HomeMy WebLinkAbout03-0240IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s) ·
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 THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
NO.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s) ·
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de
las quejas expuestas en las paginas siguientes, debe romar 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 o por abogado y presentar en la Corte por
escrito sus defensas o sus objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte
puede decidir en su contra sin mas aviso o notiflcacion por cualquier dinero reclamado
en la demanda o por cualquier otra queja o compensacion reclamados por el
Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA
OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s) ·
COMPLAINT
AND NOW, comes Plaintiff, Waypoint Bank, f/k/a York Federal Savings and Loan
Association and Harris Savings Bank, by and through its attorney, Benjamin F. Riggs,
Jr., and complains of Defendant(s), Matthew J. Kostelac, as follows:
Parties
1. The Plaintiff is Waypoint Bank, 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 235 North 2nd Street,
P.O. Box 1711, Harrisburg, Pennsylvania 17105-1711.
2. The Defendant is Matthew J. Kostelac an adult individual residing at 20
Deer Lane, Carlisle, Pennsylvania 17013 and he is the mortgagor and real owner of the
Mortgaged Premises located at 20 Deer Lane, Carlisle, Pennsylvania 17013,
Cumberland County, having acquired title by Deed dated May 8, 2000, and recorded on
May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record
Book 221, Page 627. Defendant, Matthew J. Kostelac, is the sole owner of the
aforementioned property by operation of law, as the Mortgaged Premises was titled in
the names of Lawrence L. Kostelac, Sr. and Matthew J. Kostelac as joint tenants with
rights of survivorship. Lawrence L. Kostelac, Sr. died on January 4, 2002.
3. Waypoint acknowledges Lawrence L. Kostelac, Sr., deceased, is a
mortgagor of the Mortgaged Premises located at 20 Deer Lane, Carlisle, Pennsylvania
17013, Cumberland County and Waypoint hereby releases the aforementioned
individual from any and all liability in association with this claim.
4. The UNITED STATES OF AMERICA is named as a Defendant in this
action by reason of privilege granted in an Act of Congress of the United States of
America, pursuant to the provisions of 28 U.S.C. § 2410 and 26 U.S.C. § 7425, as
amended.
Federal Tax Liens
5. The names and address of the taxpayer whose liability created federal tax
liens on said Mortgaged Premises is as follows: Matthew J. Kostelac at 20 Deer Lane,
Carlisle, Pennsylvania 17013.
6. The nature of any interest and tax liens of the United States of America is
based on the Notices of Liens duly filed by Defendant United States of America through
the District Director of Internal Revenue in Pittsburgh, Pennsylvania as follows:
Lien Notice No. 01-6396 FTL dated November 2, 2001 and filed in the
Cumberland County, Pennsylvania, Prothonotary's Office, Cumberland
County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013 Pennsylvania, on November 9, 2001, to Docket Number 2001-
06396, in the amount of $8,148.14, together with interest to date, which
lien is filed against taxpayer(s) Matthew J. Kostelac.
A true and correct copy of said Federal Tax Lien Notice is attached hereto, made
a part hereof, incorporated herein by reference, and marked "Exhibit A".
7. The lien of Defendant United States of America referred to in paragraph 5
above, having been filed (respectively) on November 9, 2001 is subordinate in priority
to the lien of the herein described Mortgage, which Mortgage was recorded in the
Cumberland County, Pennsylvania, Recorder's Office on October 19, 1993, as more
fully hereinafter described; and by filing this Action, Plaintiff seeks a judicial sale of said
Mortgage Premises herein described.
Mortgage
8. On or about April 12, 1996, 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 April 17,
1996 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book
1314, Page 507. A true and correct copy of said Mortgage is attached hereto, made a
part hereof, incorporated herein by reference, and marked "Exhibit B".
Assignments
There have been no assignments of said Mortgage.
Default
10. 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 May 1, 2002
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 May 1, 2002.
11. 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.
12. By reason of the default, the following amounts are due in accordance
with the terms of said Mortgage:
Unpaid Principal Balance
Interest from 6/13/00 to 1/6/03
(inclusive) at $6.3973 per diem
Late Charges at 5% of payment amount
Unpaid Insurance
Attorney's Fees 5%
TOTAL AMOUNT DUE
$42,532.03
$ 8,591.15
$ 141.08
$ 930.59
$ 2,322.87
$54,517.72
Compliance with Homeowners' Emergency Assistance Act
13. The Temporary Stay as provided by the Homeowner's Emergency
Mortgage Assistance Program, Act 91 of 1983, has terminated because either:
(i) Defendant has failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiffs written Notice to Defendant; or
(ii) Defendant's application for assistance has been rejected by the
Pennsylvania Housing Finance Agency, a true and correct copy of which is attached
hereto as "Exhibit C".
Compliance With Loan Interest and Protection Law
14. Notice of Intention to Foreclose and Rights Under Pennsylvania's Loan
Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101 et
seg.), as amended, was sent in accordance with said Act to Defendant on May 7, 2002.
A true and correct- copy of said Notice is attached hereto, made a part hereof,
incorporated herein by reference, and marked "Exhibit D".
Termination of Automatic Bankruptcy Sta
15. On or about May 6, 2002 Defendant(s) Matthew J. Kostelac filed Chapter
13 bankruptcy with United States Bankruptcy for the Middle District of Pennsylvania,
which bankruptcy case was docketed to Case No. 0202503.
16. On September 5, 2002, said Bankruptcy Court entered an Order
terminating the automatic stay arising from virtue of 11 U.S.C. § 362(a) with respect to
Plaintiff, and permitting Plaintiff to bring this action to foreclose said Mortgage. A true
and correct copy of said Order is attached hereto, made a part hereof, incorporated
herein by reference, and marked "Exhibit E".
WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan
Association and Harris Savings Bank prays for judgment in its favor and against
Defendant(s) Matthew J. Kostelac in the amount of Fifty-Four Thousand Five Hundred
Seventeen and 72/100 Dollars ($54,517.72), with interest thereon until paid at such rate
or rates as established by Plaintiff pursuant to the terms of the Line of Credit Agreement
Note and Disclosure Statement, currently $6.3973 per diem, from January 7, 2003, late
charges at 5% of the monthly payment amount, currently $22.18 per month from
January 7, 2003, attorney's fees, costs of suit, and other charges collec#ible under the
Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all
other relief as the Court deems appropriate.
Dated: January 13, 2003 By:
Benjamin F. iggs, J .
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
. D. No. 72030
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ToTal
8148.I4
OPEN-END MORTGAGE
THIS OPEN-END MORTGAGE is made this 12 dec of APRIL , 19 96
MATTHEW J. KOSTELAC AND LAWREN~CE L. KOSTELAC SR.
between the Mortgagor,
("Borrower"),
and the Mortgagee, York Federal Savings and Loan Association, a corporation organized and existing under the laws of the United States of America
whose address is 101 South George Street, P.O. Box 15068, York, Pennsylvania 17405-7068 (*'Lender").
LENDER has established a line of credit in the pl4ncipai amount of FTF'q~
($ q fl, 0(~{3 (30 ) for Borrower evidenced by a Homeowners Credit Line Account
Agreement, Note and Disclosure Statement dated '~lq~ rq ] ?, , 19 c~6 (the "Agreement"), the terms and provisions of
which are incorporated in this open-end Mortgage by referen~ce;
TO SECURE to Lender repayment of the indebtedness evidenced by the Agreement, with interest on it; payment of al1 present and future
advances made in accordance with this open-end Mortgage to protect its security, with interest on those sums; and performance of Borrower's
covenants and agreements contained in this open-end Mortgage, Borrower mortgages, grants and conveys to Lender the property located in the
County of CUMBERLZkND ., State of Pennsylvania, as described in Exhibit A, attached hereto, which has the address of
20 DEER r__a_~rk-'_ cAr~r,TSr,F, , Pennsylvania 17013
(here~n "Property Address"); (Street) (City) (Zip Code)
TOGETHER with all the improvements now or hereafter erected on thc property, and all easements, rights, appurtenances and rents, ali of which
shah be deemed to be and remain a part of the property covered by this Mortgage; and ail of the foregoing, together with the property (or the
leasehold estate if this Mortgage is on a leasehold) are referred to in this Mortgage as the "Property".
Borrower covenants that Borrower is lawfully seised of the estate conveyed by this Mortgage 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 the encumbrances of record.
It is understood and agreed that this Mortgage is an open-end Mortgage and secures present and future advances made by Lender under the
Agreement to or for the benefit of Borrower, and that the lien of future advances up to the initial Maximum Credit Limit set forth in the Agreement
shah relate back to the date of this Mortgage and that the lien of future advances above the initial Maximum Credit Limit set forth in the Agreement
up to a newly-established Maximum Credit Limit shall relate back to the date an amendment of this Mortgage relating to that increase in the
Maximum Credit Limit is recorded. Pursuant to the Agreement, Borrower may borrow sums under the Agreement from time to time so as long
as the outstanding principal balance does not at any one time exceed the Maximum Credit Limit in the Agreement, now set at FIF'I'Y
THOUSAND ($ qO _ Of 3{3_ 00 ). Borrower and Lender agree that full
repayment of sums outstanding at any time under the Agreement shall not extinguish the ~greement or the security of this Mortgage for amounts
which Borrower may subsequently borrow and owe to Lender under the Agreement, so long as Borrower is still entitled at the time of the
borrowings to obtain additional loans under the Agreement.
Borrower and Lender covenant and agree as follows:
i. Payment of Principal and Interest. Borrower shall pay promptly when due the principal, interest and other indebtedness evidenced by the
Agreement.
2. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed
of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due.
Borrower shall pay or cause to be paid ail taxes, assessments and other charges, fines and impositions attributable to the Property which may attain
a priority over this Mortgage, and leasehold payments or ground rents, if any.
3. Ilazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,
hazards included within the term "extended coverage", and such other hazards as Lehder may require and in such amounts and for such periods
as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall
not be withheld unreasonably. Ail insurance policies and renewals shall be in a form acceptable to Lender and shall include a standard mortgage
clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals, subject to the terms of any
mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage.
4. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower sfiall keep the Property
in good repair and shah not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease
if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or planned unit development, Borrower shall perform ah of
Borrower's obligations under the declaration or covenants creating or governing thd condominium or planned unit development, the by-laws and
regulations of the condominium or planned unit development, and constituent documents.
5. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action
or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower,
may make such appearances, disburse such sums, including reasonable attorney's fees, and take any action that is necessary to protect Lender's
interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums
required to maintain the insurance in effect until the time that the requirement for maintaining the insurance terminates in accordance with
Borrower's and Lender's written agreement or applicable taw.
Any amounts disbursed by Lender pursuant to this Paragraph 5, with interest thereon, at the Annual Percentage Rate disclosed in the Agreement,
shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, those
amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this Paragraph 5 shall require
Lender to incur any expense or take any action under this Mortgage.
6. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give
Borrower notice prior to any inspection specif.ving a reasonable cause for the inspection which is related to Lender's interest in the Property.
7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other
taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the
terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage.
8. Borrower Not Released; Forbearance by L~nder Not a Waiver. Extension of the time for payment or modification of amortization of
the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, tim
liability of the original Borrower and Borrower's successors in interest. Lender shall notbe required to commenceproceedings against the successor
or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage because of any demand made by
original Borrower and Borrower's successors in interest. Any forbearance by' Lender in exercising any right or remedy hereunder or othemvise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Nothing contained in this paragraph shall be
construed as modifving the prov sions of Paragraph l.~ or this i', ortgage.
9. Successors and Assigns Bound; Join and Several Liability; Co-signers. The covenants a,,.~ agreements contained in this Mortgage shal/
bind, and the fights under this Mortgage shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of
Paragraph 15 of this Mortgage. All promises and agreements of Borrower shall be joint and several. Any borrower who co-signs this Mortgage,
but does not sign the Agreement, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to
Lender under the terms of this Mortgage, Co) is not personally liable on the Agreement or under this Mortgage, and (c) agrees that Lender and any
other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage
or the Agreement without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to the Borrower's interest
in the Property.
10. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this
Mortgage shall be given by delivering it or by mailing it by certified mall addressed to Borrower at the Property Address or at any other address
as Borrower may designate by notice to Lender as provided in this Mortgage, and (b) any notice to Lender shall be given by certified mall, rexurn
receipt requested, to Lender's address stated in this Mortgage or to any other address as Lender may designate by notice to Borrower as provided
in this Mortgage. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner
specified in this Mortgage.
11. Governing Law; Severabllity. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the
Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or
clause of this Mortgage or the Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the
Agreement, which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Agreement are
declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law
or limited herein.
12. Borrower's Copy. Borrower shall be furnished a copy of the Agreement and of this Mortgage at the time of execution or after recordation
hereof.
13. Transfer of the Property. Borrower agrees not to sell or transfer voluntar/ly or by operation of law, all or any part of the Property or
an interest in it, without the written consent of Lender, excluding (a) a transfer by devise, descent, or by operation of law upon the death cfa joint
tenant, (b) the grant of any leasehold interest of three (3) years or less not containing an opt on to purchase, or (c) the creation of a purchase money
security interest for household appliances. In addition, Borrower agrees that Borrower will not cause or permit any issuance or transfer of ownership
of stock in Borrower if Borrower is a corporation, or of interests in Borrower if Borrower is a partnership or joint venture, whether by sale,
exchange, conveyance, merger, consolidation or otherwise, if such will result in the transfer of control and management of the Property to other
than the present principals of Borrower.
14. Release. Upon payment of all sums secured by this Mortgage and the termination of the Agreement, Lender shall discharge the Mortgage.
Borrower shall pay all costs of recordation, and satisfaction if any.
15. Interest Rate After Judgement. Borrower agrees that the interest rate payable after a judgment is entered on the amounts owed under
the Agreement or in action of mortgage foreclosure shall be the rate stated in the Agreement.
I~I~WITNESS WHEREOF, Borrower has executed this Mortgage.
Witness:,
LANRENCE L. KOS'ZELAOBcCm~wer
(SEAL)
(SEAL)
COMMONWEALTH OF PENNSYLVANIA,.
On this, the 12 day of APRIL
NOTARY
CTTW~RT ,AND
, ]9 96
County ss:
, before me,
, the undersigned officer, personally appeared
MATTIq'F~ J. KOSTELAC AND ~',ANIRV, NC'F~, ?,. KOSTPT,,3,C
known to me (or satisfactorily proven) to be the person(s) whose name(s)
subscr/b~ instrument and acknowledged that
ntained.
executed the same
<1., ~ E MANCHESTER ~P., YORK ~, PA. ' ,.//
"' expires: ~ ~MMI~ION ~PIRES JAN 13, 1997
I hereby certify that the precise address of YORK FEDERAL SAVINGS AND LOAN ASSOCIATION is 101 South George Street, P. O. Box
15068, York, Pennsylvania 17405-7068; ATTENTION: CONSUMER LENDING DEPARTMENT.
FOILM I417 Homeowners Credit Line 4191
LEGAL DESCRIPTION:
ALL THAT CERTAIhi PROPERTY SITUATED IN SIL'VER SPRiHG TOW~'4SHIP
IN THE COUNT'c' OF CUt~BERLAND, AND STATE OF PEi'4NSYL//ANIA
AND BEING DESCRIBED IN A DEED DATED
AND RECORDED ~ 1,'2] '~? ~M[]Ng TH~ ~ A' P RECOPDS O~ Tk~E ECU~,.~l-V
AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLO~dS
BOOle: 833 PAGE 228,
METES AND BOUNDS
means that the entire outstanding balance of this debt will be considered due immediately and you may lose
the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged property will be sold by the Sheriff
to pay off 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, if legal proceedings are started against
you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (301 DAY period, you will not be
required to pay attorney'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, you still have the right to
cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You may do so by
paving the total amount then past due, plus any late or other charges then due, reasonable attomey's fees and
costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified
in writing by the lender and by performing any other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE 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 four 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 or action will be by contracting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Waypoint Bank
Address: 449 Eisenhower Blvd., Harrisbure, PA 17111
Phone number: (717) 909-2710 or 1-866-929-7646 ext. 2710
Fax Number: (717) 909-2710
Contact Person: Tara Porter-Trowbridge
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_may or may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
Address
Your Line of Credit has been established at $ 50,000.00
5429002519
-~~~ ~ U
Account Number
Ctn rent Periodic Rate:
• 790 % per month. Current ANNUAL PERCENTAGE RATE:
*(THESE RATES MAY VARY AS EXPLAINED IN PARAGRAPH 2.)
Date
9.49
LINE OF CREDIT AGREEMENT NOTE AND DISCLOSURE STATEMENT
%
1. Line of Credit
This Agreement sets forth the terms under which York Federal Savings and Loan Association makes a home equity loan to you. By signing
this Agreement you agree to its terms. The words "you" and "your" in this Agreement mean each and all of the persons who sign the Agreement.
The words "we", "us" and "our" mean York Federal or any person that would have the right to enforce the loan terms.
We will make available to you a Home Equity Line of Credit ("Line of Credit") in the amount stated above. You may borrow all or any portion
of this Line of Credit by completing, signing, and delivering to the payee one or more of the checks which we will furnish you for your Line of
Credit account.
2. FINANCE CHARGE [PLEASE READ THIS PARAGRAPH CAREFULLY]
A finance charge is imposed each day there is an outstanding balance on your Home Equity Line of Credit regardless of the date of repayment.
The finance charge begins From the date we post each advance to your account. We figure the finance charge by multiplying the principal balance
by the daily rate and the number of days at that balance. The daily rate is determined by dividing the interest rate by an interest basis, which is
365.
3. Adjustable Interest Rate
The annual percentage rate applicable to your home equity loan is adjustable.
4. Annual Percentage Rate
The periodic rate used to compute the finance charge is equal to the higher of (a) N/A % per month (corresponding to au ANNUAL
PERCENTAGI; RATE of ~l~ %) or (b) 1 _24 percentage points in excess of the highest base lending rate in effect at Citibank N.A.
in New York City ("Base Lending Rate"), during the billing cycle. The Base Lending Rate can be obtained from us or by phone from Citibank
N.A. at 212-344-0873.
In no event will the periodic rate exceed 16. % per month (corresponding to an ANNUAL PERCENTAGE RATE of 1.33 %)
The montlily rate is determined by dividing the Annual Percentage Rate by 12.
If the Citibank Base Lending Rate increases or decreases, the periodic rate (and the corresponding annual percentage rate) will also increase
or decrease respectively, but not in excess of the above limit. The change in the periodic rate and annual percentage rate will take effect on the
first date of the next billing cycle which begins on or after the date the Citibank Base Lending Rate changes. The effect of an increase in the
periodic rate will be to ina•ease yow• monthly finance charge and hence the amount of your minimum required monthly payments. The effect of
a decrease in the periodic rate will be to decrease your monthly finance charge and hence the amount of your minimum required monthly payments.
5. Introductory Rate [Applicable if Checked] 7.99
~ An inU• Iduc y Annual Percentage Rate of % will apply to your loan from A1~r'il 12 , 96 to April 3Q r 99
On P~IAY ~' ~y ,your interest rate will adjust to the rate disclosed in paragraph 4.
6. Credit Life Insurance/Late Charges
[f you have made a written request for life insurance coverage, and this request has been approved by us and by the insurance carrier, you will
he charged a premium each month for the life insurance coverage. The charge for this is $ •525 per month for each $1,000.00 or
portion thereof of the average daily balance outstanding on your Line of Credit account during the billing cycle.
If you do not pay a monthly installment within fiReen (15) days after its due date, you will be obligated to pay a late charge of 5% of the amount
of such installment.
7. Repayment Schedule
We will send you a monthly statement on a closing date selected by us. This statement will show the transactions and the balance of your
account for the applicable billing cycle. There will be due from you each month on the date indicated on the statement .50 %, of the
outstanding principal balance plus interest due and credit insurance premium if applicable but in no event less than $ ,E _ OO
8. Credit Reviews
Throughout the term of your Line of Credit obligation, we wit! be conducting periodic reviews of your credit and your Line of Credit account.
"These credit reviews will be conducted on at least an annual basis and may be conducted more frequently if necessary.
9. Default
The occurrence of any of the following shall constitute a default by you: (a) the failure to make a monthly payment when due or to pay any
charge or fee when due; (h) fraud or material misrepresentation by you in connection with the Line of Credit; (c) any action or omission by you
which adversely effects our security granted by you in paragraph 12; or (d) a court determines you are bankrupt or insolvent.
In the event of a default by you, you will cease to have the right to any further advances under your Line of Credit, and we may refuse to honor
any checks or drafts presented for payment under your Line of Credit. We may foreclose on the real property described in the Open End Mortgage
securing the Line of Credit, and we may take whatever other action is permitted under the Open End Mortgage and we may exercise any and all
of our rights with respect to any other property securing your loan. We also may demand you pay the full amount you owe on your Line of Credit
immediately. You agree to pay us reasonable attorneys fees and costs of collection incurred by us in the event of your default.
lU. Sale or Transfer of Property
If all or any part of the real property described in the Open End Mortgage is sold or transferred, we have the right to declare all amounts you
owe us under yow• Line of Credit to the immediately due and payable.
11. Sttspettsiott of Credit or Reduction of Credit Limit
Upon the occurrence and during the continuation of any of the following events, we may suspend your Line of Credit or reduce your credit
limit: (a) a significant decrease in the value of your dwelling; (b) a material change in your financial circumstances leading us to reasonably believe
you will he unable to fulfill your repayment obligations; (c) default by you in any material obligation under this Agreement (d) governmental action
which either prohibits us fro-n imposing the Annual Percentage Rate in paragraph 2 or adversely affects the priority of our security interest; (e)
we are notified by our regulatory agency that continued advances would constitute an unsafe and unsound practice; or (fj the maximum Annual
Percentage Rate is reached.
12. Security Interest
To secure your Line of Credit you gave us the following:
^ A security interest in your present and future bank accounts with us.
^ Collateral securing other loans with us.
^ The following described items of security:
f~ An Open End 14~iortgage on your property located at: 20 DEER LANE
CARLISLE PA 17013
This security is intended to secure all present and future advances made by us under this Agreement.
141(-1 PA (08!95) R'hite -Original Canary - Filc Copy Pink -Borrower's Copy Goldenrod -Borrower's Copy
4
1
13. Hsurance
Until your Line of Credit is paid in full you must insure the real property described in the mortgage against fire, casualty and other hazards
and name us as loss payee. The amount of the insurance must equal at least the credit limit of your home equity loan plus the full amount of any
lien(s) that have priority over the mortgage, unless we otherwise agree. You may obtain [Iris insurance from an insurance company of your choice
that is acceptable to as, but you must furnish us with satisfactory proof that our interests are protected and continue to provide proof for tt-e life
of the loan. If you allow cite insurance to lapse we have rite right to advance payment for this insurance and add this cost to your Line of Credit
balance. You must obtain title insurance equal to cite amount of your credit limit on cite real property described in the mortgage, unless we
otherwise agree.
14. No Waiver
Any failure of ours to exercise rights under this Agreement shall not be construed as a waiver of our rights.
15. Amendment and Termination
We may from time to time propose changes in this Agreement by giving written notice of these changes to you. Any amendment will apply
to pre-existing amounts owed on your account unless otherwise specified. The changes will not become effective unless you give written notice
to us shat you accept the changes. Notwithstanding the above, neither notice of nor your agreement to an amendment is required when the
amendment involves an increase in your limit, a reduction of any component of a finance or other charge, a change in insignificant terms (such
as our address for billing purposes), the termination of your loan in accordance with this Agreement, or any change that benefits you, or when the
amendment results from your default or delinquency or from an agreement involving a court proceeding.
You may terminate this Agreement at any time by written notice to us, but such termination shall not affect your obligation to pay the amount
owing to us in accordance with the terms of the Agreement in effect at the time we granted your Line of Credit.
Upon termination or upon suspension of creditor reduction of credit limit pursuant to paragraph 11, you will surrender to us all checks or other
forms issued to you in connection with your Line of Credit account.
16. Joint and Several Obligations
If more than one (1) person has signed the Line of Credit Agreement Note and Disclosure Statement, both or all of you agree that:any one of
you may draw checks under this Line of Credit. This Agreement and all checks drawn by any one of you shall be your joint and several obligations.
We may enforce our rights and remedies under this against each of you individually or against all of you together.
L7. Governing Law
This agreement is governed by the laws of the United States of America and of the state in which this Line of Credit was originated.
14. Your Billing Rights
The following is important information about your rights and responsibilities under the Fair Credit Billing Act.
a. Notify Us in Case of Errors or Questions About 1 our Bil[
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us (on a separate sheet) at P.O.
Box 15068, York, Pa. 17405-7068 Attention: Consumer Loan Servicing Depardnent. Write to us as soon as possible. We must hear fi•om
you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will
not preserve your rights.
In your letter, give us the following information:
• Your name and account number.
• 1'he dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an error, if you need [Wore information, describe the item you are
no[ sure about.
If you have authorized ^s to pay your bill automatically from your savings or checking account, you can stop the payment on any amount
}•ou think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur.
b. I our Rights and Respo-rsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct
the error or explain why we believe the bill was correct.
Alter we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill
you for the amount you question, including finance charges, and we can apply any unpaid amount against yow• credit limit. You do not
have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not iu
question.
If we find that we made a mistake on your bill, you will not have to pay any finance charges related to the questioned amount. if we
didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount.
In either case, we will send you a statement of the amount you owe and the date it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. IIowever, if our explanation does not satisfy you
and you write us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about
your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we dvn't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct.
18. 7'ax llecluctibility
You should consult a tax advisor regarding the deductibility of interest and charges under your Line of Credit.
CREDIT LIFE INSURANCE NOT REQUIRED
T'he purchase of insurance coverage is voluntary and not required for credit Group creditors life insurance is available at rates set by the
Pennsylvania Insurance llepartment and is subject to change by that department. Coverage is available only until age 66. 'The premium charge
for this insurance will be included in your monthly billing as explained in paragraph 3.
Ca" I desire single life insurance coverage Insurance if issued will be provided by:
~ Union Fidelity Life Insurance Company of Chicago, Illinois
i
,~~"~/L~-S-~•z•`~~ T ~~ ~{c, Administrative Office, 4890 Street Road
Signature of j~urcd Berroa~er Date TrevOSe, Pennsylvania 19049
^ We desire joint life insw-ance coverage ^ 1 (We) do not desire insurance coverage
Signature of Joint Insured Bonowcr Date Signature of Borrower
Date
Signature of Joint Insured Borrower Date Signature of Borrower Date
By taking an extension of credit against my Line of Credit account, I (We) acknowledge that I (We) agree to the terms of this Agreement, that 1
(We) have received an executed copy of this agreement and disclosure before signing the Open End Mortgage, and that I (We) have not exercised
our rights to rescind tl-is transaction.
•r~ C ~~G V
Borrower ate
+~
Borrower
Date
1416-2 PA (03195) Rrhite -Original Canary -File Copy Pink -Borrower's Copy Goldenrod -Borrower's Copy
pennsylvania
Housing Finance Agency
Hmaeowners' Emergency
Mortgage Assistance Loan Program
Payments: 2101 North Front Street, P.O. Box 15206
Harrisburg, PA 17105-5206
Correspondence: 2101 North Front Street, P.O. Box 15530
Harrisburg, PA 17105-5530
(717) 780-3940 1-800-342-2397 FAX (717) 780-3995
TTY (7]7) 780-1869
WAYPOINT
449 EISENHOWER BLVD
HARRISBURG, PA. 17111
12/03/2002
SUBJECT:
MATTHEW KOSTELAC
20 DEER LN
CARLISLE, PA. 17013
Loan #: 5429002819
SS#: 173-52-0976
Your application for a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED
pursuant to Act 91 of 1983, 35 P.S. Section 1680.401-C et seq. and/or Agency
Guidelines 12 PA Code Section 31.201 et seq. for the following reasons:
DELETED IN LENDER'S COPY
You may be entitled to an appeal hearing if you disagree with our decision. We must
receive a written request for a hearing within 15 days of the postmark date of this
letter. (Appeal requests must be in writing; a verbal request is not acceptable).
The hearing may be conducted by a telephone conference call; therefore, you must
include your telephone number. Requests for hearings must state the reason(s) that a
hearing is requested and must be sent first class, registered or certified mail to:
Chief Counsel Hearing Request, PHFA/HEMAP, 2101 North Front Street, P.O. Box
15628, Harrisburg, Pennsylvania, 17105-5628. The Agency will attempt to schedule the
hearing within thirty (30) days after the request is received. When sending your
appeal, please be sure to print your name legibly and include your social security
number.
You have a right to be represented by an attorney in connection with your appeal. If
you cannot afford an attorney you may be eligible for Legal Services representation.
You can contact a Legal Services representative through the following toll free
number: 1-800-732-3545. Please be aware that scheduling an appeal hearing does not
necessarily stay foreclosure proceedings.
DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE:
1. Disclosure inapplicable.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating
against credit applicants on the basis of race, color, religion, national origin,
sex, marital status, age (provided that the applicant has the capacity to enter into
a binding contract); because all or part of the applicant"s income derives from any
public assistance program; or because the applicant has in good faith exercised any
right under the Consumer Credit Protection Act. The Federal Agency that administers
compliance with this law concerning this creditor is the Federal Trade Commission,
Equal Credit Opportunity, Washington, D.C.
The Pennsylvania Housing Finance Agency
LOOK FOR US. W~'LL GET YOU THERE.
September 9, 2002
ACT 91 & ACT 6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in defanit, and the lender intend;;
to foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (EEMAP) mag be able to help to
save your home. This notice explains how the program works.
To see if I~MAP can help~ you ~nust MEET WITH A CONSUMER CREDIT COUNSELINC
AGENCY WH'ItlN 30 DAYS OF THE DATE OF Tills NOTICE. Take this Notice with you whe.
you meet with the Counseling A~ency.
Tile nalne, address and phone number of Consumer Credit Counseling A,enco ..... ; ....
servin~ your County are listed at tile end of this Notice. If you have any questions~ you may
call the Pennsylvania Housing Finance Agene,¢ toll free at 1-800-342-2397. (Persons with
impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to
help explain it. You may also want to contact an attorney in your area. The
local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN Al)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNED1TAMENTE LLANIANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUtVIERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLANIADO ',HOMEO%rNER,S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMIR SU I-HPOTECA.
Box 1711. HARRISBUR6, PENNSYLVANIA 17105-1711
HOMEOV~rNER'S NAME:
PROPERTY ADDRESS:
MAH ,lNG ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
Matthew J Kostelac
20 Deer Lane, Carlisle PA 17013
20 Deer Lane, Carlisle PA 17013
5429002819
York Federal Savings and Loan Association
CUllRENT LENDER/SERVICER: Waypoint Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (TILE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed
at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30)
DAYS. IY YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI J .ED "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 agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated
consumer credit counsetine aaencies for the count,/in which the property is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately 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 have the right to apply
for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you
must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one
of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
1
If funds are received and negotiated in less than the total amount due
including legal fees and costs; Waypoint Bank reserves the right to
return the funds to you and continue with legal proceedings pending
receipt of the total amount due.
{ ~ ~
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIlvIES IN
ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE 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 HAVE TO SUCH
ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
Tara Porter-Trowbridge
Collection Couselor II
TPT
counseling agencies have applications for the pro,am and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTiON---Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During
that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set
forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANICRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFO~ATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT. (If you have fried bankrnptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property
located at:_ 20 Deer Lane, Carlisle PA 17013
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: A payment of $12059.45 for the months of June 2000 through
September 2002.
B. Other charges:_Late charges of $47.96_
Total A_mount Past Due:_$12,107.41_
HAVE FAILED TO TAKE THE FOLLOWING ACTION:
HOW TO CLrRE THE DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE, LENDER, WHICH IS
$12,107.41 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Pawnents must be made either by cash, cashier's check,
certified check or money order made vayable and sent to:
Waypoint Bank
449 Eisenhower Boulevard
Harrisburg, PA 17111
IF YOU DO NOT CURE THE DEFAULT---If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This
LOOK FOR US. WE'LL G~T YOU TH~R~.
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
FAX (717) 541-4670
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
YWCA of Carlisle
301 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, Pa 17104
(717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
PO Box 171[, HARRISBURG. PENNSYLVANIA 17105-1711
Toll Fr'e6 t-866-WAYPOINT (I-866-9;:'E~-7646). IN YORK AREA 717/81E;-4BOO - wvvw. w~lnninfhnni( r-nm
¥1 Waup i.n
LOOK FOR US. W6'LL G6T YOU TH6RE.
September 9, 2002
The subscriber below of the U. $. Post Office located at 5120 Deny ~treet, Harrisburg, PA
17111, does hereby cert~; that an envelope was mailed with postage repaid by First Class Mail
fi'om the Waypoint Bank addressed to Matthew J Kostelac, 20 Deer Lane, Carlisle PA 17013
prope~4y deposited U. S. Mail for delive~y this 9th clay of September, 2002.
U. $. Post Office
5120 Derry Street
Harrisburg, PA
P.O._BOX !71 I, HAREISI~U?;, P6..SYLVA.IA ..... 17105-1711 Lp,~;"
.~099 LLhE ~DO0 09~0 2002
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
In Re:
MATTHEW J. KOSTELAC, Debtor
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Movant
VS.
MATTHEW J. KOSTELAC
Respondent
No. 1-02-02503
CHAPTER 13
PROCEEDING
ORDER
AND NOW, this__~-~'*¢ day of ~C¢¢)~r~6r 2002, in consideration of Movant
Waypoint Bank's Motion for Relief from Automatic Stay and Debtor's failure to file an
answer or objection to said Motion in a timely manner, and this Court being satisfied
that Movant is entitled to the requested relief, IT IS HEREBY ORDERED that the
automatic stay in this matter as it applies to Waypoint Bank is hereby lifted to permit
Waypoint Bank to foreclose on the subject property located at 20 Deer Lane, Carlisle,
Cumberland County, Pennsylvania 17013, to otherwise enforce its rights under its
Mortgage, and to distribute the surplus proceeds, if any, to the trustee. Rule 4001(a)(3)
of the Federal Rules of Bankruptcy Procedure does not apply to this Order.
BY THE COURT
BANKRUPTCY JUDGE
CC:
Matthew J. Kostelac
20 Deer Lane
Cadisle, PA 17013-9093
Gregory S. Hazlett, Esquire
20 South Market Street
Mechanicsburg, PA 17055
Charles J. DeHart, III, Trustee
P.O. Box 410
Hummelstown, Pa 17036-0410
Benjamin F. Riggs, Jr., Counsel
Waypoint Bank
P. O. Box 1711
Harrisburg, PA 17105-1711
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 the
Default Manager of Waypoint Bank, 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.
WAYPOINT BANK
Dated: ",'~ ~ ~ By:
0~-~,, L_~.._ ~.-~'~._~ -~
Stacy Armstror~g
Default Manager
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
No. 03-240-Civil Term
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendants
AFFIDAVIT OF MAILING
The Affiant hereby affirms that he served the Defendant, United States of America, on
January 22, 2003 at its offices in Harrisburg cio U.S. Attorney's Office, Attn: Joseph J. Terz,
Federal Building, Ste. 217, 228 Walnut Street, Harrisburg, Pennsylvania 17101; Internal
Revenue Service, Philadelphia, Pennsylvania 19225; and Internal Revenue Service, 111
Constitution Avenue, N.W. Washington, D.C. 20224-0001, by certified mail, return receipt
requested and by first class mail with the Complaint - Mortgage Foreclosure.
Dated: January 22, 2003
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
Attorney for Plaintiff
Waypoint Bank
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
: SS.
On this 22nd day of January, 2003, before me, a Notary Public of the Commonwealth
and County aforesaid, personally appeared Benjamin F. Riggs, Jr. Known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument and acknowledge
that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and offic,~.al seal.
Notary Public
My Commission Expires:
Notarial Seal
Sandra M Aulbach, Notary Public
City ~f '¢or~ York County
My Commis$1or' Expires May 23, 2005
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s)
No. 03-240-Civil Term
That the Defendant, United States of America, is not indebted to the Plaintiff.
That the aforesaid premises shall be sold at a judicial sale, notice of which shall
be served on the Defendant, United States of America.
That the judicial sale of said property shall discharge the federal tax liens referred
to in paragraph 6 of Plaintiff's Complaint.
STIPULATION
It is hereby stipulated and agreed by and between counsel for Plaintiff and the
Defendant, United States of America, as follows:
1. That the premises referred to in the Complaint is owned by the Defendant,
Matthew J. Kostelac.
2. That the federal tax lien referred to in paragraph 6 of Plaintiff's Complaint in the
amount of $8,148.14 is junior in time to the Plaintiff's mortgage set forth is
paragraph 8 of said Complaint.
3. That the Defendant, United States of America, agrees to the entry of a judgment
in this action in favor of the Plaintiff and against the United States of America for
the foreclosure and sale of the mortgage property which is the subject of this
action.
Dated:
Dated:
That the proceeds of sale shall be divided and distributed as the parties may be
entitled and any funds due the United States of America shall be sent to the
Financial Litigation Unit, United States Attorney's office, Suite 309, Federal
Building, Scranton, Pennsylvania 18501.
That the Defendant, United States of America, preserves its right of redemption
as provided in Title 28, United States Code, Section 2410(c).
The parties to this Stipulation shall bear their own respective costs in this
proceeding.
/~,~ ,2003
U.S. Attorney
BY:A~ ~
ttorney
Attoil-,e.y' for Defendant
United States of America
Attorney for Plaintiff
Waypoint Bank
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s):
TO: Matthew J. Kostelac
20 Deer Lane
Carlisle, Pen nsylvania 17013
No. 03-240~Civil Term
DATE OF NOTICE: February 27, 2003
Dated: February 27, 2003
IMPORTANT NOTICF
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
Benjamin F. Riggs, ,~r!
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s)
No. 03-240-Civil Term
CERTIFICATE OF SERVICF
I HEREBY CERTIFY that on February 27, 2003, a 10-day Default Notice in the
above-captioned matter was mailed to Defendant, Matthew J. Kostelac, by regular mail,
postage prepaid. A true and correct copy of the 10-day Default Notice is attached
hereto and incorporated herein by reference.
Dated: February 27, 2003
Benjami~ F. Ib, iggs,' · '
Jr.~
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
SHERIFF'S RETURN
CASE NO: 2003-00240 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK
VS
KOSTELAC MATTHEW J ET AL
REGULAR
KENNETH GOSSERT , Sheriff or Deputy Sheriff of'
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
KOSTELAC MATTHEW Jthe
DEFENDANT
at 20 DEER LANE
, at 0845:00 HOURS, on the
6th day of February , 2003
CARLISLE, PA 17013
MATTHEW KOSTELAC
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.83
Affidavit .00
Surcharge 10.00
.00
32.83
Sworn and Subscribed to before
me this ~ ~
~ day of
F Prothonotary
So Answers:
R. Thomas Kline
02/07/2003
WAYPOINT BANK
By:
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY,
PENNSYLVANIA
ACTION- - MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
AND HARRIS SAVINGS BANK
Plaintiff
No. 03-240 Civil Term
VS.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s)
PRAECIPE TO ENTER JUDGMENT
To the Prothonotary:
ENTER JUDGMENT in the above case for failure to file, or enter, a timely
Answer to Plaintiff's Complaint in Mortgage Foreclosure against Matthew J. Kostelac in
favor of Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris
Savings Bank for the following:
Amount Due Per Complaint ..........
Interest from 1/7/03 through 3/11/03
(inclusive) at $6.3973 per diem ......
Late Charges from 1/7/03 through 3/11/03
(at 5% of payment amount) ........
$54,517.72
$ 4O9.42
$ 44.16
TOTAL AMOUNT $54,971.30
with interest from March 12, 2003 at such rate or rates established by Plaintiff pursuant
to the terms of the Note currently $6.3973 per diem, from March 12, 2003, late charges
from March 12, 2003 at 5% of the monthly payment amount, currently $22.08 per
month, 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.
I HEREBY CERTIFY that on February 27, 2003 a 10-day Default Notice in the above-
captioned matter was mailed to the Defendant, Matthew J. Kostelac, by regular mail,
postage prepaid. A true and correct copy of the 10-day Default Notice is attached
hereto and incorporated herein by reference.
DATE: March 11, 2003
Benjamir~ ~ - u- f
F. {iggs, Jr.
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
Yk.o..~ck~ /,-/ ,2003 Judgment entered by the Prothonotary this day
according to the tenor of the above statement.
Pmthono~'r~
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s) ·
No. 03-240-Civil Term
TO:
Matthew J. Kostelac
20 Deer Lane
Carlisle, Pennsylvania 17013
DATE OF NOTICE: February 27, 2003
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.
Dated: February 27, 2003
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
By:~"
Benjamin F. 'Rigg~S, ~r~.
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
MAi tHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s)
No. 03-240-Civil Term
CERTIFICATE OF SERVICF
I HEREBY CERTIFY that on February 27, 2003, a 10-day Default Notice in the
above-captioned matter was mailed to Defendant, Matthew J. Kostelac, by regular mail,
postage prepaid. A true and correct copy of the 10-day Default Notice is attached
hereto and incorporated herein by reference.
Dated: February 27, 2003
Benjamir~ F ~iggs,'Jr"
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
-•.
r-
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.,}
~ ~. " { ~ ~
~„
y/S
Matthew J. Kostelac
OFFICE OF THE PROTHONOTARY
Cumberland County Court House
One Courthouse Square
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6195
Date:
20 Deer Lane
Carlisle, Pennsylvania 17013
No:
03-240 Civil Term
RE:
WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND
LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff
VS. MATTHEW J. KOSTELAC and UNITED STATES OF AMERICA,
Defendant(s)
(x)
(x)
Notice is hereby given that a judgment in the above-captioned matter has been
entered against you in the amount of $54,971.30 on
A copy of all documents filed with the Prothonotary in support of the within
judgment is/are enclosed.
Prothonotary ' ' .
by:
If you have any questions concerning the above case, please cont~ollowing
party:
Benjamin F. Riggs, Jr.
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
(This Notice is given in accordance with Pa.R.C.P. 236.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ACTION-- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
AND HARRIS SAVINGS BANK
Plaintiff
No. 03-240 Civil Term
VS.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s)
Commonwealth of Pennsylvania
County of York
AFFIDAVIT OF NON-MILITARY SERVICE
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, Matthew
J. Kostelac, is not in the military service of the United States of America, that he has
personal knowledge that the said Defendant, Matthew J. Kostelac's, last-known address
is 20 Deer Lane, Carlisle, Pennsylvania 17013.
Sworn and subscribed before
me this 11th day of March,
2003
Notary Public
My Commission Expires
By:
Benjamin F.'Riggs, J~' ~,/
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
Notarial Seal
Sandra M. Aulbach, Notary Public
City of York, York County
My Commission Expires May 23, 2005
Member, Pennsylvania Association ot Notaries
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IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
ACTION- - MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
AND HARRIS SAVINGS BANK
Plaintiff
No. 03-240 Civil Term
VS.
MATTHEW J. KOSTELAC
UNITED STATES OF AMERICA
Defendant(s)
PRAECIPE TO DISMISS
Please dismiss the above-captioned case without prejudice and satisfy
the judgment that was entered on or about March 14, 2003.
Dated: July 24, 2003
BY:Benjamin 17. Riggs,~/
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030