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Home My WebLink About03-0241IN 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): AVlSO 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 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 notificacion 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 ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 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): COMPLAINT AND NOW, comes Plaintiff, Waypoint Bank, f/Ida 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 October 27, 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 October 19, 1993 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1173, Page 432. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit B". Assignments 9. 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 December 1, 2000 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 December 1, 2000. 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 $46,457.31 Interest from 11/1/00 to 1/6/03 (inclusive) at $8.4323 per diem $ 6,008.93 Late Charges from 12/1/00 to 1/6/03 (inclusive) at $31.28 per month $ 811.04 Escrow Deficit $ 4,442.61 Taxes due 4/1/03 $ 308.80 Homeowners' Insurance due 7/21/03 $ 950.00 Taxes due 8/1/03 $ 871.92 Uncollected Legal Fees/Costs $ 6,064.97 Attorney's Fees 5% $ 2,322.87 TOTAL AMOUNT DUE $68,238.45 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 Plaintiff's 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". Inapplicability of Loan Interest and Protection Law 14. 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. § 101 et seq.), as amended, nor are notices required to be sent to Defendant(s) pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. Termination of Automatic Bankruptcy Stay 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 D". 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 Sixty-Eight Thousand Two Hundred Thirty Eight and 45/100 Dollars ($68,238.45), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Note, currently $8.4323 per diem, from January 7, 2003, late charges at 5% of the monthly payment amount, currently $31.28 per month from January 7, 2003, escrow charges, currently $224.85 per month from January 7, 2003, 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. Dated: January 13, 2003 By:. ~ Benjamin Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 p3 ~.~~,'; ~ d~., ;~~4Y ~ Fj~ ~~?• '~R Nr ~t"'7'~. ; ~ ~;~ Jan-lO-ZOOS IZ:O{pm From-PREMiER .~$1'RACT Form 668 09(c) Deportment of the T~ry - I~rnal ~ven~ ~ N~ce M Ams: LI~ Unit P~ne: (8oo) ~{~9-~65o CARL.'_'$L~, PA 17013-9092{ IMPORTANT IIILEASIT INFOIO,IATIOH= ~ u=~ mmssme~t ~d below, urde~ fl°tic° 04' t~e Ibm it raffled by ~ date g/van bt mlumn [el, thl~ not~e ~, {n IRC 622S(a). 10Rd o/TaX T~ll~d 1040 ~(13-52-0975 ~aoo of ~l~o Proth~ota~y Cu~barland County Carlisle, PA 17013 0148.14 8148.14 PITTSBURG~, ~?A · On lhil, fSpace Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Securi~ Instrument") is given on OCTOBER 19TH, 1993 Themortgagoris MATTHEW J KOSTELAC and LAWRENCE L KOSTELAC SR , AS JOINT TENANTS ("Borrower"). ThisSec~ityInstrumentisgivento YORK FEDERAL SAVINGS AND LOAN ASSOCIATION whichisorganizedandexisfingunder thelawsof THE UNITED STATES OF AMERICA , and whosead~essis 101 $. GEORGE STREET, YORK, PA 17401 ("Lender"). Borrower owes Lender the princinal sum of SEVENTY-ONE THOUSAND TWO HUNDRED , ~r ,Y AND **/************************************ Dollars (U.S. $ 71250.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, ff not paid earlier, due and payable on NOVEMBER 1, 2008 . This Security Inslrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of ali other sums. with interest, advanced under paraFaph 7 to protect the security of thi~ Security Instrument; and (c) the performance of Borro~ver's covenants and aFeements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ~ ~ CUMBERLAND County, Pennsylvania: (SEE ATTACHED LEGAL) which has meadda'ess of 20 DEER LANE Streeti Pennsylvania 17013 ("Propers, Adch-ess"); [Zit~ Code. PENNSYLVANIA -- Single Family -- Fannie Mae/Freddie Mac UNIF'ORM INSTRUMENT CARLISLE [City] ACCOUNT ~: 100053990 Form 3039 9/90 (page ] of d pages) Sram Lakes Business Forms, lnc [] To Ordergall: 1-800-~30-9393 ~FAX 616-79%1131 ACCOUNT #: 100053990 TOGET~R WITH all the improvements now or hereafter erected on the property', and all easements, appurtenances, and fL'~tures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. Al/of the foregoing is referred to in this Secur/ty Instrument as the "Propers,." BORROWER COVEN?~'4TS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, pant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and w/ll defend generally the title to the Property a~ainst al/ clmms and demands, subject to any encumbrances of record. ~ THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenanLs with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIYORM COVENANTS. Borrower and Lender covenant and am-ee as follows: 1. Payment of Principal and Interest; Prepayment and Late C~harges. 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 apphcable law or to a wr/tten 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 prioriB, over this Security Instrument as a lien on ~e Property; (b) yea.dy leasehold payments or ground rents on the Property, ff any; (c) yearly hazard or property insarance premiums; (d) yearly flood insurance premiums, ff any; (e) yearly mortgage insurance premiums, ff any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of para~aph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any me, collect and hold Funds in an amount not to exceed the max/mum 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 er sect. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect ~nd 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 furore 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, ff Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender mai, 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 FLmds 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 a~eement is made or applicable law requires interes~ to be paid, Lender shall not be reauired to pay Borrower an}, interest or earnings on the Funds. Borrower and Lender may a~ee m writing, however, that ihterest shall be Caid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and ~ebits 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 Lime is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and. ih such case Borrower shall pa), to Lender the amount necessary to make up the d~efiaiency. 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 para~aph 21, Lender shall acquire or sell the Property, Lender,'prior to the acquisition o'r 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 blt this Security Instrument. 3. Application of Payments. Unless applicable law- provides otherwise, all payments received by .Lender under paragaphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under para~aph 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 mal, attain priority over this Secarit¥ Instrument, and leasehold payments or gound rents, if any. Borrower shall pay these obligadons in the manner provided i~ para=m:aph 2. or il' not paid in that manner, Borrower shall pay them on Lime directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragaph. If Borrower makes these payments direcdy, 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: (ia) agrees in writing to the payment of the obligation secured by the-Iien ~ a manner acceptable to Lender; (b) contests in good fai~ the lien by, or defends a~ainst enforcement of the lien in, legal proceedings which in the Lender?s opinion o~erate to prevent the enforcement ~f the Lien; or (c) secures from the holder of the lien an a~eement saLisfastory t(~ Lender subordinating the lien to this Security Instrument. If Lender determines that an}, part or-the Property is subject to a lien which may attain priority over this Security Instrument. Lender may give Borrower a notice identifyinz 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 no'ce. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property. , insured against loss by. __fire, __hazards included within [he tr~rm_ ............ ;'r"~'rended coverage" -and ---~nx' .......... C~Lh.r~'r h.q':-~r,4 e, i. nj~ ..... Ilri{nrrm floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and [T--M 1950L2 (g2111 Form 3039 9/90 (pagu 2 of 6 page* Greal Lakes Business Farms, Inc. I~ ToOrderCa[l: 1-ttOO-530-g}g3 ~FAX 618-79%1131 ACCOUNT #: 100053990 for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shal/ not be unreasonably withheld. If Borrower fails to maintam coverage described above, Lender mai', at Lender's option, obtain coverage to p~'otect 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 shalI have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carnet and Lender. Lender may make proof of toss if not made prompily 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 reaoranon or repair is not economicaliy feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured bv this Securib, Instrument, whether or not then due, with an), 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 [o settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by 'this Security Instrument, whether or not th~n due. The 30~day period will begin when the notice is given. Unless Lender and Borrower otherwise a~ee in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's fight to an), insurance policies and proceeds resulting from damage to the Property prior to the acqui}ition 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 BorroweFs phncipal residence within sixty days after the execution of this Security Xnstrument and shall conl~nue 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 uniess extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destro3,, damage or impair the Property. allow the Property re deteriorate or commit waste on the Procerty. Borrower shall be in default ff any forfeiture action or proceeding, whether civil or criminal, is begun that ' ~ ' ' - m Lender s good faith judgment could result in forfeiture of the Properb, or otherwise materialJy impair the hen created by this Securiw Instrument or Lender security interest. Borrower may cure such a default and reinstate, as provided in parag-raph 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 imcairment of the hen created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Bo{-rower. during the loan application process, gave materially false or inaccurate infbrmation or statements to Lender (or failed to ~rovide Lender with any material information) in connection with the loan evidenced by the Note, including, l~ut not limite~fi 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 ProDerty, the leasehold and the fee t/fie shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significanfly affect Lender's rights in the Property (such as a proceeding in bankrumcy, 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 the Property to make repairs. Although Lender may take action under ' 7, Lender does not have to do so. tins paragraph Any amounts disbursed by Lender under this paragraDh 7 shall become additional debt of Borrower secured by this Security InstrumenL Unless Borrower and Lender a~ee to~ other terms of payment, these amounts shall bear interest from the dar? of disbursement at the Note rate and sh~dl be payable, with interest, upon notice from Lender to Borrower requesung payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of m ~aldng 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 [o be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost subsrlmdally equivalent re the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortga=e insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall p~¥ Lender each month a sum equal to one4welfth 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 retmn these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the opuon of Lender. if mortgage insurance coverage (in the anmunt and for the period that Lender~reouires) provided by an insurer approved by Le~er again becomes available and is obtained. Borrower shall pay the preiniums required to maintain mortgage insurance in effect, or to provide a loss reserve, und/ the requirement for mortgage insurance ends in accordance with any written agreement betsveen Borrower and Lender or apphcabie law. 9. Inspection. Lender or its agent may make reasonable entries upon and insr~eclions of the Prooertv. Lender shall give Borrower nofice at the dme of or prior to ~n in?~mlon o,,~.;~,,~ 10. Condemnation. The proceeds of any award or eimm for damages, direct or consequenual, in connection with ITEM 1950L3 (9211) Form 3039 9/90 (page $ of 6 pages. ACCOUNT~.~' 100053990 an.',, condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. ' ' In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security, instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property ~ 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 befor~ the taking, unless Borrower and Lender otherwise a~ee in writing, the sums secured by this Security Inslrument shall be reduced bv the amount of the proceeds multiphed bx7 the following fraction: (a) the total amount of the sums secured immediately be'fore the taking, ali's'ideal by (b) the fair marker value of the Property immediately before the taldng. An), balance shall be pa/d to Borrower. In the event of a partial talcing of the Property in which the fair market value of the Property immediately before the talcing is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise a~ee in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured bv this Sec~-ity Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or/f, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice is Lender is authorized to collect and appty the proceeds, at its option, either to restoration or repair of the Property or}o sums secured by this Sectmty Instrument, whether or not then due. Unless Lender and Borrower otherwise a~ee in w,dtmg, 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 such payments. 11. Borrower Not Released; ForbearanceB,~3 ,L, ender Not a Waiver. Extension of the time for payment or modZfication of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the habtlicy 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 amortization of the sums secured by this Secmdty Instrument by reason of any demand made by the origthal Borrower or Borrower ~ successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a wa/vet of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound: Joint and Several Liability: Co-signers. The covenants and agreements of this Sec'anry Instrument shal/b/nd and benefit the successors and assigr~'s' of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be ioinr and several. Anv Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this'Security Instrument ~nly to mortgage, gran~and convey that Borrower's interest in the Proper~ under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may' agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without mat 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 final/), 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 akeady 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 plfincipal, 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 dehvering it or by mailing it by first class ma// unless appI/cable law requires use of az{other method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that an,,, provision or clause of this Security instrument or the Note confLicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provmions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Secm~ity Instrument. 17. Transfer of the Pruperty or a Beneficial Interest in Borrower. [f 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, ar its option, require immediate payment in full of ali sums secured bY this Security ~nstrument. However, this option shall not be exerci}ed by Lender if exercise is prohibited by federal law as ~-f me date of this Security instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall nrovide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay ~1 sums secured this Security Instrument. If Borrower fails to pay these sums prinr to the expiration of this period, Lender may invoke an~, remedies permitted by this Securi _fy Instrument without further notice or demand on Borrower. enforcement of this Security instrument discontinued at an5' time prior to the earlier of: (a) 5 days (or such other period as iTEM 1950Lz (a211) Form 3039 9/90 (page4 qf6page,~) ii73 ACCOUNT ~: 100053990 apphcable law ma5, specify for reinstatement) before sale of the Proper¢- pursuant to an), power of sale contained in this Secud~/Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (all pays Lender all sums which then would be due under this SecuriB, 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 Securit), Instrument. including, but not limited to. reasonable attorneys' fees; 'and (d) takes such action as Lender may reasonably require to assure that the hen of this'Security Instrument, Lender's rights in the PropeH, and Borrower:s obligation to pay the sums secured by this Security Instrument sh~ continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obi/cat/one secured herebv shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall n~ot apply in the case o{ acceleration under para~aph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (to~ether with this Secufin, Instrument) ma), be sold one or more times without prior notice to Borrower. A sale may result ~n a change in the entitY, (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security, Instalment. There alsO) ma), 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 para~aph 14 above and ap¢Iicable law. The not/ce 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 apphcable 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 th~ 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 Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to mamrenance 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 Environmen~ Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govemmen~ or regulatory authorits,, that any removal or other remediation of mn), Hazardous Substance affecting the Property is necessary, Borrower shall promptly rake all necessary remedial actions in accordance with Environmental Law. As used in this para~aph 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 setroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and-radioactive materials. As used in this para~aph 20, Env~ronmenrm Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENA24TS. 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 notil), Borrower of, among other things: (a) the default: (b) the action required to cure the default; I.c) when the default must be cured; and (d) that failure to cure the defauit as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further infor~ 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 demand 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. 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 nay any recordation costs. 23. Waivers. Borrower, to the extent permitted-by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or futu~'e laws providing i'or stay of executiom extension of time, exemption from attach~nent, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to remstate Drovided in para~aph 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 tide to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower adh-ecs 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 lime to time under the Note. ITEM ~950L5 Form 3039 9/9(I (.sage 5 of 6 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this S~curity Instrument, the covenants and a~eemenrs of each such rider shall be /ncorporated into and shal! amend and supplement the covenants and a~eements of this Security Instrument as ff the rider(s) were a part of this Security Instrument. [Check apphcable box(es)] [__] Adjustable Rate Rider / I Condomthium Rider i i t~4 Family Rider Graduated Payment Rider [-~ Planned Unit Development Rider B/weekly Payment Rider I ! Ball°°nRider [ Rare Improvement Rider Second Home Rider Other(s) [specifyl RIDER TO PARAGRAPH 18 AND ADDENDUM BY SIGNLNG BELOW, Borrower aczepts and agrees to the terms and covenants contained in pages 1 through 6 of ~his Security Instru~ment and in any r/der(s) executed by Borrower and recorded with it. ~tnesses: MATTHEW J:KOSTELAC (Seal) -Bo~ower (Se~) -Borrower COMMONSVEALTH OF PENNS',~V.4JXrlA' CUMBERLAND County ss: On this, the 19TH da5' of OCTOBER, ] 993 , before me, ,- r the undersigned officer, personally appeared MATTHEW d KOSTELAC and LAWR:NC~ L KOSTELAC SR 'known to me (or satisfactorily proven) to be rite person £ whose name £ a r e subscribed to the within instrument and acknowledged that t hey executed the same for the purpose herein contained. IN WITNESS VCHEREOF, I hereunto set my hand and official seal. -' My Commission e_x. pires: NOTARIAL SEAL ~¢,!LDP, ED M. TE'TER, !,:,. -: : .-. Public ilRl'rigbtt;-.q., ),.hh ,,',, gOtint,,. PA CERTIFICATE OF RES IDENCE I, do hereby certify that the correct address of the within named lender is 17401 ' :57/%. :"- ' Wimess my hand this .." 7- - aay of / ritla of 0~7-~ ACCOUNT #: 100,.d'53990 / Form 3039 9/90 (oage 6 old.ages} 101 S. GEORGE STREET, YORK, PA :. L /y_5 ./ RIDER TO PAP 4GR_&PH 18 I/We, the undersigned Borrower(s), do hereby agree that the following Rider ro Paragraph 18 o.f th..e. Mo~gage/Deed of Trust executed by me/us this 19TH day of OCTOBER, 1995, snau t~e effect ve in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage/Deed of Trust. The term "reasonable attorney's fees", 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 $300.00, whichever is greater. This, provision shall be void in ~e event this Mort*age/Deed of Trust is transferred ~o the Feaeral Home Loan Mort~a~,e Co oration Freddie Mac" or the ~ '" .... ~ = rp ( ), Federal National Morr_a~e ,qssomanon t fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. MATTHr.,W ,,b"KOS 1 r~LAtJ (SEAL) (SEAL) (SEAL) .(SEAL) NOTE OCTOBER 19 ,19 93 HARRISBURG , PENNSYLVANIA [City] tState] 20 DEER LANE, CARLISLE, PENNSYLVANIA 17013 [Property Addre~l 1. BORROWER'S PROMEISETO PAY In return for a loan that I have received, I promise to pay U.S.$ 71250.00 (this amount is called "principal"), plus interest, m the order of the Lender. The Lender is YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, 101 S. GEORGE STREET, YORK, PA 17401 · Iunderstand that the Lender may transfer this Note. TOe Lender or anyone who rakes this Note by u:ansfer and who is entitled to receive payments under this Note is called, the "Nora Holder." 2. INTEREST Interest will be charged on unpaid principal und] the full amount of prhacipal has been paid. I will pay interest at a yearly rate of 6. fi 25 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Nom. 3. PAYIVIENTB (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 1ST day of each month beginning on DECEMBER 1 ST I9 93 . I will make these payments every month until I havepaid all of the principal and interest and any other charges described below that ! may owe under this Note. My monthly payments wiJt be applied to interest before principal. If, on NOV EMB ER 1 2008 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "mamri~ date." PENNSYLVANIA 17401 or at a different place ff required by the Note Holder, (B) Amount of Monthly Payments My monthly payment wilt be in the amount of U.S.$ 625.57 4. BORROWER'S RIGHT TO PREPAY I have the right m make payments of principal at any dine before they are flue· A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder ha writing that I am doing so. I may make a fulI prepayment or partial prepayments without paying any prepayment charge. The Note Holder wU/use ali of my prepayments to reduce the amount of principal that i owe under this Note. If I make a part/al prepayment, there will be no changes in the due date or ha the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which ser~ maximum loan charges, is finally interpreted so that the interest or other loan charges collected or tn 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 perraltted [imic and (ii) any sums air.dy collected from me which exceeded pertained limits wU/be refunded to me. The Note Holder may choose to make this refund by reduc/ng 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. 6. BORROWER'S FAILURE TO PAY' AS REQUIRED: (A) Late cllarge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of F I FT E EN ( 15 ) calendar days alter tbe date it is due, I wil/ pay a late charge to the Note Hnlder. The amount of the charge wiil be 5.000 %of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I wu/be in default. (C) Notice of Default If I am in default` the Note Holder ma5' send me a written notice telling me that it' I do not pay the overdue amount by a certain date, the Nora Holder may require me to pay immediately the full amount of principal which has not been paid and ail the interest that I owe on that amount. T~at date must be at lea.st 30 days alter the date on which the notice is deLivered or marled to me. (D) No Waiver By Note Holder Even il', at a d.me when I am in default, the Note Holder does not require me to pay llnmediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later Emu. (E) Payment of Note Holder's Costs and Expenses . -- If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid bach by me for ail of irs costs and expenses ha enforcing this Note m the extent not prohibited by appbcable 7. GIVING OF NOTICES by delivering it or by mailing it by first class mail tm me at the Property Address above or at a different address if I give the Any notice that must be given to the Note Holder under this N~te will be given by mailing it by First ClZLSS mail LO the Note Holder at the address stated in Section 3(A) above or at a different address ff I am given a notice of that different ~ I ~ "By indialing, the Borrower(s) acknowledge(s) that this page is page 1 of 2 ~n~ltia[~ tn/unix of thc M'ulfistate Fixed Rate Note." ACCOUNT NO: ] 0005399( MULTISTATE FIXED RATE NOTE - Single Family - FNMA/FHLMC Ut'4IFORM INSTRUt,4ENT Form 3200 ~2tB2 8. OBLIGATIONS OF PERSONS UNDER TI-IlS NOTE If mere than one person signs this Note, each person is fully and personaLly obligated to keep all of the promises mada in this Nnte, including the promise to pay the full amount owed. Any person who is a guarantor~ surety or endorser of {/tis Note is also obligated to do these things. Any person who rakes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also nblJgated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each persun individually or against all of us together. This means that any one of us may be requkeq to pay ail of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presanmtent and notice ef cfishonur. "PresenUnent" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the fight to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrament with Iimited variations in some jurisdictions, tn addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security InslTument"), dated the same date as this Note, protects the Note Holder from possible losses which might result ff 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make imntextiate payment in full of al/amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or h-ansferred (or ff a beneficial interest in Borrower is sold or transferred and Borrower is not a nardral person) without Lender's prior written consent. Lender may, at its option, require intmediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercise~ by Lender ff exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall gSve Borrower notice of acceleration. The notice shall provide a period of ant less than 30 days fram the date the notice is delivered or mniled within which Borrower must pa)' ali sums sacra-ed by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this per/od, Lender may invoke any rome&icc permitted by this Security Instrument without further notice or demand on Borrower. WITNESS TH~ HAND(S) AND SEAL(S) OF ~ UNDERSIGNED. MATTHEW J K~'TELAC (Sos1) (S~) (Seal/ r, Seal) [Sign Original Only] "By initiating, the Borrower(s) aaknuwledge(s) that Otis page is page 2 of' 2 of the Mull/state Fixed Rate Note." ', ~ NOTE OCTOBER 19 .19 93 HARRISBURG ,PENNSYLVANIA [City] [State] 20 DEER LANE, CARLISLE, PENNSYLVANIA 17013 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$ 71250.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, 101 S. GEORGE STREET, YORK, PA 17401 . (understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. IN`fEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 6.625 X90• The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1$T day of each month beginning on DECEMBER 1ST , 19 93 . I will make these payments every month until I have paid all of the principal and interest and any other chazges described below that I may awe under this Note. My monthly payments will be applied to interest before principal. If, on NOVEMBER 1 2008 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at YORK FEDERAL SAVINGS AND LOAN ASSOC, 101 SOUTH GEORGE STREET, YORK, PENNSYLVANIA t74o1 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S.$ 625.57 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of principal at any time before they are due. A payment of principal 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 partial prepayments without paying any prepayment chazge. 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 paztial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CIiARGES 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 pazdal prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN (15 ~ calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 ~o of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described, above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given [o me under this Note will be given by delivering it or by mailing it by firs[ class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be 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 Section 3(A) above or at a different address if I am given a notice of that different address. "By initialing, the Borrower(s) acknowledge(s) that this page is page 1 of 2 niuats tnitials of the lvfdustate Fixed Ratc Note." ACCOUNT N0: 100053990 MULTISTATE FIXED RATE NOTE -Single Family • FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12183 Form 1646Lt (BBt 2) Page l of 2 Greet Lakes Bustnesa Forma, lnc. ~ USA 1-Ag0.253-0209 0 MI 1-E00-35E•26~30 FAX (6[6)•781-1131 r l ~, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs Qris Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of tJtis Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surely or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder tnay enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE Tlris Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I tnake in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower 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 ttre expiration of this period, Lender may invoke any remedies permitted by this Security Instrument will~out farther notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. KIT1~ItiSLD ,~ „~ MATTHEW J K TELAC .8 ~ o~> .B ~ o~> _B (S~) _B (S~) jSign Original Only) ` J ~ By initialing, the Borrower(s) acknowledge(s) that this page is page 2 of 2 of Ilre Multistate Fixed Rate Note." ~ ~.. Initials Initials (-~, ,3 /~ ~( worm t6~s1.2 (ee t 2) Paae 2 0l 2 Great Lakea Buslnest Forms, Inc. ~ USA i•600-253.0209 ^ MI 1-A00-35A-263 ^ fAX (616)•791.1131 Pennsylvania Housing Finance Agency Homeowners' 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 (717) 780-1869 WAYPOINT 449 EISENHOWER BLVD HARRISBURG, PA. 17111 12/03/2002 SUBJECT: MATTHEW KOSTELAC 20 DEER LN CARLISLE, PA. 17013 Loan ~: 98000539~0 SS#: 173-52-0976 Your application for a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of i983, 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 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 CHAPTER13 PROCEEDING ORDER AND NOW, this,~'*¢ dayof ~'¢p)~r~' 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 Carlisle, 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: ///5~ By: Stacy Armstror{g Default Manager ~~ ~ . ~ m ~,-. . ~ _ ~, .~. W ~ C• ~ _ -~ r_ U~ `-' Cri w r ~ ~ ~= ~ . -~ ~ .`_° C ~' ~ ~ t~ '~+ `~, _- --~; ~.-_ :__.; rn .t s' 4 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 Defendants No. 03-241-Civil Term COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK 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 c/o 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 Forecl. . · Dated: January 22, 2003 By:~ 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. My Commission Expires: IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public City of York, York County My Commission Expires A,~ay 23, 2005 Notarial Sea! Sandra M. Aulbach, Notary Public Member, Pennsylvania Association ot Notaries m Ir ru nj n ~:~ Certified Fee Return Receipt Fee (Endorsement Required) I-1 Restricted Delivery Fee (Endorsement Required) I--I Total Postage & Fees 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. 03-241-Civil Term MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s) ' 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. 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. 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. 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. 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:39se~)h J. Te~ A....~ant U.S.JAttorney Attorney for Dbfendant United States of America Dated: ~_~.~_~, 2003 By'~ Attorney for Plainti' 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) ' No. 03-241-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 ggs, 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, No. 03-241-Civil Term MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s): CERTIFICATE OF SERVICE 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 By:.~ Benjamin Riggs, Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00241 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS KOSTELAC MATTHEW J ET AL 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 J the DEFENDANT , at 20 DEER LANE CARLISLE, PA 17013 at 0845:00 HOURS, on the 6th day of February , 2003 by handing to MATTHEW KOSTELAC 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 . A.D. So Answers: R. Thomas Kline 02/07/2003 WAYPOINT BANK 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. 03-241 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 .......... $68,238.45 Interest from 1/7/03 through 6/11/03 (inclusive) at $8.4323 per diem ...... $ 1,315.43 Late Charges from 1/7/03 through 6/11/03 (inclusive at $31.28 per month) ........ $ 156.40 TOTAL AMOUNT $69,710.28 with interest from June 12, 2003 at such rate or rates established by Plaintiff pursuant to the terms of the Note currently $8.4323 per diem, from June 12, 2003, late charges from June 12, 2003 at 5% of the monthly payment amount, currently $31.28 per month, escrow from June 12, 2003, currently $224,85 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 10, 2003 By: Benjamin F~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 '~///j ,2003 Judgment entered by the Prothonotary this day according to tl~e tenor of the above statement. Prothonotary' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, FIK/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, Pennsylvania 17013 No. 03-241-Civil Term 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.rRig~ts~ 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. No. 03-241-Civil Term MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s) · CERTIFICATE OF SERVICE 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 Benjamin Attorney for Plaintiff P.O. Box 171':1 Harrisburg, PA 17105-1711 Phone: (717), 815-4518 I.D. No. 72030 • t ~~ t~ v 1 n 0 W ~- W v A ~. c ~\ 1 w ~rr K~~ rri , ; ` ~ ::~ .~ ~ c~ ~ _ .~. """ --- t-' 1fJ C~ C'f1 ~-"~ ~~3 .~ 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. 03-241 Civil Term VS. MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s) Commonwealth of Pennsylvania County of York AFFIDAVIT OF NON-MILITARY SERVICF 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 10th day of March, 2003 Notary Public My Commission Expires By: ' ~,ig,gs, J~ Benjamin F. . -- Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 j ~Jc)t~trial Seal $¢tr~dr~ ~'. ,~ul0~h Notary Public Ci~ -',.~ County My Co~~, ...... ~s May 23, 2005 Member, Pennsylvania Association of Notaries Notarial Seal Sandra M. Aulbach, Notary Public City of York York County My Commission Expires May 23, 2005 Member, Pennsylvania Association of Notaries C~ w --~ .:A , r ti_- _ G'~ ~-..~. "'_' i~ G.. ~L ~, ~ `r-. " s7 ~ : - Ci ' ' ~. ~ -' C t.p ~ r t ! --. -{ J Gr} ..{ U ^. ^',w 11 ^~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION-- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 03-241 Civil Term vs. MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s) PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149 -Fo the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania. (2) against Matthew J. Kostelac, Defendant. (3) and index this writ against Matthew J. Kostelac, Defendant as a lis pendens against the real property of the Defendant as follows: ALL that certain tract of land, with the improvements thereon erected, situate in Silver Spring Township, Cumberland County, as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $69,710.28 I// with interest from June 12, 2Q0~3~=-~ such rate or rates established by Plaintiff pursuant to the t~'i-ms'-0¥th~'Note currently 8.~.8=~3 per diem, from June 12, 2003, late charges from June 12, 2003 at 5% of the monthly P~iyme~-~--~~rrently $31.28-p-~:'~oont~'i ........... e~s-C-rg."gVi~f-(o~-iJ~i~-~'~1.~_,_2~Q.3,_.cu~rrently~85 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. Dated: March 10, 2003 Benjamin' ~ggs, ~Jr.,i~L:/'~i~uire Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1' BEGINNING at a post, corner of lands now or formerly of John Kutz., now or formerly of the heirs of Gordon Leonard, deceased; thence of North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21~ degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAINING 5 acres and 123 perches, more or less and having thereon erected a two story frame dwelling house and barn. TRACT NO. 2: BEGINNING at a point on the southern Side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which lane exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac. Tax I.D. No. 38-05-0433-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-241 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Waypoint Bank f/k/a York Federal Savings and Loan Association and Harris Savings Bank Plaintiff (s) From Matthew J. Kostelac, 20 Deer Lane, Carlisle, PA 17013 and United Sates of America, U S Atty's Office, P O Box 11754, 228 Walnut St., Harrisburg, PA 17101 (1) You are directed to levy upon the property of the defendant (s)and to sell Real Estate located at 20 Deer Lane, Carlisle, PA 17013 (see attached legal description). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,710.28 Interest 6/12/03 ~ $8.4323 per diem Atty's Comm % Arty Paid $114.83 L.L..$0.50 Due Prothy $1.00 Other Costs late charges from 6/12/03 ~ $31.28 per month ~ Escrow from 6/12/03 / mo per month Plaintiff Paid Date: March 11, 2003 (Seal) REQUESTING PARTY: Name Benjamin S. Riggs, Jr Esquire Address: P O Box 1711, Harrisburg, PA 17105 CURTIS R. LONG Prothonotary By: Deputy Attorney for: Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Telephone: (717) 8154518 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. 03-241 Civil Term VS. MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.? TO: Matthew J. Kostelac 20 Deer Lane Carlisle, Pennsylvania 17013 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on June 11, 2003, in the SHERIFF'S OFFICE, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 at 10:00 A.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: 20 Deer Lane Carlisle, Pennsylvania 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 03-241 Civil Term. THE NAME OF THE OWNER(S) or REPUTED OWNER(S) OF THIS PROPERTY IS/ARE: MATTHEW J. KOSTELAC 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 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, One Courthouse Square, Carlisle, Pennsylvania 17013. 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 SE I FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICF: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. 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, One Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATE: March 10, 2003 Benjamin I~. Ri~lgs, JrO';'~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1' BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the heirs of Gordon Leonard, deceased; thence of North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21~ degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAINING 5 acres and 123 perches, more or less and having thereon erected a two story frame dwelling house and barn. TRACT NO. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which lane exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac. Tax I.D. No. 38-05-0433-005 n r : a . to ~. t'r'y ..., :.,, .,_ 4-- _.. -~ .: . ~ . *~ ~ r- ~~-' a..._;. ~1 t J _'it ~~j' ~:'+. ' ? ~ ~ . j_ E-' _ ~ L l17 ~~r n r~ C.~ ~ 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. 03-241 Civil Term VS. MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s) NOTICE PURSUANT TO PA. R.C.P. 3129.? NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Matthew J. Kostelac. Jerry Lucas Gregory Goulds Bi-Tek Building Contractors c/o Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 N. 2nd Street Harrisburg, Pennsylvania 17110 c/o Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 N. 2nd Street Harrisburg, Pennsylvania 17110 c/o Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 N. 2nd Street Harrisburg, Pennsylvania 17110 Keystone Financial Helen Cernugel, Executrix and Trustee Estate of Anna Bernard 433 South 18th Street Camp Hill, PA 17011 cio Edward L. Schorpp, Esquire 10 East High Street Carlisle, Pennsylvania 17013 U.S. Attorney's Office Thomas A. Marino U.S. Attorney Internal Revenue Service Internal Revenue Service Cumberland County Tax Claim Bureau Attn: Joseph J. Terz Federal Bldg., Ste. 217 228 Walnut Street Harrisburg, Pennsylvania 17101 P.O. Box 11754 228 Walnut Street Harrisburg, Pennsylvania 17101 Philadelphia, Pennsylvania 19255 1111 Constitution Avenue N.W. Washington, D.C. 20224-0001 South Hanover and High Streets Carlisle, Pennsylvania 17013 You are hereby notified that on June 11, 2003 at 10:00 A.M., prevailing local time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Waypoint Bank, f/Ida York Federal Savings and Loan Association and Harris Savings Bank vs. Matthew J. Kostelac and United States Of America, No. 03-241 Civil Term the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Court House, One Courthouse Square, Carlisle, Pennsylvania 17013, County of Cumberland real estate of Matthew J. Kostelac and numbered as 20 Deer Lane, Carlisle, Pennsylvania 17013 (Cumberland County). A description of said real estate is hereto attached. You are further notified that a Proposed Schedule of Distribution will be filed by the Sheriff of Cumberland County on July 11, 2003, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. By: DATE: March 10, 2003 Benjamin' F. ~ggs, Jr ' ' Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1' BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the heirs of Gordon Leonard, deceased; thence of North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21~ degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAINING 5 acres and 123 perches, more or less and having thereon erected a two story frame dwelling house and barn. TRACT NO. 2: BEGINNING at a point on the southern Side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which lane exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 87 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac. Tax I.D. No. 38-05-0433-005 L3 T ._~ ~ z~; ~'~~ ~~~~ ~~ - ~.:: f ,, ~~_ -- - t - ' {~.. „ :_ t ~ ;~; Ti ~ _... ~j. ; -^~ ~IJ ~a 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. Dated: March 10, 2003 By:~~~~j~-- Benjamin ' Rigg Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (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 AND HARRIS SAVINGS BANK Plaintiff No. 03-241 Civil Term VS. MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s) Commonwealth of Pennsylvania County of York 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 Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the 10th day of March, 2003, a Notice of Sheriff's Sale in the above- captioned case was mailed, via first class mail, postage prepaid, to the following: Jerry Lucas Gregory Goulds Bi-Tek Building Contractors c/o Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 N. 2nd Street Harrisburg, Pennsylvania 17110 c/o Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 N. 2nd Street Harrisburg, Pennsylvania 17110 c/o Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 N. 2nd Street Harrisburg, Pennsylvania 17110 Keystone Financial Helen Cernugel, Executrix and Trustee Estate of Anna Bernard U.S. Attorney's Office Thomas A. Marino U.S. Attorney Internal Revenue Service Internal Revenue Service 433 South 18th Street Camp Hill, PA 17011 c/o Edward L. Schorpp, Esquire 10 East High Street Carlisle, Pennsylvania 17013 Attn: Joseph J. Terz Federal Bldg., Ste. 217 228 Walnut Street Harrisburg, Pennsylvania 17101 P.O. Box 11754 228 Walnut Street Harrisburg, Pennsylvania 17101 Philadelphia, Pennsylvania 19255 1111 Constitution Avenue N.W. Washington, D.C. 20224-0001 Cumberland County South Hanover and High Streets Tax Claim Bureau Carlisle, Pennsylvania 17013 Copy of Proof of Mailing is attached hereto. DATE: March 10, 2003 Sworn and subscribed to before me this 10th day of March, 2003 Notary Public My Commission expires: Benjamin'S. R'iggs, ~-- - Jr. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 Notarial Seal 1 Sandra M Aulbach. Notary Public Cit.,, ** '/ork York County MY ':,~'",-~'~;r,,,:' Exr¢lr¢~ r'\~ay 23, 2005 Mem~:~: '~-';'.,~'~ :, ,,~ ¢;.~ ~ ~,,sociatlon Of Notaries 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. 03-241-Civil Term MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendants MOTION FOR ORDER DIRECTING METHOD OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO RULE 3t29.2 AND NOW, comes the Plaintiff, Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank (hereinafter "Waypoint Bank"), by its attorney, Benjamin F. Riggs, Jr., and moves this Honorable Court as follows: 1. Plaintiff initiated an action in mortgage foreclosure with the Prothonotary of Cumberland County, Court of Common Pleas on January 16, 2003 regarding property located at 20 Deer Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Waypoint Bank is unable to effect personal service of the Notice of Sheriff's Sale upon Defendant, Matthew J. Kostelac, as it is the opinion of the Cumberland County Sheriff's Department that the Defendant is evading service. Sheriff's Sale is currently scheduled for June 11, 2003. 3. 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". 4. 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 Notice of Sheriff's Sale upon the Defendant, Matthew J. Y, ostelac. WHEREFORE, Plaintiff moves this Honorable Court for an Order authorizing service of Plaintiff's Notice of Sheriff's Sale on Defendant, Matthew J. Kostelac, by certified mail, return receipt requested, and by first class mail to his last known address of 20 Deer Lane, Carlisle, Pennsylvania 17013. Dated: April 21,2003 By: Respectfullly Submitted, Benjamin Rigg Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No.. 72030 (717) 815-4518 EXHIBIT a COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS: AFFIDAVIT The undersigned, Julie A. Osborn, being duly sworn according to law, does depose and say as follows: 1. I am a Paralegal in the Legal Department of Waypoint Bank, the above- named Plaintiff. I have personal knowledge of the matters hereinafter referred to and make this affidavit on behalf of Plaintiff. 2. Plaintiffs Notice of Sheriffs Sale cannot be served upon Defendant, Matthew J. Kostelac, at his most current residence address for personal service by the Cumberland County Sheriffs Department as they believe he is evading service. 3. Jody Smith, Real Estate Clerk, of the Cumberland County Sheriffs Department informed the undersigned that Defendant's p~-_,rsonal attorney inquired as to when Sheriffs Sale was and at that time Jody Smith asked Defendant's attorney where they might find him and he indicated Defendant's last known address of 20 Deer Lane, Carlisle, Pennsylvania 17013. 4. Plaintiff has attempted to ascertain an address at which Defendant, Matthew J. Kostelac, may be served by the following means: a. Calling directory assistance and verifying a telephone number for Defendant of (717) 766-2106; this number corresponds to his last known address of 20 Deer Lane, Carlisle, Pennsylvania 17013; b. Doing a reverse search by telephone number and finding a listing for Defendant, Matthew J. Kostelac at 20 Deer Lane, Carlisle, Pennsylvania 17013; c. Contacting the Tax Assessment Office of Cumberland County and verifying that the tax bills are being sent 1:o the Defendant, Mathew J. Kostelac and his father, Lawrence L. Kostelac, Sr., now deceased, at 323 Somerset Drive, Shiremanstown, Pennsylvania 17011, which was the residence of Mr. Lawrence L. Kostelac, Sr., now deceased; d. Contacting the Cumberland County Voter Registration and verifying that Matthew J. Kostelac is not a registered voter in Cumberland County; and e. Searching the Internet for the Defendant, Matthew J. Kostelac, and locating an address and telephone number for him at 20 Deer Lane, Carlisle, Pennsylvania 17013, telephone 71'7-266-2106. I declare the foregoing information to be true and correct. SWORN and subscribed to before me this 21st day fApril, 2003.. ,, - Notary Pul~lic My commission expires: ~"A. Osborn ~'aralegal `T ~, . _, ~~ r. ~~ ,, _ ._~~- -~ ~~ ~.-_ _ ,. ,__ . ~.. v-~ . _, cr~~ ,-!, -_, ~, _ ._ _ ~c r~_ _ 4. ~? _;`.:~ ~~~"'~ _- .:, `=~ Ja r- -~ •~ =< APR 2 4 Z003 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 Defendants No. 03-241-Civil Term AND NOW, this '~day of ~R2003, upon consideration of Plaintiffs Motion for Order Directing Service of Notice of Sheriffs Sale Pursuant to Rule 3129.2 and affidavit in support thereof; IT IS HEREBY ORDERED that Plaintiff is authorized to serve the Plaintiffs written notice of Sheriff's Sale of the mortgaged property upon the Defendant, Matthew J. Kostelac, at his last known address by certified mail, return receipt requested, and by first class mail 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. BY T ./.HE~-COU . ,~", - 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 VS, Plaintiff No. 03-241-Civil Term MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendants AFFIDAVIT OF MAILING The Affiant hereby affirms that he served the Defendant, Matthew J. Kostelac, on April 30, 2003 at his last known address of 20 Deer Lane, Carlisle, Pennsylvania 17013 by first class mail and on May 1, 2003 at his last known address of 20 Deer Lane, Carlisle, Pennsylvania 17013 by certified mail, return receipt requested with the Notice of Sheriff's Sale of Real Property Pursuant to Pennsylvania Rules of Civil Procedure 3129.2. Dated: May 5, 2003 By: ~:~. ~1,/// aenja~in/F. Riggs,g~. / Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK · SS. On this 5th day of May, 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 official seal· Notary Public My Commission Expires: Notarial Seal I Sandra M. Aulbach, Notary Public City of York. York County My Commission Expires May 23, 2005 Member, Pennsylvania Association ot Notaries U.S. POSTAL SERVICE CERTIFICATE OF MAILING ~ ..... ~,,rein stamps PROVIDEMAY BE USEDFoR INSU~~-~FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N ~ Received From: ~ApNT~.~ (~:::)~.~) / PO. BOX 1711 '~¢X,.~0~' ~,~/E~.~_ ,,..,,.~ One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 Restdcted De~lvely Fee (Endorsement Required) Total Postage & Fees COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wavl~oint Bank fica York Fed Savs& Ln Assoc is the grantee the same having been sold to said grantee on the 11 th day of June A.D., 2003, under and by virtue of a writ Execution issued on the 1 lth day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 241, at the suit of Wavnoint Bank fka York Fed Says & Ln Assoc & Harris Says Bk against Matthew J Kostelac is duly recorded in Sheriff's Deed Book No. 258, Page 587. leal ~f said TESTIMONY WHEREOF, I have hereunto set my hand office this ~ day of A.D. 2003 CNN ~:~ecorder of Deeds Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank VS Matthew J. Kostelac and United States Of America In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-241 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriff's Sale and Description upon one of the within named defendants, Matthew J. Kostelac, in the following manner: The Sheriff mailed a copy of the pendency of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to his last known address of 20 Deer Lane, Carlisle, PA 17013. This letter was mailed under the date of April 21, 2003. The unopened letter was returned to the Sheriff's Office on May 9, 2003 marked "UNCLAIMED." Defendant was served pursuant to court order by the plaintiff's attorney. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2003 at 9:11 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Matthew J. Kostelac located at 20 Deer Lane, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the stun of $1.00 to Attorney Benjamin Riggs for Waypoint Bank, f/kJa York Federal Savings and Loan Association and Harris Savings Bank. It being the highest bid and best price received for the same, Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Saving Bank of P.O. Box 1711, Harrisburg, PA 17105-1711, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,015.62. Sheriffs Costs: Docketing $30.00 Poundage 19.91 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 5.52 Certified Mail 8.15 Levy 30.00 Surcharge 30.00 Law Journal 400.25 Patriot News 300.55 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1015.62 Sworn and subscribed to before me So Answers: This ~t~ g:~ day of ,~_~ .... , ¢~ R. Thomas Kline, Sh fiff~ ~Pr6thonotary Real EstateaDeputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION--MORTGAGEFORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. 03-241 Civil Term MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, 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 20 Deer Lane Carlisle, Pennsylvania 17013 1. Name and address of Owner(s) or Reputed Owner(s). Name Matthew J. Kostelac Address 20 Deer Lane Carlisle, Pennsylvania 17013 2. Name and address of Defendant(s) in the Judgment: Name Matthew J. Kostelac Address 20 Deer Lane Carlisle, Pennsylvania 17013 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Jerry Lucas Address (if address cannot be reasonably ascertained, please do indicate) c/o Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 N. 2n~ Street Harrisburg, Pennsylvania 17110 Gregory Goulds cio Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 N. 2nd Street Harrisburg, Pennsylvania 17110 Bi-Tek Building Contractors cio Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 N. 2nd Street Harrisburg, Pennsylvania 17110 Keystone Financial 433 South 18th Street Camp Hill, PA 17011 Helen Cernugel, Executrix and Trustee Estate of Anna Bernard cio Edward L. Schorpp, Esquire 10 East High Street Carlisle, Pennsylvania 17013 U.S. Attorney's Office Attn: Joseph J. Terz Federal Bldg., Ste. 217 228 Walnut Street Harrisburg, Pennsylvania 17101 Internal Revenue Service Philadelphia, Pennsylvania 19255 Internal Revenue Service 1111 Constitution Avenue N.W. Washington, D.C. 20224-0001 Thomas A. Marino U.S. Attorney P.O. Box 11754 228 Walnut Street Harrisburg, Pennsylvania 17101 Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Name(s) and address of every other person who has any record lien on their property: Name NA Address (if address cannot be reasonably ascertained, please do indicate) NA 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 Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, Pennsylvania 17013 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 NA Address (if address cannot be reasonably) ascertained, please do indicate NA 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: March 10, 2003 By: min~F. R~i~~ Benja Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 f 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 vs. MATTHEW J. KOSTELAC UNITED STATES OF AMERICA Defendant(s) No. 03-241 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Matthew J. Kostelac 20 Deer Lane Carlisle, Pennsylvania 17013 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on June 1~~~z the SHERIFF'S OFFICE, Cumberland County Courthouse, One Courthous`_ ~' Carlisle, Penns Ivania 17013 at 10:00 A.M. revailin time. " "G THE PROPERTY TO BE SOLD is delineated in detail in a legal desc~ mainly consisting of a statement of the measured boundaries of the property, with a brief mention of the building and any other improvements erected on tl {SEE DESCRIPTION ATTACHED) -; , -~ _~ 00 in ;_ ~~ ~~ uare-, s ~~ `-'c~ .~.; ~, ~ f ~n ~ ern get~uer ~, land -` THE LOCATION of your property to be sold is: 20 Deer Lane Carlisle, Pennsylvania 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 03-241 Civil Term. THE NAME OF THE OWNER(S) or REPUTED OWNER(S) OF THIS PROPERTY IS/ARE: MATTHEW J. KOSTELAC 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 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, One Courthouse Square, Carlisle, Pennsylvania 17013. 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: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. 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, One Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATE: March 10, 2003 By: 7,~1~~ Benjamin F. Rings, Jrt"' Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THOSE TVVO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the heirs of Gordon Leonard, deceased; thence of North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21½ degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAINING 5 acres and 123 perches, more or less and having thereon erected a two story frame dwelling house and barn. TRACT NO. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which lane exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac. Tax I.D. No. 38-05-0433-005 WRIT OF EXECUTION and/ur ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-241 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Waypoint Bank, f/k/a york federal Savings and Loan Association and Harris Savings Bank Plaintiff (s) From Matthew J. Kostelae, 20 Deer Lane, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell real estate located at 20 Deer Lane, Carlisle, PA 17013. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a ~mmed garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,710.28 Interest 6/12/03 ~ $8.4323 per dium ARy's Corem % Atty Paid $114.83 Plaintiff Paid Date: March 11, 2003 (Seal) REQUESTING PARTY: Name Benjamin S. RIggs, Jr., Esquire L.L..$0.50 Due Prothy $1.00 Other Costs with interest from 6/12/03 ~ $8.4323 per dium from 6/12/03 late charges ~ $31.28 per month - Escrow from 6/12/03 currently $224,85 per mom CURTIS R. LONG Prothonotary Address: P O Box 1711, Harrosburg, PA 17105 A~orney for: Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Telephone: (717) 815-4518 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. 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 City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said 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. COPY Sworn to and subs r~ed before~'~is 14th day o~a/v 2~A.D. S A L E #43 Nota~iaISea~ // t/,O J~' / City Of Hardsburg, Dauf~nin County/~"' ~ -J /~- My Commisslon Expires June 6, 2006 ] NOTARY PLJBLIC Membe~',Pannay~anla AssociatlonOfNo~a~egly commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr, For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 298.80 $ 1.75 $ 300.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunde, y Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. REAL ESTATE SALE No. 43 Wrlt No. 2003-241 Civil Term Wayypoint Bank, f!k/a York Federal Savings and Loan Association And Harris Savings Bank vs Mat.hewc J~ Kostelac Arty: Bien amin Riggs DESCRIPTION ALL THOSE TW'0 CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT N0.1: BEGINNING at a post, comer of lands now or formerly of John Kutz, now or formerly of the heirs of Gordon Leonard, deceased; thence of North 83 degrees East, I l perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 1/2 degrees East, 23 perches; Chence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAINING 5 acres and 123 perches, more or less and having thereon erected atwo-story frame dwelling h.;use and barn. TRACT N0.2: BEGINNING at a point on the southern side of an existing lb-foot-wide private lane which point is North 67 degrees East, 1320 reet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which lane exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five-foot-wide strip of land along the western boundary of said premises as part of a l0-foot utility easement for the entire depth of 400 feet. The entire ]0-foot utility easement to be comprised by usitic 5 feet from each property abutting said boundary line, BEING KNOWN and numbered as 20 Deer Lane, Carlisle, Penusyh ania. BEING THE Srnv1E premises which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in hhe Office of the Recorder of Deeds in and'for Cumberland County on May 19, 2000 in Record Book 221, Page b27, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac. TAX LD. NO.: 38-OS-0433- 005. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, 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 January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~-- 'sa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 ` - IhifeWv ~s~P , b:= ~'3$:~K REAL E8TATE SALE NO. 43 Writ No. 2003-241 Civil Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank vs. Matthew J. Kostelac Atty.: Benjamin Riggs ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a post, corner of lands now or formerly of John Kutz. now or formerly of the heirs of Gor- don Leonard, deceased; thence of North 83 degrees East. 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East. 32 perches; thence South 21 1/2 degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAINING 5 acres and 123 perches, more or less and having thereon erected a two story frame dwelling house and barn. TRACT NO. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane: thence along the southern line of said private lane, which lane exists on land now or formerly of Mary E. McCahan, North 67 degrees East. 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan. South 67 degrees West, 200 feet to a point marked by a concrete monu- ment; thence by the same. North 23 degrees West, 400 feet to a point marked by a concrete monument. the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be com- prised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUM- BERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19. 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac. Sr. and Matthew J. Kostelac. Tax I.D. No. 38-05-0433-005. fS