....".,'.'"....,..,.,. 3,024,02 TOTAL AMOUNT DUE $ 70,192.11 Compliance with Homeowners' Emergency Assistance Act 8. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assitance Program, Act 91 of 1983, has terminated because either: (i.) Richard 1. Fishel has failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendant, a true and correct copy of which is attached hereto as "Exhibit B"; or (ii.) Defendant's application for assistance has been rejected by the Pennsylvania Housing Finance Agency. ~~I ,. ~~ .'lj Inapplicability of Loan Interest and Protection Law 9. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L 13, No, 6 (41 P.S. S 101 et seq.), as amended, nor are notices required to be sent to Defendant pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act WHEREFORE, Plaintiff York Federal Savings and Loan Association prays for judgment in its favor and against Defendant Richard L Fishel in the amount of Seventy Thousand One Hundred Ninety Two and 11/100 ($70,192,11) Dollars, with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $15.8243 per diem, from 4/15/00, late charges at 5% of the monthly payment amount, currently $25.22 from 4/15/00, attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. By ~~ Benjamin F, 'ggs, Jf. Attorney for Plaintiff 101 S. George Street P,O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777 X2309 LD, No, 72030 Iii:;HIIll:I'.wlilltffii1lfUllll.liW'.El!Illli~li~il!ililll~ilIl;ilI;'.ii<i!~H~A'HIi!~..l':i.[f*>'I,,*N>O~,_fji.,~iIiiI~-' -~II_liIll;!..aj;!i_~."'--~=' .-" b<"'-!\'I '1' ""fi'e, ,/, i\f/l..',:-,". .1\' \'\lr\I~! I " .I'", ',:) (:\ '~/:il,/!/'7~'/r)'l , !~'" r:; :r",',1 '- I~-r , {,'" t' -) ~, . G ('-'::1 {"'(1 "'--' ~ .....;} ~ - . ~ '...,i~,' '-'7---, -~ I!!!.,.~,_ ,. .''''__' ,_~ ., ...',""'1""7,;"-,,,"-"'" ,K,' "" >""",~. ~ ,,". I., '," "" '" ,~, . 1,- , ' .' '-I~ , ::~ ROllEfH p, ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY - PA '931'188 26 API 10 !l1 ISp... Aba.. this Un. For R..ordlng Dala) MORTGAGE 50840 TflIS MORTGAGE ("Security Instrument") is given on ."............N;'!..l;,<;::,h..,;;,2..,....,............,.............. , 19..,,93, . The mortgagor is .Richax:d..L_..FisheL.................."....................."........".......".......... ....,..........."....,'............,........,....... ("Borrower"), This Security Instrument is given to .............,....,........... .X.o.:t:k..J:'.e.d~:t:al...S.a>li.o.g,a..&"Loan..As,aociation...................... , which is organized and existing under the laws of ,...Un.ited"States...of..Ame:r:ica.... , and whose address is ......,,,..............,,.........,,. "..,), R h., ,$. ,... ~~9X.g: ~., R .t. ,.. .f.Q.. ,~.9.~. .M::-,!??",., X9.J;,l,I; I". Ji'."'.m11'! Y)..Y.il.lI.:i"q.."" h:Z ,'\l.O.~"".. (' 'Lender"), Borrower owes Lender the principal sum of ",S;i.x,ty."'fo.ux..,Tho.uaand"And..No..Cents......,..."......... ......................"....................... Dollars (U.S. $ ..0,4",0.00,..0,0....), This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Not~'} which~rovides for monthly payments, with the full debt, if not paid earlier, due and payable on ......"..........!!P.+,+..".h".....R;P........,............,....... , This Security Instrument secures to Lender: (a) the repayment of the 'debt evidenced by the Note, with interest, and all renewals, extensiops 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 Insttument and the Note, For~i~W:ti'" Bwower does hereby mortgage, grant and convey to Lender the following described prdperty located in . ". .... ..1;1""... ::..,<;i;~.. ....., ......, .... ........,....,...,..,...,.., ".. .... ,..,..' .....,......' ...", County. Pennsylvania: which has the address of "~~.q::-.:!.,?,,~!'!f:l,"'.y.~..R.J;Jy.~.....,,.................... [Street] Pennsylvania ........,)..7.R;1.~.................. ("Property Address"); {Zip Code] ,):'\"'.~hi!}).,.j.,~R!?.\l.+,g"" "..".. IC;tyJ 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. PENNSYLVANIA-Single Family-Fannie MaelFreddle Ma. UNIFDRM INSTRUMENT Form 3039 9190 (page J af 6 pages) Bood123 PAGE 267 I "'~ , ~"~'b THIS SECURITY INSTRUMENT combines uniform covenants for national use and non.uniform 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 felr Taxes and Iusurauce. 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 pr~miums; ,(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. ~ 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 suchan 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'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 the Funds, Lender shall give to Borrower, without charge, an annUal accounting of the Funds, showing credits and debits to the Funds and the purpose 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 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 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 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 subor. dinating the lien to this Security Instrument. If Lender determines 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, 5. Hazard elr Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the 'Property insured'againstloss py fire;lhazards included within the term "extended coverage" and any other hazards, including floods or !looding, for which Lender requires insurance, This insurance shall be maintained in the amounts and BOOK 11.23 PACE 288 Form 3039 9190 (page 2 of 6 pages) .~ I'-"'~ b ! 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 insurance 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 'If 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 ~nder 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 3D-day period will begin when the notice is given. Unless Lender and Borrower '?therwise 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 1 and 2 or change the amount of the payments. Uunder 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 the 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 commit 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 lI)aterially impainhe lien created by this Security Instrument 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 title 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, ot there is a legal proceeding that may significantly affect Lender's rights in the Properly (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 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 lbe 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 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 shall bear ioterest 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 required to obtain coverage substantially equivalent 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 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 in lieu of mortgage insurance. Loss reserve payments may no longer be required. 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 Form 3039 9/90 (page 3 vf 6 pages) BOoK 1123 PACE 289 I' k and is obtained, Borrower shall pay the premiums required to maintain mongage 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. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any pan 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 panialtaking of the Propeny 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 Instrumen\ 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, An}': balallce shall be paid to Borrower. In the event of a panialtaking of the Propeny in which the fair market value of the Properly immediately before the taking is less than the amount of the sums secured im- mediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise pro- vides, the proceeds shall be applied; to the sums secured by this Security Instrument whether or not the sums are then due. lf the Propeny is abandoned 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 co\lect and apply the proceeds, at its option, either to restoration or repair of the Propeny 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 monlhly payments referred to in paragraphs I and 2 or change the amount of such payments, II. Borrower Not ~eIeas~d; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amonization 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 to commence 'proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amonization of the sums secured by this Security Instrument by reason of 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. Successors and AssigI1S Bound; Joint aud Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17, Borrower's coven~nts 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 ofth!s Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to 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 permitted 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 hy 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 contlicts 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 Instrument and the Note are declared to be severable, 16. Borrower's Copy. Borrower shall bc given one conformed copy of the Note and of this Security Instrument. Form 3039 9190 (page -1 of 6 pages! ~~oKH23 P~GE 290 I~, .--", ;'i ;~u 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 .tile 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 I~strument 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 earlier 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 Instrument; or (Il) entry of a judjlment enforcing this Security 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 attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Securjty Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrum~nt shall continue unchanged. Upon reinstatement by Borrower. this Security In- strument and the obligations secured here~y shall remain fully effective as if no acceleration had occurred. However, this right to reinsta,te shall not apply in the ca$e of acceleration under paragraph 17. 19. Sale of Note; Change ofLom) Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more tim~s 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 j..oan 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 ahove 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 no(cause or permit the presence, use, disposal. storage. or release of any Hazardous Substances 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 quantities of Hazardoljs 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 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 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, safelY or environmental prolection. 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 Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the defanlt; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, forelosure by judicial proceeding and sale of the Property. Lender shall further inform 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 Instrument without further deman~ and may foreclose this Security Instrument by judicial proceeding. Lender shall be 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 evidence to the extent permitted by applicable law. Form 3039 9190 (page 5 of 6 pages) BOOK 1123 PAGE 291 .'~ . ". ""' ',Ii . I'- ',::, 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 without charge to Borro.yer. Borrower shall pay any recordation costs, 23. Waivers, Borrower, to the extent permitted by applicable law, waives and releases any error or defects in pro- ceedings 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 sheriff's sale or other sale pursuant to this Security 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, 26. Interest Rale After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action ,of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to tlils 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 covenl\Ilts and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] [!] Adjustable Rate Rider [] Condominium Rider 0 1-4 Family Rider o Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider o Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider I!] Other(s) [specify] RIDER TO PARAGRAPH 18 AND EXHIBIT A Y SIGNING BELOW Borrower accepts and agrees to the terms and covenants containeJd' n thi Security Instrument and' a y rider(s) execut y Borrower and recorded with it. ) ~ ~rs .. ..WWYwL..... ..,B.d{,~~.......... , ~~,t.', ..................,..(Seal) RICHARD L FI H L -Borrower Social Security Number.,...."...., ,...,'..."" ,....".... ....., .... " l.., ,."""."."""..,.,..."..""."""".....",."."""........,(Seal) - Borrower Social Security Number", ..."...."..",.." ,..""..".."""" ,.. (Space Below This Line For Acknowledgmentl , s.~f!HQNWJ;;ALTH OF PENNSYLVANIA, CUMBERLAND COUNTY SS: '.\\-'."... 1'.:Oil"fhis, the 22nd day of March, 1993, before me, .;"/) /~ne::,t;ic(e'rsigned officer, personally appeared Richard L. Fishel known ~o me ,'i 0: .:;.( Q..ersaJ;l'~'iictorily proven) to be the person whose name I S subscr~bed t r,; tha~iithfh;instrument and acknowledged that he executed the same for the "1.pur" se/ he:r'ein contained. ~ :o"~..:::'~~ ~"~~:<~:J :' C" 'l:f~',ir ,,tNESS WHE ., "~'I I I ,I ",~..,; "~> ,'1:11'''1 " I / , N,btary Public JORK FEDERAL ~Ol SOUTH GEORGE ST EET yI,ORK, ,PENNSYLVANI ~17401~ \ ,#"-' P~epared by ~6?!: ., \ \ \ hereunto set my hand and official seal. N ASSOCIATION NOTARIAL SEAL STEPHANIE E, WITMER. Notary Public Harrisburg, Dauphin County, Pa. l 1\'~'1 Commi.;sion Expires July 5, 1993 j :-- ---..- Form 3039 9190 (page 6 of 6 pages) .; ,l!ClIIIEll tAMfl Tn~~SFFI?S r Nr. , i F -"130- \53 BOO! _23 PAGE 292 ~ EXlHlJI'l' ^ ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Uppe~ Allen Township, CUmbe~land County, Pennsylvania, designated ae unit No. 1080-12, in the Declaration and Declaration plan of :';unguild Condominium, dated December 6, 1979, and Novembe~ 29, 1979, resper.tively, recorded December 12, 1979, in Cumberland ~ounty Misc. Hook 249, Page 784. and Plan Book 37, Page 23, reepect~vely; Amendment to the Declaration and Declaration plans of Sungutld Condominium both dated Feb~uary 28, 1906, both recorded Ma~ch 31. ) 906, in cumberland County Mise, Book 315, Page 804, and Plan Bonk 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25, 1986, reco~ded June 8, 1988, 1n CUmberland County Mise, Book 350, Page 753, under the provi.sions of the Unit Property Act of. the Commonwealth of ppnnaylvanta (Act of July], lY63, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the COllUl1on BIemente aa Illore fully set :forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. UNDER AND SUBJECT to easements, covenants, restriotions, reservation~, and rights-of-way of record. BEING THE SAME PREMISES which John D. Krulock and Karen Ann Krulock, formerly Ka~en Ann Price, his wife, by Deed dated January 15. 1991 and recorded January 22, 1991 in the Recorder of Deeds office in and for Cumberland County, pennsylvania, in Deed Book 34-Y, Page 395, granted and conveyed unto Archie V, Oiveglia, single man, granto~ herein. Being,);;he .,~ame premises which Archie V Diveglia by deed dated the2Zrdday of marm ,19Cf '3 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania on , 19 granted and conveyed unto Richard L Fishel, mortgagor herein. Buo~1l23 ?^CE 233 . ,I ,~ I." ",<..\; ~ _!IYork ,... Federal I r.l '4 S'MNGS&LOI\N , . . .', """ASSOCIATION ~':i!LJ.'~ 101 South Georl,Je Slreet, P.O Box 15068, York, Fa, 17405 (717) 846-8777 RIDER TO PARAGRAPH 18 I/We. the undersigned Borrowerls), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, eHE,cuted by me/us this 22nd day of March, 1993, shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage/Deed of Trust. The term l'reasonable attorney's feesll~ as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5%) of the principal due at the time of foreclosure, or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Tr"ust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National ~lor'tgage Association ("Fannie I'lae"), or' any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. . I \ (I ._,__.R.JLJ_...kq._~~~__._~._...__. (Borrower) , (St-AL) ( BOI"rower') '- BOOK1123 PAGE 2~1 " ,~':l: CONDOMINIUM RIDEr THIS CONDOMINIUM RIDER is made this ......}~~?.................. day of .......~~~h............................, 19..~~...., and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security InstrumenQ of the same pate given by the undersignep (th~ "Borrower") to secure Borrower's Note to .............. """""'" .X~:r:~, ,r:". .~~"',~.. ~~'!.~\!~.. !:'~~. .~,,?!:,~. .~~~~~,"',1:?:~I),....".",....".""""..."....".".... (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: ..":",.,,. .?,4Q:: g. ~~n~.Y~., p.:r.:!-:Y~", ~~~h?J:l,:!-~~~Wg!.. ,~.~i}n;3y.+:Y!'!n:j.,9,.,,;I, ?9.~~".",....""".,...""..",.,..",.", jProperty Address) The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: ."".",..",."""""""'""""", ,~.~\!':I,~?:~, ,S:,?!:~~~,i~.,."",....."".".,...,.".""",.."""...",."",.,...""....."., {Name of Condominium Project) (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association ") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONllOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A, Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by-laws; (iii) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" of "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within the term "extended coverage," then: (i) Lender waives the provision in Uniform Covenant 2 for the monthly payment to Lender of one.twelfth of the yearly premium installments for hazard insurance on the Property; and (ii) Borrower's obligation under Uniform Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument, with any excess paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are herel:iy assigned and shall be paid to Lender, Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Uniform Covenant 10, E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or' consent to: (I) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them, Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Securi!y InstrumenL Unless Borrower and Lender agree to other 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 Le~ne \to Borr~r requesting paymenL By SIGNING B w, Borrower acce s and agrees to the terms an~oVisions [o~tne in t?is C1 n ominium Rider. w~ ' ..,.l:A(CI:,J)u ..0J!;, . ...................(Seal) chard L F1.sh 1 .Bo"ower WITNIS~ED BY: ,....."......,.""", .......... ""'" .."", "".""......, (Seal) .Borrower MULTISTATE C "DOMINIUM RIDER-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTR.U~~~T 23 2 nr. V cOOK 11 PACE. LJ"J Form 3140 9/90 ~ " ,I" jit"W' THIS ADJUSTABLE RATE RIDER is made this 2200 day of March ,1993, and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION (the "Lender") of the same date and covering the property described in the SeCllrity Instrument and located at: 640-12 Geneva Drive Mechanicsburg, Pennsylvania 17055 (Property Address) ADJUSTABLE RATE RIDER The Note contains provisions allowing for changes in the interest rate. If the interest rate increases, the Borrower's monthly payments will be higher. If the interest rate decreases, the Borrower's monthly payments will be lower. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further coi'enant and agree as follows: A. INTEIlEST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.000 %. Section 4 of the Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Cltange Dates The interest rate I will pay may change on the first day of Aoril , 19.2!., and on that day of the month every 12 months thereafter. Each date on which my interest rate eQuid change is called a "Change Da~e". My monthlYfayment may change on the first day of May , 191!.. and on that day of the month every 2 months thereafter, Each date on which my monthly payment could change is called a Payment Ch!lnge Date, (8) The Index Beginning wi.th the first Change Date, my interest rate win be based on an "Index". The Index is the "National Average COIltract Mortgage Rate for the Purchase of Previously Occupied Homes by Combined Lenders" published by the Federal HOllsing Finance Board. The most recent Index figure available as of 45 days before each Change Date is called the "Current Index", If the index: is no longer available. the Note Holder will choose a new index which is based upon comparable information. Th$ Note Holder will give me notice of its choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding 2.000 percentage points ( 2.000 %) to the Current Index. The sum will be my new interest rate. My interest rate will not be changed by more than 1.750 percentage points on any Change Date. My interest rate will not be changed by more than 6.0 percentage points over the life of my loan. The Note Holder will then determine the amount bf the monthly payment that would be sufficient to repay in full the prillcipal that I am expected 'to o.~e on the Chapge Date in substantially equal payments by the maturity date at my new interest ral~. The result of this calculation will be the new amount of my monthly payment. (D) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date untit the amount of my monthly payment changes again. (E) Notice of Changes The Note Holder will mail or deliver to me a notice before each Payment Change Date. The notice will advise me of: (i) the new interest rate on my loan as of the Change Date; (ii) the amount of my monthly payment following the Change Date; (Hi) any additional matters which the Note Holder is required to disclose; and (iv) the title and telephone number of a person who will answer any question I may have regarding the notice, B. CHARGES; LIENS Unifonn Covenant 4 of the Security Instrument is amended to read as follows: 4. Charges; Liens. Borrower shall pay all tax:es, assessments, and other charges. fines and impositions attributable to the Property which may' auain a priority over this Security Instrument, and leasehold payments or ground rents, if any, in the manner provided under para-graph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evid~ncing such payments. Borrower shall promptly discharge any lien which has priority over this Security lnstrument; however, Borrower shan not be required to discharge any such lien SO long as Borrower: (a) shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender; (b) shall in good faith contest such lien by, or defend against enforcement of such lien in. legal proceedings which in the opinion of the Lender operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof; or (c) shall secure from the holder of !iuch lien an agreement in a form satisfactory to Lender subordinating such lien to this Security Instrument. 1353 (Rev5/91) eiloK1123 P^CE 296 ~L I ~~ -. &l!1b If Lender determines that all or a. .Iart of ~ Property is subject to a lien who may attain a priority over this Security Instrument, Lender shall give Borrower a notice identifying such Hen, Borrower shall satisfy such lien or take one or more of the actions set forth above within ten days of the giving of the notice. C. NOTICE Uniform Covenant 14 of the Security Instrument is amended to read as follows: 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for lfi this Security Instrument shall be given by delivering it or mailing it by fust class mail to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided berein, and (b) any notice to Lender shall be given by first class mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provid~ for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in tbe manner designated herein, D, UNIFORM SECURITY INSTRUMENT; GOVERNING LAW; SEVERABILITY Uniform Covenant i5 of the Security Instrument is amended to read as follows: 15, Uniform Security Instrument; Governing Law; Severability. This form of Security hlstnlment combines uniform covenants for national use and non-uniform covenants with limited variations by j\lrisdiction to constitute a uniform security instrument covering real property. This Security Instrument shaH be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provlsion or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affecl other provisions of this Security Instrument or the Nole which can be given effect without the conflicling provision. and to this end the provisions of this Security Instrument and the Note are declared to be severable. E. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant ,I? of the Security Instrument is amended to read as follows: 17. Tl.'ansfer of the Property or a Beneficial Interest in Borrower. If all or any part oftbe Property or an intere~t therein 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 Lender's option, declare all the sums secured by this Securily Instrument to be immediately due and payable. However, this option shall not be exercised by Lender if exercise is not authorized by Feclerallaw. If Lender exercises such option to accelerate, Lender shaH mail Borrower notice of acceleration in acoordanoe wi.th paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay Ihe sums declared due. If Borrower fails to pay such sums prior to tbe expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph i8 hereof, Notwithstanding a sale or transfer, Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has released Borrower in writing. 11. LOAN CHARGES If the loan secured by tbe Security Instrument is subject to 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 permitted limits, then: (1) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit; and (2) any sums already collected from Borrower which exceeded pencitted 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 paYOlent to the Borrower, .' If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note, ~" IN (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Sign Origi"aIOllly) ;-;]oi 1123 PAGE 297 , , - ,,' t i I I I I , * 1MB .. &deraI ~ '" SAVINGS & !DAN ~ ASSOCIATION 101 SOUTH GEORGE STREET P,O, BOX 15068 YORK, PA 17405 ADJUSTABLE RATE NOTE THIS NOTE CONTAINS A PROVISION ALLOWING FOR CHANGES IN MY INTEREST RATE, IF MY INTEREST RATE INCREASES, MY MONTHLY PAYMENTS WILL BE ffiGHER, IF MY INTEREST RATE DECREASES, MY MONTHLY PAYMENTS WILL BE LOWER, March 22 ,19-E Carrp Hill Ciry . Pennsylvania Slafe 640-12 Geneva Drive Mechanicsburg, Pennsylvania 17055 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 64,000..00 (this amount is called ~principal~). phIS interest, to the order of the Lender. The Lender is York Federal Savings and Loan Association. I understand that the Lender may transfer this rote. 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 that part of principal which has not been paid begilUling on the date I receive principal and continuing until the full amonnt of principal has been paid. Beginning on the date I receive principal, I will pay int~rest at a yearly rate of 7.000 %. The interest rate that I will pay will c.hange in accordance with Section 4 of this Note. The interest rate required by this Section and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note, 3, PAYMENTS (A) Time Clod Place of Payments I will pay principal and interes,t by making payments every month. I will make my monthly payment!? on the first day of each month beginning on May 1 , 19~. I will make these payments every inonth until I have paid all of the principal and interest and any other charges described below that I ll!ay owe under this Note. My monthly payments will be applied to interest before principal. If on April 1 , 2023 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the ftmaturity dateft. 1 will make my monthly payments at 101 South Geo1"ge Street, P.O. Box 15068, York, PA 1'1405, or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments My initial olontbly payments will be io the amount of u.S. $ 425.80 . This amount may change to reflect changes in the interest rate that I must pay. The Note Holder will detennine my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE,\N]) MONTHLY PAYMENT CHANGES (A) Change Dales The interest rate I will pay may change on the first day of Avril , 19..2!.-. and on that day of the month ever'j 12 months thereafter. Each date on which my interest rate could change is called an Interest Change Date, My monthly payment may change on the first day of May , 19 94 , and on that day of the month every 12 months thereafter. Each date on which my monthly payment could change is caned a Payment Change Date. (B) The Index Beginning W'ith the first Change Date, my interest rate will be based on an ftIndexft. The Index is the ftNational Average Contract Mortgllge Rate for the Purchase of Previously Occupied Homes by Combined Lenders~ published by the Federal Housing Finance Board. The most recent Index figure available as of 45 days before each Change Date is called the ftCurreot Indexft. If the index is no longer available, the Note Holder will chooSe a new index which is based upon comparable information. The Note Holder will give me notice of its choice, (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding 2.000 percentage points ( 2.000 %) to the Current Index. The sum will be my new interest rate. My interest rate will not be changed by tuore than 1.750. . percentage points on any Change Date, My interest rate will not be changed by more than 6.0 percentage po-ints over the life of my loan. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay in full the principal I am expected to owe on the Change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment. (0) Effecdve Date of Changes My new in~erest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (E) Notice of Changes The Note Holder will mail or deliver to me a notice before each Payment Change Date. The notice will advise me of: (i) the neW interest rate on my loan as of the Change Date; (ii) the amount of my new monthly payment following the Change Date; (iii) any additional matters which the Note Holder is require to disclose: and (iv) the title and telephone number of a person who will answer any question I may have regarding the notice. [" 5. BORROWER'S RIGHT TO PREPAY I h~ve the right to make payments of principal at any lime before they are due. A payment of prillcipal'only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partia.l prepayment, there win be no delays in the due dates of my monthly payments unless the Note Holder agrees in writing to those delays. My partial prepayment will reduce the amount of my monthly payments on the first Payment Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6, LOAN CHARGES If a law 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 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 direct payment to me, If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. 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 of my monthly payments by the end of 15 C8.lendar days after the date it is due, I will pa)' a late charge to the Note Holder. The amount of the charge will be 5% of my overdue payment of principal and interest. I will pa)' this late charge promptly but only once on any 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. (C) Notice of Default If I am in default, the NDte HDlder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the NDte Holder may require me tD pay immediately the full amount of principal which has not been paid and all tbe interest that I Dwe on that amDunt. That date must be at least 30 days after the date on which the notice is mailed Dr delivered to me. (D) No Waiver by Note Holder Even if, at a lime which I am in default, the NDte Holder does not require me to pay immediately in full as described above, tbe Note Holder wiU still bave the right tD do so if I am in default at a later time. (E)' Payme..t of Note Halder's Casts and Expenses If the Note HDlder has 'required me to pay imniediately in full as described abDve, the Nole Holder will have the right to be paid back by me for aU its reasonable costs and expenses to the extent nDt prohibited by applicable law. Those expenses may include, for example, reasDnable attorneys' fees. 8, 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 mailing it by first class mail Dr by delivering it to me at the PrDperty Address abDve or at a different adJress if I give the NDte Holder a notice Df my different address. Any notice that must be given to the NDte HDlder under this NDte will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) abDve or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person i.s fully and personally obligated to keep aU of tbe promises made in this NDte, including the promise to pay the full amount owed. Any person whD is a guarantor, surety, or endDrser of tbis NDte is also obligated to do these things. Any persDn whD takes over these DbligatiDns, including the obligations Df a guarantDr, surety, or endDrser of this Note, is alsD Dbligated tD keep all of promises made in this Note. The Note Holder may enfDrce its lights under this Note against each person individually or against all of us tDgether. This means that any Dne of us may be required to pay all of the amDunts owed under this NDte, 10, W AlYERS I and any Dther perSDn whD has obligations under this NDte waive the rights of presentment and nDtice Df dishonor. "Presentment" means the right to require the Note Holder tD demand payment of amounts due. "Notice Df dishonor" means the right tD require the NDte Holder to give notice to other persDns that amounts due have not been -paid. II. THlS NOTE SECURED BY A SECURITY INSTRUMENT In addition tD the protections given tD the Note HDlder under this NDte, a Mortgage, Deed Df Trust or Deed to Secure Debt (the "Security Instrument") wilh an Adjustable Rate Rider, dated the same day as tbis Note, protects tbe NoteHDlder frDm possible losses which might result if I do nDt keep the promises which I make in this Note. That Security Illstmment and Rider describe hDwand under what conditiDns I may be required to make immediate payment in fun of all amounts tbat I owe under this Note. Some Df those cDnditions are described as follDws: "Transfer of/he Property or a Beneficial ImeresJ ill Borrower. If all or any part Df the Property or an interest therein is sold Dr transferred (or if a beneficial interest in Borrower is sDld or transferred and BorrDwer is not a natural person) without Lender's prior written consent, Lender may, at Lender's Dption, declare all the sums secured by this Security Instrument to be immediately due and payable, However, this option shall nDt be exercised by Lender if exercise is not authorized by Federal law, "If Lender exercises such Dption to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period Df not less than 30 days frDm the date the notice is mailed within which Borrower may pay the sums declared due. IfBDrrower fails to pay such sums priDr to the expiration of such period, Lender may, withDut further notice or demand Dn Borrower, invoke any remedies permitted by paragraph 18 hereDf, . "Notwithstanding a sale Dr transfer, Borrower will continue to he obligated under the NDteand this Security Instrument unless ~e der has released B Dwer In wntmg. " ~ ' Witness the h,n a he seales) nf the undersig~ J'I. I Ll> -\i4J (J (Soal) Richard i Fis 1 ~ Borrower (Soal) Borrower (Soal) (Sign Origillal Only) A-I Nm~ Margin 1354 (Rev. 5/91) ,.;.,:-;. > -. . - -,~- . f~ t(Q)~y Date: March 3, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort!!a!!e on vonr home is in default. aud the leuder intends to foreclose. Specific information about the nature of the defaiIlt is provided in the attached pa!!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAP) mav be able to help save vour home. This Notice explains how the pro!!ram works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE of THIS NOTICE. Take this Notice witb vou wben vou meet witb the Counselin!! A!!encv, The name. address and phone number of Consumer Credit Counselin!! A!!encies servin!! vour County are listed at the end olthis Notice. Ifvou have any Questions. vou mav call the Pennsvlvania Housin!! Finance A!!encv toll free at 1-800-342"2397.IPersons with imDaired hearin!! can call (7171780-1869. 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 CASSA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION.IMMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRffiA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Ricbard Fishel Jr PROPERTY ADDRESS: 640-12 Geneva Drive Mechanicsburg P A 17055 P 971.\ 339931.\ 1'1 LOAN ACCOUNT NO. 160050840 ORIGINAL LENDER: York Federal Savings and Loan Association 1i I Page 2 of5 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WInCH 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 ELIGIBLIL TY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA I;IOUSING 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, TillS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO 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 credit counseling agency 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 designated consumer credit counseline aeencies for the county in which the DroDertv is located are set forth at the end of this Notice. It is only necessary to schednle one face-to-face meeting, Advise your lender immediatelv of your intentions. 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 defanlt) 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 Mortgage 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 the 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, h~ . _ ,;;'~"I~i Page 3 of5 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 TillS 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 (Brine it uo to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: IS SERlOUSL Y IN DEF AUL T because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS AND/OR DELINQUENT TAXES for the following months and the following amounts are now past due: July 1999 throu~h March 2000 Principal & Interest, late charges, fees, negative escrow $6903.49 Other Delinquent Taxes charges $8249.88 TOTAL AMOUNT PAST DUE $15153.37 Pavments must be made either bv cash. cashier's check. certified check or monev order made oavable and sent to: Collection Department York Federal Savings and Loan 10 I South George Street York PA 17401 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THlRTY (30) DAYS of the date of this NOnCE, the lender intends to exercise its riehts to accelerate the morteaee 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 UDon your mortl!al!ed Dronertv. ,I", -I;, i Page 4 of5 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 proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00, However, iflegal 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 vou cure the default within the THIRTY (30) DAY Deriod. vou will not be reauired to nav attornev's fees. OTHER LENDER REMEDIES - The 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 TIIIRTY (30) DAY period and foreclosure proceedings have begun, von still have the right to cure the default and Drevent the sale at anvtime UD to one hour before the Sheriffs Sale, Youmav do so bv Daving the total amount then Dast due, Dlus anv late or other charges then due, reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as snecified in writing bv the lender andbv nerforming anv other reouirements under the mortgage, Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale ofthe 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 fmd out at any time exactly what the required payment ar action will be by contacting the lender, HOW TO CONTACT THE LENDER: Name of Lender: Yark Federal Saving and Loan Address: 10 I South George St, Yark P A 1740 I Phone Number: (717)849-2714 or (800)222-9333 extension 2714 Fax Number: (717)854-3835 Contact Person: Collection Department 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, ASSUMPTION OF MORTGAGE - You _X_ mayor 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 themortgage are satisfied, ~ 11 Page 5 of5 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 DEF AUL T CURED BY ANY 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 DEF AUL T. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENDE OF A DEF AUL T IN ANY FORECLOSURE 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 listings, .1.; VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Sr. Vice President of YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. ~ 4904 relating to unsworn falsification to authorities. - YORK FEDERAL SAVING AND LOAN ASS CIA 0 Dated: +ldbloD By: Crai e L. mith, r. Sr. ice President ....r'o. tlir_"';~~~' , .-OIItiw".MilIIIIill'W" .r~ -.(', , ~ -< ..... "':> "<: ..... (" ",I ~~'~~Mi ~ F ~ .... -c .. ,,,\ ..c: '" c cc ' . e d t t ~! ~::;:~ ~~~h r-' 0;~- ~'::C'~ :i:; .- ~';f;: ~ ^,,--' " ~ '.J 1'-,,, c;, :-~'t S:? ,'0) (3 (') r;! " ',';ki ~ " .. l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD l. FISHEL Defendant PRAECIPE TO REINSTATE Please re-instate the above captioned matter. Jt Benjamin F. Riggs, Jr. Attorney for Plaintiff York Federal Savings and Loan Association 101 South George Street York, PA 17401 (717) 849-2748 .......r.<;"""""_lIIIliIIIfililI..lliIiiti.... _I '.,' # jllil!li..liIlMil"'~ .w. d~ ~ "'-< "'r""" ~'- ~~ " "" ....., -'- "~- /I " g Cl 0 0 -n :;,:;: :x: .:yl iifii ::< '-'1';,:1.) , 'r-- li c..> 'OX :t"~ 0 C) ; ", . ;po ,:::;'.""1"1 .~ ::x ~:n W a~ &" ~ W ;..;: m , .-= ;;.. ii.-I It; ,/ , J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. 00-2546-Civil RICHARD L. FISHEL Defendant ORDER AND NOW, this I ~ day of ~OOO, upon consideration of Plaintiff's Motion for Order Directing Service of Complaint pursuant to Rules 430 and 3129.2 and affidavit in support thereof; II. _. IT IS HEREBY ORDERED that Plaintiff is authorized to serve the Complaint in Mortgage Foreclosure upon the Defendant Richard L. Fishel at his last-known address.w certified mail, return receipt requested, and by first class mail and by posting a copy of said ~ on the prop..:~nd if!- ,:)(j~11 6t1.~1 I. .8R"6f as ti'1e ~el:lFl: si'1311 eJife(,t, lll1ija. "8 ~. ~ ~ ~.? ... ~ · --.I. r~ 41 f ~ P...P..c./. if3 o. J..T 10 IICRCOY ALG,O OFtPCREo lIlcd lilt:: ~11t::llrr ur (,U1IIDvIIQlld CSl:lflt) is 8l:1tM5fiz"",d Lv o:>Clve Plaintiff's '::rittgR Rstiee sf bAsriff's e",k. ()f tl.e 1,,5~a!:le~ ~I'e~efty l:I~el'l tAs 9efe"~QIIL pl.l~hl:lIu L. pii~ln:;I, i:1lld:s 1d.~l..l\.lIuvvll c:lddl\~:;:)::' by vCllIf1t:::d IIIc:lil, IcLull' 1~5e.i~t Fettl:l89taa, lUla is) fifSt .:.1l4g~,llIail ll..d by p~5tiR!J e QSp}' af ea;d .luLILtt: UII U I~ pI Upt::1 Ly, Dy ~d v!.rti!ill~ I,,,,,ti,,,,,,,,, ""f L11"-' -.JIll!. ill ~~~~I d,mt;e wRit F-i:1.f\.e:..fi. 31I~.2(d) Qlld il. ':;~el. etLcr Mal.L~1 85 tl.e CStut shall (jil..:..~L, gild IT IS FURTHER ORDERED, that service in the above-described manner shall constitute full and competent service under the Pennsylvania Rules of Civil Procedure. Judge ~ 10-1-00 RJ<.3 1iiii1_:JIiiu-'lilIl&I<lllaililIilillliWllllllHilllMl' '~-._ l.lIIiilaJ.nll_iili,;,~'~ ".>-'",,~liiIItlirVh"' .\ AJ.Jv1)~~)),S!Ylv-' aVrtfl::J ::id r: I :2 !I . ,:!f8f1k7." ,'d I v ),111,. , ~ !if> vVJ.Ci;VC1, . 11f' 00 'Cry, ;1.(;.<;. . . ,~..,,J"''' '-.it., .." I -" "'(}' ,~. ~ "" -,,,....i ,i J~ '::IIi::; '. "u ",I. ,-' "~ f " . . , -- ~ , I ( t ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. 00-2546-Civil RICHARD L. FISHEL Defendant MOTION FOR ORDER DIRECTING METHOD OF SERVICE OF COMPLAINT AND NOTICE OF SHERIFF'S SALE PURSUANT TO RULES 430 AND 3129.2 AND NOW, comes the Plaintiff, York Federal Savings and Loan Association and, by its attorney, Benjamin F. Riggs, Jr., moves this Honorable Court as follows: I. On April 25, 2000, Plaintiff filed its Complaint initiating an action in mortgage foreclosure with the Prothonotary of Cumberland County, Court of Common Pleas regarding property located at 640-12 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Sheriff of Cumberland County was unable to effect service upon Defendant Richard L. Fishel because Defendant is avoiding service at his last-known address of 640-12 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Sheriff of Cumberland County has made diligent searches and inquiries for the Defendant, but was unable to locate Defendant in their bailiwicks. 4. Plaintiff has made various attempts to ascertain a new address at which Defendant may be served, said attempts being set forth in an affidavit attached hereto and made a part hereof as Exhibit "A". 5. Plaintiff, pursuant to Rules 430 and 3129.2 of the Pennsylvania Rules of Civil Procedure, desires to obtain a special order directing the method of service of the Complaint and Notice of Sheriff's Sale upon Defendant Richard L. Fishel. "'1..1 { , ~ WHEREFORE, Plaintiff moves this Honorable Court for an Order authorizing service of Plaintiff's Complaint in Mortgage Foreclosure and subsequent Notice of Sheriff's Sale on Defendant Richard L. Fishel, by certified mail, return receipt requested, by first class mail, by posting a copy of said notice on the property, by advertising notice of the sale in accordance with Pa.R.C.P. 3129.2(d) and in such other manner as the Court shall direct. Respectfully Submitted, M Benjamin F. Riggs, Jr. Attorney for Plaintiff I.D.#72030 L , il.JMl , , COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF YORK The undersigned, Bridget C. Gallagher, being duly sworn according to law, does depose and say as follows: I. I am a Paralegal of the Legal Department of York Federal Savings and Loan Association, the above- named Plaintiff. I have personal knowledge of the matters hereinafter referred to and make this affidavit on behalf of Plaintiff. 2. Plaintiff's Complaint in Mortgage Foreclosure could not be served upon Defendant Richard L. Fishel, at his most current residence address for personal service by the Sheriff of Cumberland County. 3. Plaintiff has attempted to ascertain an addresses at which Defendant Richard L. Fishel, may be served by the following means: (a) Search of local telephone directory in the Mechanicsburg area which states the Defendant's address as the mortgaged premises and where personal service by the Sheriff of Cumberland County has been attempted six times and has been unsuccessful; (b) Inquiry of Cumberland County voter registration office where the Defendant is registered to vote and the Defendant's address is stated as the mortgaged premises where personal service by the Sherffi of Cumberland County has been attempted six times and has been unsuccessful; (c) Personal service by the Sheriff of Cumberland County; (d) Verification by Plaintiff to the Cumberland County Post Office which verifies that the mortgaged premises is the current address of the Defendant; (e) Contacting the Tax Assessment Office of Cumberland County to verify an address where bills are being sent. Tax Assessment verified Mr. Fishel is the property owner and bills are being sent to the mortgaged premises; and (f) Requesting a recent credit report on the Defendant; said report states Defendant's address as the mortgaged premises where personal service has been unsuccesful. I declare the foregoing information to be true and correct. ~.d- C. Ga~\v.-.<.. Bridget C. Gallagher Paralegal SWORN and suq~<1\"ibed to before me thi4:{t&y of May, 2000. Notary Public My commission expires: EXHIBIT A Notarial Seal Sharon E. Riddle. Notary Public York, York County My Commission Expires July 16, 2001 M8mbec Pennsylvania Association of Notaries "_il~J ""ll,_~" <.,~"""" -'--'w..i........lilIiIIIIIIiiil ,.,,"';,..,,' m m_ ,.~".~,,"'"..~_ "~ , -~ ,,~~~ " ~-~" <_ . ..1 , g 0 ~ Cl s::: :x "-I: -" iHm ;tlo ,:i;j -< ~~ w ~g@ 0 (-"-. I ~o ~ -:Hi?, K < ~~ ~8 5> t;9 ~ ~ r:- ~ =< Q) I ~ I, "" i - SHERIFF'S RETURN - NOT FOUND , CASE NO: 2000-02546 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS & LOAN VS FISHEL RICHARD L 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 FISHEL RICHARD L 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 , FISHEL RICHARD L RETURN NOT FOUND AS PER ATTORNEY, 5/23/00. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 12.40 5.00 10.00 .00 45.40 ~ R homas Kli e Sheriff of Cumberland County YORK FEDERAL SAVINGS & LOAN OS/23/2000 Sworn and subscribed to before me this JA.J-" day of 9 -... ' ~ A.D. ~~~a ~ A01 P 0 honotary , I "I__c ",,'-',!, _I.,. """""'Ij i ! IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. 61J. J. 'OV~ ~ 7::""'" RICHARD L. FISHEL 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 are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 "'-,,~ ,-,.l;" -~L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. RICHARD L. FISHEL Defendant A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion rec1amados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, V AVA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 ., '. '1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. tJ1). .7$"4C. c:.':'1 Tb-- RICHARD L. FISHEL Defendant COMPLAINT AND NOW, comes Plaintiff York Federal Savings and Loan Association, by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendant Richard L. Fishel, as follows: Parties 1. The Plaintiff is the YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 10 1 South George Street, York, Pennsylvania. 2. The Defendant is Richard L. Fishel, an adult individual residing in the Mortgaged Premises located at 640-12 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, and he is the Mortgagor and real owner of said Mortgaged Premises herein described, having acquired title by Deed dated March 22, 1993 and recorded on March 26, 1993, in the Cumberland County, Pennsylvania Recorder's Office in Record Book E-36, Page 704. Mortgage 3. On or about March 22, 1993, Defendant made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on March 26, 1993, in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1123, Page 287. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit A". I ,~" . - 'l_, ' I,: Assigmnents 4. There have been no assignments of said Mortgage. Default 5. Said Mortgage is in default because Defendant has failed to make the monthly payments of principal and interest due and owing on his loan from July I, 1999 through the date of f1ling this Complaint as required by the terms of the Mortgage. Any payments that may have been made during this period were applied to the delinquency balance due and owing prior to July 1, 1999. 6. Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions. 7. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance. . . . . . . . . . . . . . . . . . . . . . . . .. $ 60,480.29 Interest from 6/1/99 to 4/14/00 (inclusive) at $15.8243 per diem. . . . . . . . . . . . . . . . . . . . . 4,620.82 Late Charges from 6/1/99 to 4/14/00 (inclusive) at $25.22 per month. . . . . . . . . . . . . . . . . . . . . . 226.98 Escrow Deficit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,840.00 Attorney's Commission 5% ........................ 3,024.02 TOTAL AMOUNT DUE $ 70,192.11 Compliance with Homeowners' Emergency Assistance Act 8. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assitance Program, Act 91 of 1983, has terminated because either: (i.) Richard L. Fishel has failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendant, a true and correct copy of which is attached hereto as "Exhibit B"; or (ii.) Defendant's application for assistance has been rejected by the Pennsylvania Housing Finance Agency. ,,,- , ~, F Inapplicability of Loan Interest and Protection Law 9. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act ofJanuary 30, 1974, P.L. 13, No.6 (41 P.S. S 101 et seq.), as amended, nor are notices required to be sent to Defendant pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. WHEREFORE, Plaintiff York Federal Savings and Loan Association prays for judgment in its favor and against Defendant Richard L. Fishel in the amount of Seventy Thousand One Hundred Ninety Two and 11/100 ($70,192.11) Dollars, with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $15.8243 per diem, from 4/15/00, late charges at 5% of the monthly payment amount, currently $25.22 from 4/15/00, attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. By ~~ Benjamin F. 'ggs, Ir. Attorney for Plaintiff 10 1 S. George Street P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777 X2309 LD. No. 72030 TRUE COpy FROM RECORD In TestlmclllY whereof. I here unto set Illy hanlj and tile Sjlalof said Court at carlisle. Pa. This ,.)1. day O~~-;:.'. _ ~ . ). .... .~~+'-" .. < ~ . , .. Prothonotary ~ " . "I, '.:i f10DEflT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY - PA '93 rJRB 26 Al'IIO!l7 (Spa.. Abo.. This Uno For Re.ordlng Dalal MORTGAGE 50.840. nlIS MORTGAGE ("Security Instrument") is given on ...............M.q.X".Qh~.2.Z.................~.~........~...... . 19....93. . The mortgagor is .Ri.cha:r:d..L_..F.i.shel.....~~uo~.~....~..............~~.........~.......~~..,~.........~....... ........................~............................ ("Borrower"). This Security Instrument is given to ~............................. .X.<;u::k..J:'.e.deral...S.aui.o.g:s...&..L.Qan.~A,s.s.Qciation...................... , which is organized and existing under the laws of ....DJJ.i.ted..States...of..Ame:r:ic:a.... , and whose address is ............,.....~.........~.~...... ..... ,;1, Q;J, ...9. ,.. .~~.9.:r.9: ~.. ~.t. ,.. .P'Q.. .1;\.9.<\. .M.7.9.? T... X.9.:r.Js T... .li'!;!':!H!!', YJ.y.~mj.~q......),:Z ~4.0.;;. ~...,. ("Lender"). Borrower owes Lender the principal sum of ...Six.t.y.:-:fo.ur...Tbo.us.and...And..N.Q..Ce.o.ts..~...........~....... ............................................... Dollars (U.S~ $ ...6.4.,.O'OO...o..o...~.). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note.":l- which~rovides for monthly payments, with the full debt, ifnol paid earlier, due and payable on ..................N?~.+.....;J,.,.....R;n............................. . This Security Instrument secures to Lender: (a) the repayment of the.debt evidenced by the Note, with interest, and all renewals, extensiops and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the s"curity of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Insld.ment and the Note. Forcv.iMl!i:Jlo't' B~ower does hereby mortgage, grant and convey to Lender the following described prdperty located in ........ ..':I....... !:...':l:~......... ............ .... ........... ~ ........ .... ....~..... ........ ......~.. ..... County, Pennsylvania: which has the address of ..?~.Q::)..?..~~~J.1.~y.?!..!?.:rJ.y.~..........~.............~.. {StreetJ Pennsylvania .........J.7.Q~~.................. ("Property Address"); [Zip Code] .. !':1,\'."hil}f,.j.~,,!,;R.1,1.:r.g:...... ....~ ~ [City] 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~ PENNSYLVANIA-Single Family-fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 9/90 (page 1 of 6 pages) bood123 PACE 287 , .~." . ..,.,~ THIS SECURITY INSTRUMENT combines uniform covenants for national use and non.uniform 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 a'1d 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 applicahle 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. " Lellder 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. ~ 2601 et 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 he held in art institution whose deposits are insured by a federal agency, insttumentality, or entity (including Lender, if Lender is suchi an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may nilt 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 applicahle law permits Lender to make such a charge. However, Lender may require Borrower to pay a one.time charge for an independent real estate lax 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 he paid on the Funds. Lender shall give to Borrower, without charge, an annllal accounting of the Funds, showing credits and debits to the Funds and the purpose 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 he 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 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 Fundsheld 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 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 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 subor. dinating the lien to this Security Instrument. If Lender determines 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. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the "?roperty 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 bOOK 1123 PAGE 2 88 Form 3039 9/90 (page 2 of 6 pages) - " =~ lei for the periods that Lender requires. The insurance carricr providing the insurance shaU bc chosen by Borrower subject to Lender's approval which shaU not be unreasonably withheld. If Borrowcr fails to maintain covcrage described above, Lender may, at Lender's option, oblain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shaU be acceptable to Lender and shaU include a standard mortgage clause. Lender shaU have lhe right to hold the policies and renewals. If Lender requires, Borrower shaU promptly give to Lender aU receipts ~f paid premiums a.nd 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 shaU 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 withiu 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then L<;nder 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-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shaU not extend or postpone the due date of the monthlY payments referred to in paragraphs I and 2 or change the amQunt of the payments. If under paragraph 21 the Property is ~cquired 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 the extent of lhe sums secured by this Security Instrument immediately prior to the "cquisition. 6. Occupancy, Preservatio", 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 cousent shaU not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, aUow the Property to deteriorate, or commit 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 crealed by this Security Instrument 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 defal11t 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 informatioo) 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 title to the Property, the leasehold and the fee title shaU 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!>r to enforce laws or regulations), then Lender may do and pay for whatever is necessary 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 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 shall bear ioterest from the date of disbursemeot 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 required to obtain coverage substantially equivalent 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 equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each month a sum equal 10 one.twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceused to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required. 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 Form 3039 9190 (page 3 oJ 6 pages) BOoii1123 PAGE 283 ""'~.." ~".~ '^ ~I and is obtained. Borrower shall pay the premiums required to maintain mongage 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 Propeny. 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 condemnation or other taking of any pan of the Propeny, or for conveyance in lieu of condemnalion, 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 panial taking of the Propeny in which the fair market value of the Propeny 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 wriling, 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 Propeny immediately before the taking. Any balallce shall be paid to Borrower. In the event of a panialtaking of the Propeny in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured im- mediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law olherwise pro- vides, the proceeds shall be applied [0 the sums secured by this Security Instrument whether or not the sums are then due. If the Propeny is abandoned 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 Propeny 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 IT\oclification of amonization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shaH not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amonization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall nor be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreemems of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to rhe 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 Securiry Instrument only to mongage, grant and convey that Borrower's interest in the Propeny 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 wfihoutthat Borrower" s consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to 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 permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender m~y choose to make this refund by reducing the principal owed' under the Note or by making a direct paymen~ to Borrower. If a refund reduces principal, the reduction wil! be treated as a panial 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 Propeny 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. IS, Governing Law; Severability. This Security Instrumcnt shall be governed by federal law and the law of the jurisdiction in which the Prop~rty is located. In the event that any provision or clause of this S~cllrity Instrument or the N?te conmcts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note whIch can be g\ven effect without the conflicting provision. To this end the provisions of this Security Instrument and the Nore are declared to be severable. 16. Borrower's Copy, Borrower shall be given one conformed copy "r the Nore and of this Security Instrument. Form 3039 9190 (page -4 of 6 pages! BOOK 1123 PAGE 280 - ~: 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 r}le 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 conditions,' Borrower shall have the right to 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 to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security 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 ofany 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 In- stroment and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. 'However I 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 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 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 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 quantities of Hazardol!s 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 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 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 shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph I7 unless applicable law provides otherwise), Lender shall notify Borrower of, among other things: (a) the default, (b) the action required to cure the default; (c) when the default must' be cured; and (d) that failure to cure the default as specified may resnlt in acceleration of the sums secured by this Security Instrument, forclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclOSl!re proceeding the non-existence of a defanlt 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 Instrument without further demaRll and may foreclose this Security Instrument by judicial proceeding. Lender shall be 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 evidence to the extent permitted by applicable law. ' Form 3039 9190 (page 5 of 6 pages) BooK1123 PACE 291 iIII_~ . '"~~ , '. 'l'. k -- 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 without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in pro. ceedings 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 sheriff's sale or other sale pursuant to this Security 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. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this 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 Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ~ Adjustable Rate Rider ~ Condominium Rider 0 1-4 Family Rider o Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider o Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider I!I Other(s) [specify] RIDER TO PARAGRAPH 18 AND EXHIBIT A Y SIGNING BELOW Borrower accepts and agrees to the, terms and covenants co, ntain, ed].n thi S,ecurity Instrument and' a y rider(s) execut y Borrower and recorded with it. ) ~ ~tss .. ..Wu.VrwL..... ...B.d.~.~~.......... . ~~.t~. .. .................(5eal) RICHARD L FI H L -Borrower Social Security Number............................................... ';:' ..... ,.,.., ......................................................................(5eal) -Borrower Social Security Number.... ............. ........ ....... ............... [Space Below This Line For Aoknowledgment] \.. ", S.91::~QNW~l,\LTH OF PENNSYLVANIA, CUMBERLAND COUNTY SS: ".,,~'.,.,.. '.:Otl-.:this, the 22nd day of March, 1993, before me, c'i,)>.:tne::,t:i.a:e\signed officer, personally appeared Richard L. Fishel known to me :~1;:.:"<S.(oi~;'"s~i'i;'factorily proven) to be the person whose name IS subscn.bed t ::": tha~ittifh~instrument and acknowledged that he executed the same for the ,\ \~Eur" s~':herein contained. -\ -'t:--;....'...:'~, ~"~~:< <.J :~ ::..~ !;l},N,j!W :,'fNESS WHE hereunto set my hand and official seal. "" II I - I ..,I.-~: ~~. . I f S II " ~ I .. j N,btary I YjORK FEDERAL ]01 SOUTH GEORGE ST EET yifRK' , PENNSYLVANI ~ _"~ Pljepared by ~ .< ~ \ \ '\ N ASSOCIATION NOTARIAL SEAL STEPHANIE E. WITMER, Notary Public: Harrisburg, Dauphin County, Pa. ~ J\'rf Commi~'5ion Expires July 5, 1993 j ,-- ---..-- Form 3039 9190 (page 6 of 6 pages! / ,tellRED tAN!'! Tn~"SFF~S i f-"no- \53 'N~, BOor .23 PAGE 292 '_,,"~1O.o . , I, I: l EXHI13I'l' ^ ALL THAT CERTAIN dwelling unit situated in Sungllild Condominium. Upper Allen Township. Cumberland County. pennsylvania. designated as Unit No. 1080-12. in the Declaration and Declaration plan of Runguild Condowlnium. dated December 6, 1979, and November 29. 1979. respe~tively, recorded December 12, 1979, in Cumberland ~ounty Misc. Book 249. Page 784, and plan Book 37. Page 23. I:especti'vely; Amendment to the Declaration and Declarati.on Plans of Sungulld Condominium both dated February 26. 1986, both recorded March 31. 1966, in Cumberland County Misc. Book 315, Page A04, and Plan Book 49. Pa"g, 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25. 1900. recorded June 8. 1988, 1n Cumberland County Misc. Book 350. Page 753. under the provi.sions of the Unit Propel-ty Act of the Commonwea 1 th of Pp.nnsylvanla (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of. in and to the Common Elements as more fully set :fOl'th in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. UNDER AND SUBJECT to easements, covenants, restrictions. reservationR. and rights-of-way of record. BEING THE SAME PREMISES which John D. Krulock and Kar~n Ann Krulock, formerly Karen Ann Price. his wife. by Deed dated January 15. 1991 and recorded January 22, 1991 in the Recorder of Deeds office in and for Cumberland County, pennsylvania, in Deed Book 34-Y, Page 395. granted and conveyed unto Archie V. Diveglia. single man. grantor herein. Being ;l;he ,,!jame premises which Archie V Diveglia by deed dated the 2l r:d day of f'}'1(1(ifl . 19tfS and recorded in the Office of the Recorder of Deeds for Cumberland County. Pennsylvania on . 19 granted and conveyed unto Richard L Fishel. mortgagor herein. hOOK 1123 ?^GE 233 '~ 101 South Georye SlreeL P.O Box 15068. York, Fb, 17405 (717) 846.8777 RIDER TO PARAGRAPH 18 I/We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, e:,:",cuted by me/us this 22nd day oi' March, 1993, shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage/Deed of Trust. The ter~m "l-ei:\50nabl~ attorney' 5 feE:\slI ~ c\s set forth in Paragr'aph 18 hereof, shall be deemed to mean five percent (5%) of the principal due at the time of fcreclDsure~ Dr $300.00~ whichever is greater. This p~ovision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National r"lortl;lage Association ("Fannie rl,aell) ~ or- any other entity utilizing Freddie Mac or Fannie Mae standards and gllidelines as a condition of assignment or tr&nsfer. _f:<LJldJJ _------IS'AL (Borrower) , - '.~ _:'~;~~.~'.'".:~"~~'~''' '.. \G.Ji'.".......,. ',- '_.~ I". --...:.}:"',:..w.;....~,. """~:.V.....,.i!.' '. _2""" '. "'~ (('<'tAL) , '". . ';;y.~:-?: ' '~... , o.,,"""'I~"I:d:~:;Wt: ,~.",. , ,,~{\ft"}" ')""",'Orcl..,. ," . 'CulTluo.> . rthtlr...... - , ","\'10' ,h otl;ce ,0 , ~',.. ,,,1 '\1' ...~ \~_.. CoUt' r; .' , \.,...r "l"'" . :-c, 1 t.,r curn ".-"" ,?"..r,f1 ''', \\:jo"t..'-I1'1. - .J _ I I ~"1c -i:_".,'.'"~. '- ~';,3iO:;.llh~ \<A:: ,'.J~" Wi "",['(.I 11\'''' dz;.y oi , " ()\ tnill __ _'f~l;.qr:J, I . ( DOI"I"OWe,') BOOK1123 PAGE ZfJ1 ",,-, -"I ,k,; CONDOMINIUM RIDEr THIS CONDOMINIUM RIDER is made this .......~~~?.................. day of .......~~~............................, 19}~...., and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Decd (the "Security InstrumenQ of the same !iate given by the undersigne!i (th~ "Borrower") to secure Borrower's Note to .............. ............. ..~~:r:~ ..-r:... .~~~.J:., ~~:'~9.~.. .<:!:~. .~.9~!: ..~~~~OI:~.1;?;~~............................................ (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: ....:....... .?4R:: J...?. ~!'l!"\'?'!~. .P.+.:i-:'{!'l... !':I!'l~h'?:l:l.:!-~~l?,1,I;1;'g!.. ..\'.'?nn;oyJ:'{?!!"\:i-.9.... P.Q.~~......................................... [Property Address] The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: ..........................................i?l!!"!9.1:l::!-.1~..~'?!:l~~:!-!?-:i:~........................................................................... IName 01 Condominium Project] (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (H) by-laws; (iii) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within the term "extended coverage," then: (i) Lender waives the provision in Uniform Covenant 2 for the monthly payment to Lender of one. twelfth of the yearly premium installments for hazard insurance on the Property; and (ii) Borrower's obligation under Uniform Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall,give Lender prompt notice of any lapse in required hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument, with any excess paid to Borrower. C. Public Liability Insurance, Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or aoy part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereoy assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Uniform Covenant 10. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or' consent to: (i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association~ or (iv) any action which would have, the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Securi~y Instrument. Unless Borrower and Lender agree to other 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 Le::~\to Borro~r requesting payment. ~::~'~' X ; ,.=w. ~" "0; ',h= ~;~~l;~,!L.m~';~~ BY, ~ ~m ......~~i MUlTISTATE C lNDOMINIUM RIDER-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTR~l!~~T 2'1 c 2 or.: Form 3140 9(90 , V wor,11 oJ P,\Gc ~ c)0 ,~'"" - ,~ I ' ~bJ j. THIS ADJUSTABLE RATE RIDER is made this 2200 day of March ,1993 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the ~Security Inslrument~) of me same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION (the ~Lender") of the same date and covering the property described in the Security Instrument and located at: 640-12 Geneva Drive Mecbanicsburg, Pennsylvania 17055 (Property Address) ADJUSTABLE RATE RIDER The Note contains provisions allowing ror changes in the interest rote. If the interest rate increases, the Borrower's monthly payments will be higher. If the interest rate decreases, the Borrower's monthly payments will be lower. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant I1nd agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 76000 %. _ Section 4 of the Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of Aoril , 19 ~, and on that day of the month every 12 months thereafter. Each date on which my interest rate could change is called a "Change Date". My n10nthly payment may change on the first day of May , 19 ..2i-. and on that day of the month everY 12 months thereafter. Each date on which my monthly payment could change is called a Payment Change De.te. (B) The Ind.. Beginning with tbe first Change Date, my interest rate will be based on an ~lndex.. The Index is the "National Average Contract Mortgage Rate for the Purchase of Previously Occupied Homes by Combined Lenders~ published by the Federal Housing Finance Board. The most recent Index figure available as of 45 days before each Change Date is called the ~Current Index". If the index is no longer available. the Note Holder will choose a new index which is based upon comparable information. The Note Bolder will give me notice of its choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new mterest rate by adding 26000 percentage points (2.000 %) to the Current Index. The sum will be my new interest rate. My interest rate will not be changed by more than J . 7~O percentage points on any Change Date. My interest rate will not be changed by more than 6.0 percentage points over the life of my loan. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay in ful! the principal tbat I am expected to o~e on the Change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment. (D) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning cn the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (E) Notice of Changes The Note Holder will mail or deliver to me a notice before each Payment Change Date. The notice will advise me of: (i) ~he new interest rate on my loan as of the Change Date; (ii) the amount of my monthly payment following the Change Date; (iii) llDY additional matters which the Note Holder is required to disclose; and (iv) the title and telephone number of a person who will answer any question I may have regarding the notice. B. CHARGES; LIENS Uniform Covenant 4 of the Security Instrument is amended to read as follows: 4. Charges; LieTlS. Borrower shall pay all taxes, assessments, and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any, in the manner provided under paragmph t hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragmph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which halt priority over this Security Instrument; however. Borrower shall nol be required to discharge any such lien so long as Borrower: (a) shaU agree in writing to the payment of the obligation secUred by such lien in a manner acceptable to Lender; (b) shall in good faith contest such lien by, or defend against enforcement of such lien in, legal proceedings which in the opinion of the Lender operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof: or (c) shall secure from the nolder of such lien an agreement in a form satisfactory to Lender subordinating such lien to this Security Instrument. 1353 (Rev 5191) BOoK 1123 P^GE 296 -. "~ I.' I . ~'~~,~< k If Lender determines that all or a .Jart of the Property is subject to a lien who may attain a priority over this Security Instrument, Lender shall give Borrower a notice identifying sucb lien. Borrower shan satisfy such lien or take one or more of the llchollS set fortb above within ten days of the giving of the notice. C. NOTICE Uniform Covenant 14 of tbe Security Instrument is amended to read as follows: ]4. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Security Instl11ment shall be given by delivering it Dr mailing it by first class mail to Borrower at the Property Addl.esS 0;' at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by fi.st class mail to Lender's address sta.ted herein or to such other address as Lender may designate by no~icf; to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. D. UNIFORM SECURITY INSTRUMENT; GOVERNING LAW; SEVERABILITY Unifornl Covenant 15 of the Security Instrument is amended to read as follows: 15. Uniform Security Instrwnentj Governing Law; Severability. This form of Security Instrument combines uniform covenants for nationaluS8 and J:lon~uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Security Instrument shall be governed by Federal law and the law of tbe jurisdiction in whicb the Property is locl.lt-ad. hi the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, Sllcb conflict shall not affect of her provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Security Instrument and the Note are declared to be severable. E. TRANSFER OF TIlE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covemlli.: II of the Security Instrument is amended to read as follows: 17. Transfer of tbe Pmperty or a Beneficial Interest in Borrower. If all or any part of the Property or an intere~t therein is sold OJ' 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 Lender's option, declare all the sums secured by this Security Instrument to be immediatel)' due and payable. However, this option shall not be exercised by Lender if exercise is not authorized by Federal law . If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hel'eof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which BOITower may ptl.)I the sums declared due. If Borrowet" fails to pay such. sums prior to the ey;piration of such period, under may, without further notice or demand on Borrower, illVoke any remedies permiUed by paragraph 18 hereof. Notwithstanding a sale or transfer, Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has released Borrower in writing. F. LOAN CHARGES If the loan secured by the Security Instrument is subject to a law which sets maximum loan charges, and tbat law is finally interpreted ao that the irlterest or other loan charges collected or to be collected in connection with tbe loan exceed permitted limits, then: (1) any sucb loan cbarge will be reduced by the amount necessary to reduce the charge to the pennitted limitj and (2) any sums already collected from Borrower which exceeded permitted Iimils 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 the Borrower. . If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note. "', 'h f ~~ut.d this Adjwrobl. ~r :] lJiA \1~~ Wi..,,, Rir~ L Fishel (Seal) -BOlTOwer (Seal) -Borrower (Seal) -Borrower (SJ!ln Ongillfil Only) ^.I Margi" ~i, 1123 rAGE 297 ."" . ~ , 101 SOUTH GEORGE STREET P.O. BOX 15068 YORK. PA 17405 ADJUSTABLE RATE NOTE THIS NOTE CONTAINS A PROVISION ALLOWING FOR CHANGES IN MY INTEREST RATE. IF MY INTEREST RATE INCREASES. MY MONTHLY PAYMENTS WILL BE HIGHER. IF MY INTEREST RATE DECREASES, MY MONTHLY PAYMENTS WILL BE LOWER, March 22 ,19~ Camp Hill Pennsylvania State CI~ 640-12 Geneva Drive Mechanicsburg, Pennsylvania 17055 (PmpenyAddrell) I. BORROWJ>R'S PROMISE TO PAY In retum for a loan that I bave received, I promise to pay u.s. $ 64.000.00 (this amount is called "principal"). plus interest, to the order of the Lender. The Lender is York Federal Savings and Loan Association. I understand that the Lender may transfer this Nole, The Lender or anyone who takes this Note by transfer and who is entitled 10 receive payments ul1der this Note is called the "Note Holder", 2. INTEREst Interest will be charged on that part of principal which has not been paid beginning on the date I receive principal and continuing until the full amount of principal has been paid. BegilUling on the date I receive principal, I will pay interest at a yearly rate of 7.000 %. The interest rate that I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section and Section 4 of this Note is the fate I will pay both before and after any default described in Section 7(B) 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 monthly payments on the first day of euch month beginning on May 1 ,19 93 . I will make these payments every month until I have paid all oOhe principal and interest and any other charges described below that I ft!8Y owe under this Note. My monthly payments_ will be applied to interest before principal. If on Apr~l 1 , 2023 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date". I will nutke my monthly payments at 101 South. George Street, P.O. Box 15068, York, PA 17405, or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments My inititll monthly payments will be in the amount of U.S. $ 425.80 . This amount may change to reflect chane:es in the interest rate that I must pay. The Note Holder will detennine my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Chonge Dotes The interest rate I will pay may change on the first day of ADril , 19 94 , and on that day of the month every 12 months thereafter. Each date on which my interest rate could change is caned an Interest Change Dat~. My monthly payment may change on the first day of Mav , 19 94 , and on that day of the month every 12 months thereafter. Each date on which my monthly payment could change is called a Payment Change Dat~. (8) The Index Begirming with the first Change Date, my interest rate will be based on an "Index". The Index is the "National Average Contract Mortgage Rate for the P~rchase of Previously Occupied Homes by Combined Lenders" published by the Federal Housing Finance Bogrd. The most recent 'Index figure available as of 45 days before each Change Date is called the "Current Index". If the index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of its choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding 2.000 percentage points ( 2.000 %) to the Current Index. The sum will be my new interest rate. My interest rate will not be changed by more than 1.750 ' . percentage points on any Change Date. My interest rate will notbe changed by more than 6 ~ 0 percentage points over the life of my loan. The Note Holder will then detennine the amount of the monthly payment that would be sufficient to repay in full the principal I am expectsd to owe on the Change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment. (D) Effective Date of Changes My new interest rate win become effective on each Change Date. 1 win pay the amount of my Dew monthly payment beginning 011 the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (E) Notice of Chonges The Note Holder will mail or deliver to me a notice before each Payment Change Date. The. notice will advise me of: (i) the new interest rate on my loan as of tbe Change Date; (ii) the amount of my new monthly payment following the Change Date; (iii) any additional matters which the Note Holder is require to disclose; and (iv) the title and telephone number of a person who will answer any question I may have regarding the notice. -" ._l,_. , -.~, '~-~-.b ~ ""~~ . ""'k 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal onl}' is known as a ftprepayment". When I make a prepayment, I will teU the Note Holder in writing that I am doing so. I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the 81l'\Ount of principal tbat I owe under this Note. If I make a partial prepayment, there will benD delays In the due dates of my monthly payments unless the Note Holder agrees in writing to those delays. My partial prepayment will reduce the amount of my monthly payments on the first Payment Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law 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 exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce tbe charge to the permitted limit; aud (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder Dlay choose to make lhis refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a parlial prepayment. 7. BORROWER'S FAll.,URE TO PAY AS REQUIRED (A) Late CUlarge fOf" Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of 15 calendar days after the date it is due, I win pay a la\'O charge to the Note Holder. The amount of the cbarge will be 5 % of my overdue payment of principal and interest. I will pay this late cllarge promptly but only once all any late payment. (B) DeI,mlt If I do not pay the full amount of each monthly payment 011 the date it is due, I will be in default. (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 amQunt. That date must be at least 30 days after the date OD wbich the notice is IIU1iled Of delivered to me. (D) No Waiver by Note: Holdei' EV8II if, at a time w~ich I am in default, tbe Note Holder does not require me to pay immediately in full as descrjbed above, the Note Holder w:ilJ still have the right to do so ifI am in default at a later time. IE)' Payment of Note Holder's Costs and Expenses If the Note Holder hIlS 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 its reasonable costs and expenses to the extent not prohibited by applicable law, Those expenses may include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unl-ess applicable law requires a different method, any notice that must be given to me under this Note will be given by mailing it by first class mail or by delivering it to me at the Property Address above or at a different adJress if I give the Note Holder a notice of my different address. Any notice thal mllst be given to the Note Holder under' this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Sectioll 3(A) above or at a different address if I um given u notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this Note, each per!lon is fully and personally obligated to keep all of the promi.ses made in this Note, including the promise to pay the full amount owed. Auy 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 11 guarantor, surety, or endorser of this Note, is also obligated to keep all of promises made in this Note. The Note Holder may enforce its lights under this Note against each persoll'individually or aguinst aU of us together. This meatls that anyone of us may be required to pay all of the amounts owed under this Note, 10. WAIVERS I and any other person who has obligations 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 dq:e. "Notice of dishonor" means the right to require tbe Note Holder to give notice to other persons that amounts due have not been paid. 11. THIS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Deed to Secure Debt (the H Security Instrument") with an Adjustable Rate Rider, dated the saule day us this Note, protects tbe Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument and Rider describe how and Ullder what conditions I may be required to make immediate payment in full of all amounts tllat I owe under this Note. Some of those conditions are described as follows: "Thmsfer of the Property or a Beneficial Interest in BO/Tower. If all or any part of the Property or an iuterest therein is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and BOlTower is not a natural person) without Lender's prior written consent, Lender may, a't Lender's option, declare all the sums secured by this Security Instrument to be iIIllllediately due and payable. However, this option shall not be exercised by Lender if exercise is not authorized by Federal law. "If Lender exercises ,!,'Uch option [0 accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Barrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand all Borrower, invoke any remedies petmitted by paragraph 18 hereof. "Notwithstanding a sale or transfer, BOlTower will continue to be obligated under the Note and this SecUl'ity Instrument unless ~~ der has released B rowel' in writing." Witness the h,n a ' he seal(s) of' the undersigned. (Seal) .Jjorrower (Seal) Horrower (Seal) (Sign Original Only) A-I NOleMargin IJS4 (Rev. 5/91) .b'= , ~, , ' _'.__-"",_-l_._ - 'k C(0)~Y Date: March 3, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort!!a!!e on vour home is in default. and the lender intends to foreclose. Snecific information about the nature of the default is nrovided in the attached na!!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAP) mav be able to heln save vour home. This Notice exnlains how the nro!!ram works. To see ifHEMAP can helD, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselin!! A!!encv. The name. address and nhone number of Consumer Credit Counselin!! A!!encies servin!! vour County are listed at the end of this Notice. Ifvou have anv auestions, vou mav call the Pennsvlvania Housin!! Finance A!!encv toll free at 1-800-342-2397.IPersons with imnaired hearin!! can call (717)780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Connseling 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 CASSA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PROPERTY ADDRESS: 640-12 Geneva Drive Mechanicsburg P A 17055 HOMEOWNER'S NAME(S): Richard Fishel Jr LOAN ACCOUNT NO. 160050840 ORIGINAL LENDER: Y orl, Federal Savings and Loan Association '",-" <0 :k Page 2 of5 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WInCH 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 ELIGIBLILTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA :!lOUSING 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 WITIllN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO 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 AGENCmS - If you meet with one of the consumer credit counseling agency 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 telenhone numbers of desimated consumer credit counselin~ a~encies for the county in which the nronerty is located are set forth at the end of this Notice. It is only necessary to schednle one face-to-face meeting. Advise your lender imrnediatelv of your intentions, 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 bave 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 Mortgage 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 the 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 malee a decision after it receives your application. During that time, --" . ,-, 1,.,_ "--'k- Page 3 of5 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 TInS 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 (Brin~ it uo to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: IS SERIOUSLY IN DEFAULT because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS AND/OR DELINQUENT TAXES for the following months and the following amounts are now past due: July 1999 throu~h March 2000 Principal & Interest, late charges, fees, negative escrow $6903.49 Other Delinquent Taxes charges $8249.88 TOTAL AMOUNT PAST DUE $15153.37 Pavments must be made either bv cash. cashier's check. certified check or monev order made Davable and sentto: Collection Department York Federal Savings and Loan 101 South George Street York PA 17401 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the c1ate of this NOTICE, the lender intends to exercise its ri~hts to accelerate the mort~a~e 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 DDon vour mort~a~ed oroDertv. I. 1-> . l Page 4 of5 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 proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal 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 vou cure the default within the THIRTY (30) DAY aeriod. vou will not be reauired to Dav atiornev's fees. OTHER LENDER REMEDIES - The 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, vou still have the r,!!ht to cure the default and areventthe sale at anvtime un to one hour hefore the Sheriff's Sale. You mav do so bv Davin2 the total amount then Dast due.Dlus anv late or other char2es then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as sDecmed in writin2 bv the lender and bv Derformin2 anv other reouirements under the mort2a2e. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSffiLE 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) 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: Yode Federal Saving and Loan Address: !OI South George St, YorkPA 17401 Phone Number: (717)849-2714 or (800)222-9333 extension 2714 Fax Number: (717)854.3835 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - Vou 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. ASSUMPTION OF MORTGAGE - Vou _X_ mayor 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 themortgage are satisfied. "' - ~' " - - , ,-I -"k Page 5 of5 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 TInS DEBT. TO HAVE THIS DEFAULT CURED BY ANY TIllRD PARTY ACTING ON YOUR BEHALF. TO HA VB THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE TInS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENDE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCmS SERVING YOUR COUNTY See attached listings. ~ - '" I. _ --, . ~ -, -" . VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Sr. Vice President of YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. a YORK FEDERAL SAVING AND LOAN ASS CIA 0 Dated: 1\-1 dL> tOD By: Crai e L. mith, r. Sr. ice President ~~z,I.:C. 1]'1""1,-' l ",~.l' (:J>L' ': '&'l~~U .. '.,,"e . '. .. ,..:"-". ',',;:1 ;fh , </U&~') ".j"/tiJ '>'0 " , . , .,.1 " ~~<,Li " , , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.: 00-2546-Civil vs. R.ICHARD L FISHEL Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 21, 2000 10-day Default Notices in the above-captioned matter were mailed to the Defendant Richard L. Fishel, by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F. iggs, Jr., (LD. #72030) Attorney for Plaintiff 101 S. George St., P.O. Box 15068 York, PA 17405-7068 Telephone: (717) 846-8777 X2309 ... ",',,,. -A- ii , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.: 00-2546-Civil vs. RICHARD L. FISHEL Defendant TO: Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 DATE OF NOTICE: July 21,2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RiGHTS. YOU SHOULD TAKE THIS 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. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Benjamin F. iggs, Jr., r ey for Plaintiff York Federal Savings and L.! an Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext. 2309 I.D. No. 72030 ~ ~O,"~ ~I, "'_ ~_"". _ __" ...........~~'M_""'iJo;;t_~"..~~J!!.dE~~!d~...~."""'- , , '~M.." '"" -~-~" J ^ ~ . ~~' .'--~ "''''h '"". ~,. ',^ . 0 ,-, __0 C c:) ~::- t- V r:: c: 1T1fT, ~ " Z:c' Z \~~ !'o..) ;-~--i en ..:'- -< .<:.. G) [:::: c' .";:1 ~- T~ z~~~ --'" ;c;~ C) .:;;' )> C ~ ('n -7 ::z;: L_ =<! (oJ ::::0 -< - - -,,- ,~ c. . , " "" ~y-'- -," ,. '~ ... ,. lr~~ral June 28, 2000 Cumberland County Court House , ~'-~... ---"- South Hanover & High Streets Carlisle, PA 17013 Re: York Federal Savings and loan Association vs. Richard l. Fishel Case No. 00-2546-Civil Action - Mortgage Foreclosure To whom it may concern: I have enclosed the original Proof of Publication for the above-referenced matter. Please file this with the appropriate case number. If you have any questions or require any additional information, please feel free to contact me. Sincerely, York Federal Savings and Loan Association ~~c~ Bridget C. Gallagher Paralegal BCG Enclosure 101 S. George Street York, fA 17401 717'846'8777 1'800'222'YFED wwwyorkted.com .1, ~~ I k ... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, 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 Jariuary 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 JUNE 23, 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 ~ --- Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 23 day of JUNE. 2000 NOTA LOIS E. SNYDfR,,,,,,,,,ry'~; Carlicle Boro, cumbericilld eo.nty. 1''' My ConImillion Expir. '~~~, 2001,: , -'" " - NOTICE Civil Action No.: 00.2546.Civil Re: York Federal Savings and Loan Association vs. Richard L. Fishel TO: Richard L. Fishel, Defendant TAKE NOTICE that on Aprtl 25, 2000, Plalntiff filed its Complalnt In Mortgage Foreclosure against the above-named Defendant Richard L. Fishel to Civil Action No.: 00.2546. Civil. Said Complalnt was reinstated on May 30. 2000. OnJune 1.2000, the Court of Com. monPleas of Cumberland County en- tered an Order permitting service of the Complaint in Mortgage Foreclo- sure upon you by publication one time only in the Patriot News and the Cumberland Law Journal. SAID Complalnt requests that the Court of Common Pleas of Cumber- land County. Pennsylvania. Civil Di. vision. for a judgment in favor of the PlaJntiff and against the Defendant Richard L. Fishel in the amount of $70.192.11 with interest thereon un. til paid at such rate as established by Plaintiff. York Federal Savings and Loan Association pursuant to the terms of the Note from Aprtl 15, 2000, late charges from April 15, 2000. escrow charges from April 15, 2000 and for all other interest, late charges. attorney's fees. costs and charges collectible under said Mort- gage: and for any and all other rellef as the court deems appropliate. NOTICE If you wish to defend. you must enter a written appearance person- ally or by attorney and file your de. fenses or objections in writing with the Court. You are warned that if you fail to do so, the case may proceed without you and a Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other lights important to you. YOU SHOUID TAKE TIllS 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 COUN1Y BAR ASSOCIATION 2 Uberty Avenue Carlisle, PA 17013 Telephone: (717) 249.3166 BENJAMIN F. RIGGS, JR" ESQUIRE J.D. #72030 Attorney for Plaintiff York Federal Savings and Loan AssoCiation June 23 6 Cumberland Notices 01, ,-~ illillil!!!I;;j!ll!li!il.tiiiHlii!il'Olllo,,,,,,~,,,~,.,,,-..,,'",;,;~Ii..JC,"Hai1illil<tlO!'_~"",'''"",'''d,du,','"'E.''"'t),.'''''''.,{L'"",,,'~cii'''','' __=""""Il>'l>!'lll""!~I..b.IiI':i"!,"m,,,",,~l>!mllllllll~' (") C <'- "'tJ~ mr,c: Z::n :c:c;:- Cf)~ .: -<.' !<C:i )c~ '7(~ 5S:8 Z :< ....1 ~ 1 ~ ,- ~. .~,~ ~ ~"' "~ ~~ ~ o a ~ ~ r- f 0". o ." :,~;j ""1".,... ,'- f:.q :r I \~) .',- -,-', :,:j -~." :'~'. ( ) c5rn ;;1 "~ =< ~ ::i~ 9 <':0 ~] I' . , .... .. -' , . c ~ . ~"~'" ~,-,~, ""L .,,, .. .. lr~~, July 10, 2000 Cumberland County Court House Attn: Prothonotary's Office South Hanover & High Streets Carlisle, PA 17013 Re: York Federal Savings and loan Association vs. Richard l.Fishel Case No. 00-2546-Civil Action -Mortgage Foreclosure To whom it may concern: I have enclosed the original Proof of Publication for the above-referenced matter. Please file this with the appropriate case number. If you have any questions or require any additional information, please feel free to contact me. Sincerely, York Federal Savings and Loan Association ~c.G~ Bridget C. Gallagher Paralegal BCG Enclosure 101 S. George Street York, PA 17401 717.846.8777 1'800'222.YFED www.yorkled.com ,.. ... DO - ~S"l(, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS - . \ Proof of Publication UnderAct No. 587. AODrDued Mau 16.1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 Clly of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT.NEWS and THE SVNDAY 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 and Metro ,esJ,ltions/issues which appeared on the 29th d,ay(s) of June 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; aDd That he has personal knowledge of thefac!s 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 'rectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2000 A.D. PUBLICATION COPY T - - - NOTlC~.- Actlo~~~I~~~:s~el, Dl!fendont In Civil Savings, and Loan A~c:~ R, eo: York Federal Fishel. .... on V5. Richard L. - TAKE NOTiCE th t ~f'I~~rntlf1tlled it5ComPIO~nt~~~:rt".'.25.~ F2000. c asure qgainst th bo .. ore- ~l;no~J~' FIshel t~ ~lv;fA~~I:,e~~~~~6! 30, 2000-=-~ - Complaint was reinstated on Mav On. J,une 1. 2000 the C rt ~ Pleas of CUmberland Coun au of Common ~ ~~~~:,~~~n":c~~~~~e u~~ee~~~~~ritOr~ ~n.~~~.time only In the patrl~~:Xs ~~~a-- m"""J;:lo,nd Law Journol. e ~ - -r:- to _Complaint reClUltSts that the Court ---,~~'!ir;t1on Pleas of Cumb I d ~'~~~~~:p7~r~~fii~~s~~:fr~:f J,u~g~1~! _- -to 192 o!"d L. Fishel In the amount of - - tich-~riJ~,.'~lth interest thereon until POld at ~Q[; ~-~ established by Plaintiff, York: ~-a .t.....fft ~ngs and Loan A~oclatlon pursu- r~~-" h-'l.~rmSOftheNotefromAPrUl5,.2000 c~ e c p,t:~_e; from April 15, 2000, escro"; la+ar~~$-1romADriI15,2000and1oralllnterest es ~Oll~~~~e ~~J:;~I~e~~ts a~dChOrg~ ~~~r~g~I~~. other rellet as the ~~~rt ~~~; , NOTICE w _.J1 You wish to defend, YOU must enter a n enapPeorance personally or byattorne ~W{l~~~~de~nse$or oblectJons In wrltln: dodo$O thecci' ouorewarne<:tfhatifyoUfofl I d' se may proceed without YOU ad ~vf ru"~nt may be entered against YOU with. 111e Plalntl';, ~'ce tor the relief rl!!Clueste-d by or other rights ~;:':'DJ~~;~:y~~eYor property YOU SHOULD TAKE THIS PAPeR to YOUI" lawyer' at onctt. If YOU do not have a ~~~:~~t~~~~:~re, gotoortelephone con gc::f 11!gQ'I.help; (] flndoutwhere you CUMBERLAND COUNTY BAR ASSOCIATION - ;2 Liberty AvenUe Car-lisle, PA 17013 BENJ...T.efllPhOne: (7l7) 249-3166 y.... ~INF.RIGGSIJR.,Esq. 0.... ."..el"O'I Savings and Loan AuOdatlon Attorney._lor Plainffff (1.0. #7.2030' Notarial Seal Terry L. Russell, Notary Public Harrisburg. Dauphin County My Commission Expires June 6. 2002 Member, PennsylvanIa ASsociation ot NotarieMy N T ARY PUBLIC commission expires June 6, 2002 BRIDGET C. GAUEGHER C/O YORK FEDERAL SAVINGS & LOAN 101 SOUTH GEORGE STREET YORK, PA. 17405 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 $ $ $ 247.10 1.50 247.10 'lisher's Receipt for Advertising Cost blisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS, newspapers of general .e receipt of the aforesaid notice and publication costs and certifies that the same have THE PATRIOT.NEWS CO. By,..............'..m................................m............ ~jllMiiffit,l.t,iiilllliH!lIjll:lalllflillli~jliMl..:.lIlli:aail~Ij!~~"",""1!.","",",;,;,."W-",:,,,.'iiliilll.o!illf'~;.."1.>>l!lil'.IiiliIiWIilj1:Ii.. O'~I_ " "__,,^,, ",^,,"~I 'v _ ~_,' .. ".~,__ _<,,~,'0' ~"'~ ~.."-~ l" ~ ~"'_"' ~_ _~ I "-= .. ~ , '" -1 C) t=-J C) C c...") $: ~Tl ~lf~ '- r'"'= 6~~," "j -<' ," r," '-';:1 r""' f~ C; ~~ -U ~l: 4i :Jl: 9(") ",,0 ..P L-: - ;:""IT1 -, 'J Z W "" ~ 55 o-J -< . . I .. ., . , I~'; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. RICHARD L. FISHEL Defendant No. 00-2546-Civil To the Prothonotary: PRAECIPE TO ENTER JUDGMENT ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiff's Complaint in Mortgage Foreclosure against Richard L. Fishel in favor of York Federal Savings and Loan Association for the following: Amount Due Per Complaint. . . . . . . . . Interest from 4/15/00 through 12/6/00 (inclusive) at $15.8100 per diem. . . . . Late Charges from 4/15/00 through 12/6/00 (inclusive) at $25.22 per month. . . . . . Escrow Deficit. . . . . . . . . . . . . . . . . . . . other foreclosure costs. . . . . . . . . . . . . TOTAL AMOUNT DUE $70,192.11 3,716.45 212.89 10,900.84 933.06 $85,955.35 with interest from 12/7/00 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $15.8100 per diem, from 12/7/00, late charges from 12/7/00 at 5% of the monthly payment amount, currently $25.22 per month, from 12/7/00, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate, if the sale is continued. I HEREBY CERTIFY that on July 21, 2000 a 10-day Default Notice in the above- captioned matter was mailed to the Defendant Richard L. Fishel by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin Fi Riggs, Jr., Attorney for Plaintiff I.D. No. 72030 - ~ ,,--, "."" L 1 1;;;;~j,"" . l-.:uutJ , 2000 Judgment entered by the Prothonotary this day , . accoraing to the tenor of the above statement. . ~. R. ~. h<J' Protho ot~ry illliJdlBl"t'Iii.-......ilI~.......t..-...O!.....liki!!.ll-.l'lilM~lil~..._1l<.i~~~""!I\Il~llIldaiIiliililllill. ~~ "' " ~' ~ ",-.IiI ~ ....1" ,,~ , ".. ~~ N~ ,I ,~. '~'WlilIll""""""" . ~. - . ~ ,_ ~~'H ~~- f \ -..lJ , .' _..~ " ~ ~" .. ~ II I II I t, ::1 <;'1 , .;, ", 1:1 r.; I,i 1:1' " :"1 t! 11 ~i II I I , i ~I I i , 0 co ~s C C) :'~~ V) -un; rr1 -, rrl ~~'I -::J z:~L: (') ~~~ CT, ~.:~C? c::.C) 2",: 'j"-? ", () 7C:, ~'=L I W ~) : , >c ~ :S '.., ~ -< r0 c ~ ~ ~ '" ~ "" t -:l) <:: ~ w, ''''_''''-1 l'".."" "__ " - It' OFFICE OF THE PROTHONOTARY Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 Cumberland County Court House Court Administrator Fourth Floor Cumberalnd County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 ~~ba Date: t ~, 2000 No. 00-2546-Civil RE: YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff VS. RICHARD L. FISHEL, Defendant Notice is given that judgment been entered against you on A"g"lst (" s.,..,." PROTHONOTARY OF CUMBERLAND COUNTY in the above-captioned matter has ,2000. By o....x.... R. ,e, , Glerkor~ff~ If you have any questions concerning the above case, please contact: Benjamin . Riggs, Jr . . #72030) Attorney for the Plaintiff 101 South George Street P. O. Box 15068 York, Pennsylvania 17405-7068 Telephone: (717) 846-8777 X2309 (PA Rule of Civil Procedure 236, as revised) ~ '~h' ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant Commonwealth of Pennsylvania County of York Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant Richard L. Fishel is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's last- known address is 640-12 Geneva Drive Mechanicsburg, Cumberland County, Pennsylvania 17055. Sworn and subscribed before me thiS<9;:;).,g..day of August, 2000 GA. .~~ G. ('-0' ~ o-e.,'v..AJ Notary Public Benjamin . Riggs, Jr., for Plaintiff J.D. No. 72030 My Commission expires: Notarial Seal Bridget C. Gallagher, Notary Public ' York, York County My Commission Expires Feb. 22. 2003 _lIIibllilMillillj1/"'IMlaW_i-'~~I~,"""!IOiI;ID,j._il!~I"''''''~'Jlii>;l-''-l',~~'''''''--'',",~~<iIl~11lliIIlI"~~ J l.. ". . ~ ".~ . ~~.~" ~. - ,'~ ".....~...... - D Sf ?~\ .' )-;:f:' ~ t:- -.! j il jl , 1,1 1.1 1,1 1:1 1.1 U Ii :,1 I c::) c) :./) ;T1 " f 0-. ,~ ~~ -, - ': 'I F;} -, ..~... .,.v ..~~ orIl ~ -<: ':9 .,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant AFFIDAVIT OF LAST-KNOWN ADDRESS County of Cumberland : ss. Commonwealth of Pennsylvania Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for York Federal Savings and Loan Association, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes and says that to the best of his knowledge, information, and belief and after due investigation, that the name of the reputed owner of the real property subject to Writ of Execution No. 00- 2546; and that the last-known address of the Defendant Richard L. Fishel is 640- 12 Geneva Drive, Mechanicsburg, Pennsylvania 17055. Sworn and subscribed to before me this d;}....~ day of August, 2000. ~i..uc c - (" --.,,-, <.n.,., e' Q A... Notary Public My Commission expires: Notarial Seal Bridget C. Gallagher, Notary Public ' York, York County My Commission Expires Feb. 22, 2003 ~t.I~lRi,RltIWlIlilllaljllC_.....!,:lIJtiE~..~~~~.~iJJI_"'~""",w.iI!J~t~Jit.l1MJo;i~~ilII'-~~ , 6L , " '",~'''', I~ ~,w , ~ 'j(~-~ . - ~ ~". ., "~'- -,'~ ",~,~" '" ,~~ , () c 9J~ ~,I~:,~: r' ,:c:- ;':':::::'-.., "C:--,,_ ~8] :::::: -J -< I: i I I ! i 11 I C) CJ '::::1 ""1, U) rTJ " -;~ -,lh'! u,,--, Cr1 ;::,:::p :::: ~~~ c~) "C-~--; 0::J :::-;:'--~ ,:.'5 rn ::.-:-/ ~ "'1'- .~ ~; c:- '..J , "c. - .. ,~' .,., '" ""II t. ': IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149 To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Penna.; (2) against Richard L. Fishel, Defendant. (3) and index this writ (a) against Richard L. Fishel, Defendant. as a lis pendens against the real property of the Defendant as follows: ALL that certain tract of land situate in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $85,955.35 Plus costs. with interest from 12/7/00 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $15.8100 per diem, from 12/7/00, late charges from 12/7/00 at 5% of the monthly payment amount, currently $25.22 per month, from 12n/00, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate, if the sale is continued. Dated: ~\,p. \DO Benjamin . Riggs, Jr., I.D. No. 72030 iBilJilillijlliilft;M~rlllilliilll-OWiJl~ffi<ilI'W'~~ill~"'";'~,[oj;"'*~",~"lilll~"'M~if~.lal!lli~diIllIIii"""'''"'''~''''~=~^~"""IillIIiliIIif~~ ~~,-~ '- f ",J. *.. 'i;: " i) 'l I.~ ,h II Ii I I' I~ i:. I' 1.." ': [ij ii rl. Il, 111 I,; i j,. ,~ " I ~ Cl 0 ~ c: C) ~~:: (/) -JC;:'! rq " rnl'j -0 ;;:::::; Z --" I , ;., Z [~.~ c~ uj. , 0' -::~:' I -, () r..r:-:- -\', :.:.-C '--.. :1":)[" --::'.:-'"T1 f?_ :'~i~~ ~1-'< J:.---C.: ...g .::J'f, c;::1 L. ""' :D =< -l -< !l!l<!1 .-. .. -._" ~ ~- ~ ~,,_ ", .0> f , '~ , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1080-12, in the Declaration and Declaration Plan of Sunguild Condominium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Misc. Book 249, Page 784, and Plan Book 37, Page 23, respectively; Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25,1988, recorded June 8,1988, in Cumberland County Misc. Book 350, Page 753, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in andto the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. UNDER AND SUBJECT to easements, covenants, restrictions, reservations, and rights-of-way of record. BEING ALSO the same premises which Archie V. Diveglia, a married man by Deed dated the 22nd day of March, 1993, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 26th day of March, 1993, in Cumberland County Deed Book E-36, Page 704, granted and conveyed unto Richard L. Fishel, single man, the Defendant herein. lWiilialiIIliIllWflli~...m~"',"""lo1.,_~lj#i(l!l!Ui!!:;3li~~~o~.~'liff~'-l_..mIjj"""~'~';" -"'" -"-^-"~....,.-~ ~.' ._-" ( ..t':~ " ,. i h ~ I. I I / o j; ~r (jJ,.'. -< . r-' .-- .,:-:; ~~i~; .-i-""c" ;? =2 ,~ [5 :n {-YO] " , CI -- , )fn ':, '~-:l ,~a ;;,~ c.;;::!:: :;~ c) L-')rn :;! ~ -< ("' _J 'T~ .J'J;>- ...:'<-. ~9 .-J ~'~ '~ l\l ~'*, :-- ~ ~ 2 .'l;) .c -<:: .. v , ~! 'f, ~ ,\ ~ " ~ 0 " "" \:l..\;;) !t:>~ 1\ so c ,. Z .. % (' '''I *-' -l:. " '" ' v- '"'" C) (.... ',,1 "', c! cl c e:. _I W~"._ .",~ <,' '~".~_ ,,~I, -~ -".~-. -,,--,-'..,~,'-- ~ ----',..'~""~~',,,"~ "'. . ,. . PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149 YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Judgment No. 00-2546 Civil Term RICHARD L. FISHEL Defendant :PRAECIPE FOR WRIT OF EXECUTIONo c <>' To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTElR~ , ZX :::7C:::~F:~::::::"~' Pe"",,,""" i~ (1) (2) (3) and index this writ (a) against Richard L. Fishel, Defendant. as a lis pendens against the real property of the Defendants as follows: (,::) c::> en ~.., v IT' :;:;:: V? =2 07 ALL that certain lot or tract of land, with the improvements thereon erected, situate in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $85,955.35 Plus costs. with interest from 12/7/00 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $15.8100 per diem, from 12/7/00, late charges from 12/7/00 at 5% of the monthly payment amount, currently $25.22 per month, from 12/7/00, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate, if he sale is continued. Dated: 'a-\~' t6<:, Benjamin . Riggs, Jr., I.D. No. 72030 -~ it '::'J ~;~ );:0- ;:.;cJ -< .. .. . ~ ' it fIR ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the61[ day of August, 2000, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Archie v. Diveglia 108 Foxfire Lane Lewisberry, PA 17837 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Sunguild Condominium 1300 market Street P.O. Box 622 Lemoyne, PA 17043 Cumberland County Adult Probation 1 Courthouse Square Carlilse, PA 17013-3387 Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Sworn and subscribed to before me thi&l)~&ay of August, 2000 ~..LXc. ~~ , Notary Public My Commission expires Notarial Seal Bridget C. Gallagher, Notary Public ' York. York County My Commission Expires Feb. 22, 2003 "-,_. il~~ a. 00 . , ." _..=~\ (/)~::lO .s $ lfd 2:! 3-- ~ a."",:; ~;iiitj ~'SEE ~ E ti: ti: . 4: is 8.~~ 'IJ.> \...~ j 'l... '; { "" ~ j ~ ~ ~ :.. ~''3 L~~ ~ o ~ ' -[ '1) o (l) <Xl (l) - :a :;; ...: - <Xl '" E .2 "' 0. (/)"tl- ... o.coc lil\Jl!~ ~ 1>>._ ::::J (/)0)::10 .s i! go is l!~-"" ~ 0. . .. "' ~. ~~iiit; ,2!'a)Ee ~ E 1ii ti: . < a &.cfi \, , J 2 ~ . . . II'l (l) lilt Cl <Xl (l) ..., i:!: - CI ~ :!:! - ~ :;; .i ~ ...: - <Xl d '" ...; E a.: J. a. u. "' 0. , U.S, POSTAL SERVICE C RTIFICATE OF AILING MA;v~JE~SO~ FOR DOMESTIC AND INTERNA110NAL MAIL DOES NOT ..., . ',1. E POSTMASTER ' -" .Recelved From' I'" & 1___ A__.. ,.;.., 11;;;~lil ~a"~s ....- iw' ;), ~rttStMt \'i. O. eol. \5068 YOlk. Pi \7405 ., Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. Ocr;:;o~~~ Vi, add1S:~o~~o-..- (;~l ~ 10"6' W\l-Ctre..-' LA..:nc.... \(,- LU_\...)c.bb:-il.~~ {?A- n33l '..... PS Form 3817, Mar. 1989 U$, POSTAL SERVICE CE TIFI ATE OF AI ING MAYBE USED FOR DOM-es11C AND \Nl'Ef\NI\ ilONAL MAIL. DOES NOT P aVIDE FOR INSURANCE-POSTMASTER ellve II, t- V OR federal Satings & loin ' &un. 101 s.{Jeo. Street P. 0, 8.... 1306& Affix fee here in oqt~IJS Ol 'd pc If Pfl ':t f. / . . i i I \~~'~ ,'_\ "~ }'" ~;;;';i~,;..eC0' OJ, ,af (JflJb'~'~ C.........M_mA" ~'~''''n " f:)WU!/,W{./,",""":: ,U-t.&I'~ ; YLvdW m ", 17013- ~ PS Form 3817, Mar. 1989 U.S. P STAL SERVICE CE TIF CATE OF MAl N . MAYBE: USED FOA DOMESTIC AND INTERNATIONAL MAIL,' DOES NOT P IDE 0 I POSl'MASiER fort'1;a;ral Sa,inQJ .. Loan Asso. 1111 S, 'eerte Slutt P. O. lox 15068 Yor. PA 11405 ~ Affix fee here in stamps Qr ",emr postage and post mark. Inquire of postmaster for current fee. .~-'.-'- ,. ,. - (" / ,/'" ':;>\ ,C:,Pl' \ il.'":l~1"'-2 '\"\8- I , r ..4.... \. \" /f \, '-.-/" '.,.... \~\: t One piece of ordlnaf'/ me.\! addressed to: ~un \M.--l<:U Lb'-0...D or. i 30b ~ lLQ..;t PO V!JnY. lJ>;}d.. LL(Y'.O ~ {)ft- PS Form 3817, Mar. 1989 \tD/-}:;' ~~ _Hil~io\l~~IliI~,.":.",,;~~,,,ji;,,_,,i!j$l!il\,lli~~,,,,",,""~'i!l,'C'",",,,'''''''''',~L..j;.-"8iI"_.,."","~'cl.,,mlil~lilililfilIIilIl""" JlIiIioQlr\Wl~ '~_d.&J' ....~... o ~. '- -n'5:: rri r~~ ;2: -: ' C;;.~L' r:;:,:;,', -::--l.; ):;;- :Sb ;;';c' z ::< .-J (:::J CO U) ,'''1 " I en ,', .:n ,- -7rr-j 'jO ~":~(~ ?~ 6rn -'..; )> :0 -< .:c.~ 'f? t l ":1 ,. [ " 1:1 l II I " Ii ~ ~ I 'I 'I I J-"". , . ~ I~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L FISHEL Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 640-12 Geneva Drive Mechanicsburg, PA 17055 1. Name and address of Owner(s) or Reputed Owner(s). Name Richard L Fishel Address 640-12 Geneva Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Name Richard L Fishel Address 640-12 Geneva Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) 100 Gettysburg Pike Mechanicsburg, PA 17055 Upper Allen Township Sunguild Condominium 1300 Market Street P.O. Box 622 Lemoyne, PA 17043 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 ). '0.' l. . Affidavit under PA RCP 3129.1 - Page 2 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) 101 S. George Street, P.O. Box 15068 York, PA 17405 York Federal Savings and Loan Association Archie V. Diveglia 108 Foxfire Lane Lewisberry, PA 17837 5. property: Name and address of every other person who has any record lien on their Name Address (if address cannot be reasonably ascertained, please do indicate) N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) Cumberland County Court House South Hanover & High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) N/A 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. Sec. 4904 relating to unsworn falsification to authorities. Date: ....55:\"'~\OO . Boo~mln8,~~ Attorney for Plaintiff 1.0. No. 72030 lillIli'fIiiiililiillil~*,ijQl'0kiil_~lYIW&I11"1....,~.~1Ii~m~~~..~1iol"'"""';tl;<~\ilfu,~!W;MI ~, .~, -- _~m ,_ " ,,'" ,,_,,, ~~. '" ~_,,~l"~""e _,""~~,._"'" .-,.,r., _". ~',~ '0 '~"'"'_. <''''',,~_~~~ "..~~ "._ ,~~-~ - I~ 1 C) fi -;'~F 27 ~l€~~, ~C' ~2 -? ') ~ "' _~',,,,,~..>-,., .','J ~.~ o C) ,fJ pi -0 C) -T: , u\ . " ,\"n -,':.'y :--:-;() '-i', '~i8 ,~ ,'"' ". ~ -<. :r.:'''' '.0 r:- 0:) . .-.., ,I I,: I I I'. , I;j I:! . 1 ,,," 'I' ~1 Hi ~i !i il 'I t'l I I ~I ~i I '.~.' . - , l;;, '\. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on December 6, 2000 in the COMMISSIONERS HEARING ROOM, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock p.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 640-12 Geneva Drive Mechanicsburg, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 00--2546. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: RICHARD L. FISHEL A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing J , . ],~ ~l~ .. exceptions to it Within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. . It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: "6'"\<};;L\ DD Benjamin Riggs, Jr. Attorney for the Plaintiff (1.0. #72030) liMi'~'".bb'lliM_ii!liill{l!IIdli!J6lliiUllilIillilillMl1llll~__~'''''''"''-'"''--i~~lili!;t_..~""",",,,,,,"","1l>l~ISi:.""" < .~ J 1 . ^ ~.~ '", ~~ ~,~, o :;; uriS qJ~.: ~e.' ~- ~ ~:;C' ::'=CJ )>:;;~ ~ c> D u> ;-fl 'v I a.... ~:,!, '. ::.~.., _I'. '...0 G') t' . I I I I: ~ ' '" =", IilltjIUti," " fA' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 640-12 Geneva Drive Mechanicsburg, PA 17055 1. Name and address of Owner(s) or Reputed Owner(s). Name Richard L. Fishel Address 640-12 Geneva Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Name Richard L. Fishel Address 640-12 Geneva Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Upper Allen Township Address (if address cannot be reasonably ascertained, please po indicate) 100 Gettysburg Pike Mechanicsburg, PA 17055 Sunguild Condominium 1300 Market Street P.O. Box 622 Lemoyne, PA 17043 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 ""' ('" Affidavit under PA RCP 3129.1 - Page 2 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) 101 S. George Street, P.O. Box 15068 York, PA 17405 York Federal Savings and Loan Association Archie V. Diveglia Diveglia & Kaylor 119 Locust Street Harrisburg, PA 17101 5. property: Name and address of every other person who has any record lien on their Name Address (if address cannot be reasonably ascertained, please do indicate) N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) Cumberland County Court House South Hanover & High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau 7. Name and address of every other person of whom the paintiff has knowledge who has any interest in the property which may be affected by the sale: Name N/A Address (if address cannot be reasonably ascertained, please do indicate) I verify that the statements made in this affidavit are tne 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. Sec. 4904 relating to unsworn falsification to authorities. Date: <:::<'\l\\(),o ~'/be.,?"#- Attorney for Plaintiff I.D. No. 72030 ~itilliiiiblll!liOO~Ii!ll!IlillWiiJ~!f~~.~,~ll!ti__-Wi;l<'I~""si.'.lilliJlili<,'_~>llliJl~ J g 0 ~ ""'(j:!: 0 ,OJ G? .~"~ ~93 ~ .~-! ~:L. ___ ~5,; f t1:,-=.J 0", 'JZ ~e :;j. C) Is "'" ~ .::ll: o;ij co Z~ ~ .. 0' 1\> ~ "oJ , , ,. ''''\ I: I I f; i , "~. ,~ -", - .? '"' ~ ". .~ - . I,' ~ J, I b. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant AMENDED AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attomey for YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, the Plaintiff in the abo~~ptioned judgment, who, being duly sworn according to law, deposes that on the&day of September, 2000, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Diveglia & Kaylor Attn: Archie V. Diveglia 119 Locust Street Harrisburg, PA 17101 Copy of Proof of Mailings attached. BekP~~ Attorney for the Plaintiff 1.0.#72030 My Commission expires Notarial Seal Sharon E. Riddle, Notary Public York, York County My Commission Expires July 16. 2001 Mf!mher, pp:nnsvl\mnm l\.ssocfatinn of NotariflS ~~_Iii1[.o..:;-'~-Iildlm~~~~~~;:~''':''IJ',~tiliMlli1;l~1IIIi1 ..J I. _ _, J, ~K c'" "'_'. ,;"Iid"'~.~~. ,-. ~ ~,rm.., ~5: ~.i5 , u~ < ,,~, ~_ _, " \ , I,:. . i , I I' r I I ! I , I I I I I I I i o o en r:J o " :..:;} i,ti.;zJ :;;:rrl Ol ~~ 20 om j -< Ul ~ :x cp /'\) ..., ~ ~' "'.,,~ "-" r E a:l ~ .e ,'0> .k "' Cl , " '" r .- ~.! E 0 " "-.>. .<: , Q) Qi a. " - r -" ~ E t- - ~ r <( 0 t........._ I- Clo 2z -ffi "'0 -0 <1:, :!= <( LL.::;; ~~ '~ ~~ ~ (.)~a: (C' u: ~~ ~~ -ZOO ~ -<( ffi ~~ ~ (.) <( (I) u_~ ~, - (J> ~J. L:; Wu .>; ::;;Z .. w 0<: ,;"l',l; ::o;j g c ex: ., '...~ ," ii: c: '"g, _. , wO ..~J en lJ..~o=E !..1 ...JQa:~2(:!.~ 4: Wo . u.""".,j t-~u. ,"O~il en ~ ?,t.;.._ o Wo ._ a.. aJs: <t~ ~ ui >- \1:I'""i..-; - < ...a: ~ ::> ~ r .,., - Cl -- r-- -- ,"Of ,;~ ~ ....... ~~ lc::1 ..... ~ 00 C'l E ~ o u.. en <l. '.'.."". 'f<' . ~1 ~,,:,,- :', .' ." iil.h!1io. ~1i~1Ii7 -~ii . " .. Iil:....,;"o'~.;-~i --=ullilllllmiillilill_ I ~ _ '.iIIiil ~ ',~,,' .", , i" L' ii" ;1 ~ f; [ I II I] Ii n 0 0- J ~ '0 -" I I rn ._, I ;:ROO M ~~;Il i'!B ""'0' ..~~ ...~ II U'/ ~O ,.. ~ .I~ ::!l: I; ~ . ,... , ~ N ~ -.J . .. ~ .. .- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. 00-2546-Civil RICHARD L. FISHEL Defendant ORDER -J-fA AND NOW, this ;$ day of October, 2000, upon consideration of Plaintiff's Motion for Order Directing Service of Notice of Sheriff's Sale pursuant to Rule 3129.2 and affidavit in support thereof; IT IS HEREBY ORDERED that the Sheriff of Cumberland County is authorized to serve Plaintiff's written notice of Sheriff's Sale of the mortgaged property upon the Defendant Richard L. Fishel, at his last-known address by certified mail, return receipt requested, and by first class mail and by posting a copy of said notice on the property, by advertising notice of the sale in accordance with Pa.R.C.P. 3129.2(d) and in such other manner as the Court shall direct; and IT IS FURTHER ORDERED, that service in the above-described manner shall constitute full and competent service under the Pennsylvania Rules of Civil Procedure. Judge ,7 ~ 0 t?\\/P,(j ~~~'U'iiIIIM~':II~."""" 'j, LV "",1_ ~'" <. ,'~"d,1 ""'.......i....,,,...~~1~iiti;:;,lili:.:t~;;L~gili;;;l,.;.*~~~.".~.b""'-J. . .... , r, :;"1 \ C'~\1\P,-1 \:r\\\j\(i\ \./"\'..J.I_".:\. ::_-:'::"jn.'1. (:\'-~ ;'. '-""f.\ IJ i ;'" ~~ '''J i ;: J.\J ,_, I t --c "'-"~','<" ~'.",-, ," , ,~_- ",.."'- ,"" . ,,', ~, t.' ,. .J~ =-,~ .. ~, ~c~,~ ," ", ,_ ...,. " .~ -, ~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. 00-2546-Civil RICHARD L. FISHEL Defendant MOTION FOR ORDER DIRECTING METHOD OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO RULE 3129,2 AND NOW, comes the Plaintiff, York Federal Savings and Loan Association and, by its attorney, Benjamin F. Riggs, Jr., moves this Honorable Court as follows: I. On April 25, 2000, Plaintiff filed its Complaint initiating an action in mortgage foreclosure with the Prothonotary of Cumberland County, Court of Common Pleas regarding property located at 640-12 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Sheriff of Cumberland County was unable to effect service of the Notice of Sheriff's Sale upon Defendant Richard L. Fishel because Defendant is avoiding service at his last-known address of 640-12 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Sheriff of Cumberland County has made diligent searches and inquiries for the Defendant, but was unable to locate Defendant in their bailiwicks. 4. Plaintiff has made various attempts to ascertain a new address at which Defendant may be served, said attempts being set forth in an affidavit attached hereto and made a part hereof as Exhibit "A". 5. Plaintiff, pursuant to Rule 3129.2 of the Pennsylvania Rules of Civil Procedure, desires to obtain a special order directing the method of service of the Complaint and Notice of Sheriff's Sale upon Defendant Richard L. Fishel. ," " ,- '~'"' " WHEREFORE, Plaintiff moves this Honorable Court for an Order authorizing service of Plaintiff's Notice of Sheriff's Sale on Defendant Richard L. Fishel, by certified mail, return receipt requested, by first class mail, by posting a copy of said notice on the property, by advertising notice of the sale in accordance with Pa.R.C.P. 3129.2(d) and in such other manner as the Court shall direct. Respectfully Submitted, ...~ , "'-' ." C< .,' ~ - -., I,: COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF YORK The undersigned, Bridget C. Gallagher, being duly sworn according to law, does depose and say as follows: I. I am a Paralegal of the Legal Department of York Federal Savings and Loan Association, the above- named Plaintiff. I have personal knowledge of the matters hereinafter referred to and make this affidavit on behalf of Plaintiff. 2. Plaintiff's Notice of Sheriff Sale could not be served upon Defendant Richard L. Fishel, at his most current residence address for personal service by the Sheriff of Cumberland County as the Defendant is avoiding service. 3. Plaintiff has attempted to ascertain an addresses at which Defendant Richard L. Fishel, may be served by the following means: (a) Search of local telephone directory in the Mechanicsburg area which states the Defendant's address as the mortgaged premises and where personal service by the Sheriff of Cumberland County has been attempted four times and has been unsuccessful; (b) Inquiry of Cumberland County voter registration office where the Defendant is registered to vote and the Defendant's address is stated as the mortgaged premises where personal service by the Sherffi of Cumberland County has been attempted four times and has been unsuccessful; (c) Personal service by the Sheriff of Cumberland County; (d) Verification by Plaintiff to the Cumberland County Post Office which verifies that the mortgaged premises is the current address of the Defendant; (e) Contacting the Tax Assessment Office of Cumberland County to verify an address where bills are being sent. Tax Assessment verified Mr. Fishel is the property owner and bills are being sent to the mortgaged premises; and (f) Requesting a recent credit report on the Defendant; said report states Defendant's address as the mortgaged premises where personal service has been unsuccesful. I declare the foregoing information to be true and correct. .~G G~~ Bridget . Gallagher Paralegal SWORN and sU.!?~5iribed to re me this~y c ber, 2 My commission expires: Notarial Seal , Sharon E, Riddle, Notary Public Yorl<, York County My Commission Expires July 16, 2001 P~."".,.h''''I''i~ :\",'~nr,.i"tlnn nf Nnt(m.e~ Mern ~r, ," ,>>"",".. EXHIBIT A " Jo 0""' ill ,~ York Federal Savings and Loan Association -vs- Richard L.Fishel In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-2546 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff s Costs: Docketing Poundage Advertising Posting Bills Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Share of Bills Law Journal Patriot News 30.00 13.40 15.00 15.00 .50 1.00 13.64 7.02 15.00 20.00 20.00 23.15 293.30 216.60 $ 683.61 pd by atty 12/01/00 Sworn and subscribed to before me ~~~4 This 'uM-"dayof ~ 2000, A.D. ~~(l~/~ ro onotary R: Thomas Kline, Sheriff Byft'J:.~ff Real Estate Deputy 1 Do{) 301..5'7- CJu {Ov' r.. f ~ , , _~ . 'f_ ,,"d' ~,I ",-"-,,".,,,. " .-", "'"1:1:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. RICHARD L. FISHEL Defendant No. 00-2546-Civil AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the~'V day of August, 2000, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Archie v. Diveglia 108 Foxfire Lane Lewisberry, PA 17837 Sunguild Condominium 1300 market Street P.O. Box 622 Lemoyne, PA 17043 Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Sworn and subscribed to before me thi~~~aay of August, 2000 (l.,,-,,9a....kC ~ . ' , , Notary Public Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Cumberland County Adult Probation 1 Courthouse Square Carlilse, PA 17013-3387 My.Commission expires Notarial Seal Bridget C. Gallagher, Notary Public ' Yorl" Yorl, County My Commission Expires Feb. 22, 2003 .~ 1Il"tl-...- CoCOC Ell:I\I)l!! ~ ~-S.g '( .5 ~,[ ~ ~o - m Co . .. -;s1i~ ~diEE ~ E tii tii . ~ (j 8.~.f! ..... ''w- '-. ':t _l "" ~ " ,::!. ~ ~ ,~ b -:4 'J -\j{)'..\ ~ '<:S '1l~ 0) CD 0) ~ Ii; ::;: ,.: ;;; '" E 5 u. '" ll. Ill"...... e-iiolj5 ::!jI)~~ lD i:D::l C .s' g.. ~8-.2 mQ. ... " ". G116lii'lil .!....Elll ~E...5 _ /I) II) . :d: s 8.~~ ',- J c: .. 0 g ~' '.. " . ..... 0) 1IO ~ CD g 0) .... '" - ~ - m ::;: '" ,.: .: ~ - CD d '" 1 E c.; 5 >- u. '" ll. ~'''''''~ U.S, POSTAL SERVICE CERTIFICAT OF MA LING MA :V~~E UF~~ FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT ~" .)1.... POSTMASTER .,..... "-':J ,Rec.."e. '",m, I <: _' . 1 --- ,.;... ,.,,;;l:Sa ~.lllgS."""" Assn. i~. ;). (&&1. St.t P.. O. 801. 15068 'todt, PA li405 (~(~ ,~\~ One pIece of ordinary mail eddressed to. Oxrn~e.. Ii, J)~'~oj.-~(V lD15 .fD\l-Ctlt.... ltL..n0 \~ ',-, LeLD \..6tr...~'z..~1 PA 1"l53l I PS Form 3817, Mar, 1989 u. ,pOSTAl SERVIC CERTI ICA TE OF AI IN MAY BE LlseD FOR DOMESTIC AND IN1ERNA,.IOW\.\' N\.6.\L.. DOES NoOT PROVIDE FOR INSURANCE-POSTMASiER e e III , t. York federal Savings & loan ' inn. 101 $, 'beerge Stilet p, 0, Bu" ~061 o~p;ece of ."'nerv m eddre...d to, i '~.. fY(1Ga.LP-rd C0. OJ.' I.Llr PIlJ... C~~ ~\u.cUU- rLwLu m ,,/70(~ PS Form 3817, Mar. ~989 fOll"e~aeral SavingJ & Lalli Ass&. lv'S, fie.",e ~ p 0_ Ill'll 1506& 'fork. PA \7405 One ~iece 01 ordinary mall addressed to: dt-L-n'b~Ld....> LhNLb i 300 'f-..-JcA.-1{ lLVt- '5r. PO V!:Jil\! LPd-d-. V,''''' 0 L~ (>>r It V4- 3 PS Form 3817, Mar. 1989 "'--- "'...... Affix-fee here in stamps or meter postage and post mark.. Inquire of Postmaster for current fee. .-- / /' / " AffiX fee hElle 'In !,;\:l)n\l)$ 0\ 'd pc ,I p~ ~ f. ,/ ~ Affix fea here in stamps or meter postage and post mark. Inquire of Postmaster for current fe9. ....-.",..'-~ ~~ ,.' ,;' ",I ~,~ '", ,*~" ,I . " i',_ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L FISHEL Defendant AFFIOA VIT PURSUANT TO RULE 3129.1 York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 640-12 Geneva Drive Mechanicsburg, PA 17055 1. Name and address of Owner(s) or Reputed Owner(s). Name Richard L. Fishel Address 640-12 Geneva Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Name Richard L. Fishel Address 640-12 Geneva Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) 100 Gettysburg Pike Mechanicsburg, PA 17055 Upper Allen Township Sunguild Condominium 1300 Market Street P.O. Box 622 Lemoyne, PA 17043 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 L~ ,.' ',,,.,,.~ ",_,. ], ;,'1,. _0,-""',," " , Affidavit under PA RCP 3129.1 - Page 2 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) 101 S. George Street, P.Q, Box 15068 York, PA 17405 York Federal Savings and Loan Association Archie V. Diveglia 108 Foxfire Lane Lewisberry, PA 17837 5. property: Name and address of every other person who has any record lien on their Name Address (if address cannot be reasonably ascertained, please do indicate) N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) Cumberland County Court House South Hanover & High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) N/A 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. Sec. 4904 relating to unsworn falsification to authorities. Date: <:;l'"\",:~.-\OO , Be"~~'~~ Attorney for Plaintiff I.D. No. 72030 -' _I, I" 'C'. ,- '< "; >l;" L~ ,'0;" i'i " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Richard L. Fishel 640-12 Geneva Drive Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on December 6,2000 in the COMMISSIONERS HEARING ROOM, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock p.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 640-12 Geneva Drive Mechanicsburg, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 00--2546. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: RICHARD L. FISHEL A SCHEDULE OF DISTRIBUTION, being a list ofthe persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing ~ .~,; 1 - '" I L'" ,. exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIIIID OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: L You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: '1>\~' DD Benjamin Riggs, Jr. Attorney for the Plaintiff (1.0. #72030) 1 ~ , "~ , . ,<.,,' , ,I", _ ,'-. ,,1- :'~ ~-"~' "<"iU; " TO: SHERIFF CUMBERLAND COUNTY COURT HOUSE SOUTH HANOVER & HIGH STREETS CARLISLE, PA 17013 SIR: There will be placed in your hands for service a Writ (Order) of Execution styled as follows: YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, PLAINTIFF, vs. RICHARD L. FISHEL, DEFENDANT, NO. 00-2546. INSTRUCTIONS If Writ of Execution, state what shall be seized and levied upon. If Real Estate, attach two (2) copies of description together with the location of premises. In all services, give full information as to parties to be served with addresses, etc. ALL that certain tract of land situate in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described in Exhibit A, attached hereto and made a part hereof. Benjamin . Riggs, Jr Attorney for Plaintiff I.D.#72030 Telephone:(717) 849-2748 WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. L ~ ' , -" ~ "- '~ ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 00-2546-Civil vs. RICHARD L. FISHEL Defendant ALl.. THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1080-12, in the Declaration and Declaration Plan of Sunguild Condominium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Misc. Book 249, Page 784, and Plan Book 37, Page 23, respectively; Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively; and Second Amendment to Declaration of Sunguild Condominium dated May 25, 1988, recorded June 8, 1988, in Cumberland County Misc. Book 350, Page 753, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in andto the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. UNDER AND SUBJECT to easements, covenants, restrictions, reservations, and rights-of-way of record. BEING ALSO the same premises which Archie V. Diveglia, a married man by Deed dated the 22nd day of March, 1993, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 26th day of March, 1993, in Cumberland County Deed Book E-36, Page 704, granted and conveyed unto Richard L. Fishel, single man, the Defendant herein. - I, L " ... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2546 CIVI~ TERM CIVIL ACTION. LAW TO THE SHERIFF OF CllmhP.r1,mir To satisfy the debt, interest and costs duevnrk COUNTY: FMPrFll ~F1";ngs FInn T,("')An ARRor.i"tion PLAINTlFF(S) from Richard L. Fishel 640-12 Geneva Drive, Mechanicsburq, Pa, 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Cll'rtain tract of land sitllnted in Upper Allen Township. Cllmberl;md County, Pa, See Exhibit "A" (2) You are also directed to attach the property of the defendant(s}l)Ot.levied upOn in the pOssession of , '1"-:,,', '=";:';; :,~ ~ ..-' r,:.': i ' . .... ",!,:. \ . ,"""'"."".""'>",~""'."__"C"-_",,, I"~ -'''\ ..3 .' ,....,'.,~'::..c;_ ,ae, h/:\~" GARNISHEE(S) as lollows: ";-.\-,:.<J~C -,.~' 19(J6(r)J;',': ' "'\.:~,:""""':'i<'"',''''' and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 'enj6inecnrom paying any debt to or lor the account of the delendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; [jill)~: "h.;, \,1 )11'lf I:: ,.-'~. (3) If property otthe defendant(s) not levied upon an subject to attachl)1ent isJound in the possession of anyone other than a named garnishee, Y61J:are~irllPtec,lt() .l)ollfxhlrrilhllrthat he/she lia&been.l!ddedilS:l\9,II.r~isn~.Il!l:nd is,enjoined as above stated. ....:.. Ally's Comm Ally Paid Plaintiff Paid % L.L. Due Prothy Other Costs $ 0.50 5 1.00 Amount Due 585.955,35 Interest * ~pp OTher ~;nP. 548.00 $69,40 Date: ~pp+pmhPr fi ?onn Cllrti", R. Long Prothonotary, Civil Division by: (f,"L Q YnJdP~J Deputy REQUESTING PARTY: Name Beniamin F, Riqqs, Jr., Esq, Address: 101 f;Ollth c..eorge f;treet . p, 0, Box 15068 York. Pa,17405-7068 Allorney lor: P1 Ai nti ff Telephone: (717 )846-8777 Supreme Court ID No. 72030 ~_IIlll_...L...-taillIIIWIJ~~~MiIl!m"M8~"';;''''''li.ill~....'''~I1Wtl'>i~~_I- '"' ~ o~ ~~, .,~~ .8io ,'~ REAL ESTATE SALE No.~y' u INl'EREST: With interest fran JJ.2' /07 /00 at such rate or rates established by Plaintiff pursuant-to the terms of the Adjustable Rate Note currently $15.8100 per diem. from 12/07/00, late charges from 12/07/00 at 5% of the monthly payment amount, currently $25,22 per month, from 12/07/00 attorney's fees, costs of suit and other charges collectible under the Mortgage and for any and all other relief as the Court deems appropriate,if the sale is continued, un J e,tEL ,~... 'J.,;;J.P'O the sheriff levied upon the defendams interest in the real property situated ina~~..... A..aOz. ~l'l.A ~ , Cumberland County\ Pa., known and numbered as: ~Yo"I:J. .JJ~ J~ .' /fJ1,-<I-~..._fy and more fully described on Exhibit "A" filed with ~ GVil this writ and by this reference incorporated herein. ~ "",~t;._.t" 2;"" ~~ l1W ,-. ~ : , "" - .1 ~M~' 1_ ~"' "'"," J ~ ~,'-