Loading...
HomeMy WebLinkAbout03-0844TN 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. DEBRA LAWSON FREEMAN NWA DEBRA L. FREEMAN Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 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. DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentin 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 DIRECClON ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS. DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant No. COMPLAINT AND NOW, comes Plaintiff, Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendant, Debra Lawson Freeman a/k/a Debra L. Freeman, 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 Debra Lawson Freeman a/k/a Debra L. Freeman who is an adult individual residing at 2250 Earth Road, Enola, Pennsylvania 17025 and is the mortgagor and real owner of the Mortgaged Premises located at 2250 Earth Road, Enola, Pennsylvania 17025, Cumberland County, having acquired title by Deed dated June 12, 1998, and recorded on June 18, 1998, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 179, Page 477. Mortgage 3. On or about June 12, 1998, 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 June 18, 1998 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1461, Page 395. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit A". Assignments 4. There have been no assignments of said Mortgage. Default 5. Said Mortgage is in default because Defendant has failed to make the monthly payments of principal and interest due and owing on her loan from September 1, 2002 through the date of filing this Complaint as required by the terms of the Mortgage. Any payments that may have been made during this period were applied to the delinquency balance due and owing prior to September 1, 2002. 6. Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions. 7. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance $77,873.48 Interest from 8/1/02 to 2/12/03 (inclusive) at $17.3340 per diem $ 3,348.22 Late Charges from 9/1/02 to 2/12/03 (inclusive) at $30.07 per month $ 150.35 Escrow Deficit $ 270.45 Homeowners' Insurance due 6/11/03 $ 346.00 Taxes due 8/1/03 $ 1,031.22 Attorney's Fees 5% $ 3,893.67 TOTAL AMOUNT DUE $86,913.39 Compliance with Homeowners' Emergency Assistance Act 8. 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 B". Inapplicability of Loan Interest and Protection Law 9. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 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. 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) Debra Lawson Freeman a/k/a Debra L. Freeman in the amount of Eighty- Six Thousand Nine Hundred Thirteen and 39/100 Dollars ($86,913.39), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $17.334 per diem, from February 13, 2003, late charges at 5% of the monthly payment amount, currently $30.07 per month from February 13, 2003, escrow charges, currently $134.00 per month from February 13, 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: February 20, 2003 By: ~~~l~__ Benjamin F. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on JUNE 12, 1998 The mortgagor is DEBRA LAWSON FREEMAN ("Borrower"). ThisSecurity Instmmentisgivento York Federal Savings and Loan Association whichisorganizedande~stingunder thelawsof THE UNITED STATES OF AMERICA ,and whoseaddressis 101 South George Street, P0 Box 15068, York, PA 17405-7068 EIGHTY-ONE THOUSAND AND ("Lender"). Borrower owes Lender the principal sum of Dollars (U.S. $ 81,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JULY 1, 2028 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under tiffs 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: which has the address of 2250 EARTH ROAD ENOLA [Street] [City] Pennsylvania 17025 ("Property Address"); [Zip Code] PENNSYLVANIA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 1950L1 (9211) Docld 0000000944 Form 3039 9~90 (page 1 of 6 pages) Great Lakes Business Forms, Ina. · To Order Call: 1-800-530-9393 [] FAX 816-791-1131 ACCT# 167076895 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by .jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; Co) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and ITEM 1950L2 (9211) Do¢ld0000000944 Form 3039 9/90 (page 2 of 6 p~ges) Greet Lakes Business Forms, inc. · To Order Call: 1-800-530-9393 [] FAX S1§-791-1'131 BOLI~'~['~?~GE.. ,~9~ ACCT# 167076895 for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. - 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with ITEM 1950L3 (921~) Docld0000000944 Form 3039 9/90 6oage 3 of 6 pages) Great Lakes Business Forms, lng. · To Order Call: 1-800-530-9393 []FAX 61§-791-1131 ,ooK1461 't t;£,,397 ACCT# 167076895 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 in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security 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 Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as ITEM 1950L4 (9211) Docld 0000000944 Form 3039 9/90 (page 4 (;f 6 pages) Great LaKes Business Forms, Inc. · To Order Calk 1-1t00-530-9393 []FAX 616-791-1131 398 ACCT# 167076895 applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is In violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by tiffs 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 pay 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 future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. ITEM 1950L5 (9211) Docld 0000000944 Form 3039 9/90 (page 5 of 6 pages) Great Lakes Business Forms, Inc. [] To Order Call: 1-800-530-9393 [] FAX 616-791-1131 ACCT# ]67076895 27, Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] [~X~ Adjustable Rate Rider ~ Condominium Rider ~ 1-4 Family Rider . Graduated Payment Rider ~ Planned Unit Development Rider ~ Biweekly Payment Rider ~ Balloon Rider Q Rate Improvement Rider ~ Second Home Rider ~ Other(s)[specify] RIDER TO PARAGRAPH 18 AND ADDENDUM BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnes scs: DEBRA LAWSON FREEMAN -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower COMMONWEALTH OF PENNSYLVANJA, . 'ounty ss: day of the undersigned officer, personally appeared DEBRA LAWSON FREEMAN proven) to be the person whose name i S that she executed the same for the purpose herein contained. known to me (or satisfactorily subscribed to the within instrument and acknowledged CERTIFICATE OF RESIDENCE I, T'-~{[~.~'i <~ do hereby certify that the correct address of the within named lender is 15068, York, PA 17405-7068 Witness my hand this day of My Commission expires: ,kx.Q.~[ NOTARIAL SEAL ,' · ~ · CARRIE E. COOK. Notary Public ~-' -"~ [3 i My Commissi6n Expires Aug, 8. ~998 ~ ' :~ ' '-~"+i~,6'f'Or~er :'Z~ 101 South George Street, P0 Box ITEM lg50L6 19211) Docld 0000000944 Agent of Lender ~o~K ~,.i6..,. PatE, '400 Form 3039 9/90 (page 6 of 6 pages) Great Lakes Bueiness Forms. Inc. · To Order CaH: 1-80D-530-9393 []FAX 61~-791-1131 ACCT# 167076895 ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumber- land and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by an iron pin located at or about the center of a private 12 foot wide gravel road which leads to Valley Road, said pin being located at the southwest corner of the tract herein described; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 02 degrees 28 minutes 07 seconds West, 335 feet to an iron pin in the line of land now or formerly of Catherine F. Sheesley; thence along the line of said land now or formerly of Catherine F. Sheesley, North 72 degrees 46 minutes 33 seconds East, 94.50 feet to an iron pin in the line of land now or formerly of Charles W. Lender; thence along the line of said lands now or formerly of Charles W. Lender, South 01 degree 50 minutes 38 seconds East, 395.94 feet, more or less, to an iron pin; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 69 degrees 30 minutes 35 seconds West, 94.50 feet to an iron pin located at or about the center of the private 12 foot wide gravel road which leads to Valley Road, first above mentioned, at the point and place of BEGINN- ING. BEING known and numbered as 2250 Earth Road, Enola, Pennsylvania. TRACT NO. 2 BEGINNING at a stick at the southernmost corner of lands now or late of Robert J. Cressler anti Bertha I, Cressler, his wife, and extending South along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet, South 89 degrees 03 minutes 44. seconds West to a point; thence in an easterly direction along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 100 feet, South 00 degrees 56 minutes 16 seconds East to a point; thence in a northerly direction along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet to a stick, North 89 degrees 03 minutes 44 seconds East, thence in a westerly direction along lands now or late of Benjamin M. Shank and Pearl. I. Shank, his wife, 100 feet to a stick, the point of BEGINNING. Rider to Paragraph 18 (Mortgage) I/We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage, executed by me/us this 12th day of June, 1998 shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage. 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 the event this Mortgage is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. This provision shall also be voided if this Rider to Paragraph 18 is in violation of any provision of Freddie Mac or Fannie Mae. (SEAL) FIXED/ADJUSTABLE RATE RIDER (1 Year Treasury Index - Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made this 12TH day of June. 1998, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to York Federal Savings and Loan Association, 101 South George Street, PO Box 15068, York. PA 17405-7068 (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 2250 EARTH ROAD, ENOLA, PA 17025 [Property Address] TI-IE NOTE PROVIDES FOR A CHANGE IN TI-IE BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHI, Y PAYMENT CHANGES The Note provides for an initial fixed interest rate of 8.125 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of July, 2003, and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Change Before each Change Date, the Note Holder will calculate my new interest rate by adding Four and One-Quarter percentage points (4.250%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.125 % or less than 6.125 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than Two percentage points (2.000 %) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 14.125 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will Pa3' the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. MULTISTATE FIXED/ADJUSTABLE RATE RIDER - I YEAR TREASURY INDEX -- Single Family .. Fannie Mae Uniform Instrument Page~of2 Form 3182 5/94 ACCT# 167076895 (F) Notice of Changes The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an adiustable interest r~,te ~a~d of any changes in my adjustable interest rate before the effective date of any change. The notice will'include the amount of my monthly payment, any information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF TI-IE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT 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 the 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 Secuity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION B1 ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 and ~ of this Fixed/Adjustable Rate Rider. ~ Page 2 of 2 ...... (Seal) . '"-M. _ Borrower __ (Seal) - Borrower (Seal) - Borrower __ (Seal) - Borrower Form 3182 5/94 ACCT// 167076895 so 14 i a [ 404 FIXED/ADJUSTABLE RATE NOTE (1 Year Treasury Index - Rate Caps) TI-IlS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE ! MUST PAY. June 12, 1998. HARRISBURG PENNSYLVANIA [Date] [City] ' [State] 2250 EARTH ROAD, ENOLA, PA 17025 [Property Address] 1. BORROWER'S pROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $81,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is York Federal Savings and Loan Association, 101 South George Street. PO Box 15068, York, PA 17405-7068. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 8.125%. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on August 1, 1998. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on .July 1, 2028 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, PA 17401 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $601.42. This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of July, 2003, and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." M ULTISTATE FIXED/ADJUSTABLE RATE NOTE - I YEAR TREASURY INDEX--Single Family .-Fannie Mae Uniform instrument Form 3522 5/94 Page ~ of n ACCT# 167076895 (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. The most recent index figure available as of the date of this note is 5.420 %. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Four and One-Quarter percentage points (4.25_._._.9_0%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.125% or less than 6.125%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more ~an ..Two percentage points (2.000%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 14.125 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (17) Notice of Changes The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a p epayment. 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 charge. 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 partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal the reduction will be treated as a partial prepayment. , Page 2 ol 4 Form 3522 5/94 ACCT# 167076895 7. BORROWER'S FAILURE TO P,, ~ AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen 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 5.00% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (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 that 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. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, 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. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may 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 amount owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts 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. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises which I make in this Page 3 of 4 Form 3522 5/94 ACCT# 167076895 Note. The Security Instrument descri~,:s how and under what conditions I may be reqmred to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: (A) UNTIL MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER TIlE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If ali or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. (B) WHEN MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFO~ COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION Il(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages 1 through 4 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower Page 4 o! 4 [Sign Original Only] Form 3522 5/94 ACCT# 167076895 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 TIT (717) 780-1869 WAYPOINT 499 EISENHOWER BLVD HARRISBURG, PA. 17111 2/06/2003 SUBJECT: DEBRA FREEMAN 2250 EARTH RD ENOLA, PA. 17025 Loan $: 9867076895 SS#: 999-97-2076 Your application for a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 1983, 35 P.S. Section 1680.401-C et seq. and/or Agency Guidelines 12 PA Code Section 31.201 et seq. for the following reasons: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. We must receive a written request for a hearing within 15 days of the postmark date of this letter. (Appeal requests must be in writing; a verbal request is not acceptable). The hearing may be conducted by a telephone conference call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel Hearing Request, PHFA/HEMAP, 2101 North Front Street, P.O. Box 15628, Harrisburg, Pennsylvania, 17105-5628. The Agency will attempt to schedule the hearing within thirty (30) days after the request is received. When sending your appeal, please be sure to print your name legibly and include your social security number. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an attorney you may be eligible for Legal Services representation. YOU can ~ ~ .vn .... 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 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: ~/"~3 By: Stacy Armstroflg Default Manager SHERIFF'S RETURN - REGULAR CASE NO: 2003-00844 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS FREEMAN DEBRA LAWSON AKA DEBRA CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FREEMAN DEBRA LAWSON AKA DEBRA L FREEMANthe DEFENDANT , at 2033:00 HOURS, on the at 2250 EARTH ROAD 6th day of March , 2003 ENOLA, PA 17025 DEBRA L FREEMAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~ day of ~~~no~ary J So Answers: R. Thomas Kline 03/07/2003 WAYPOINT BANK puty ' / 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. 03-844 Civil Term DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 27, 2003, a 10-day Default Notice in the above-captioned matter was mailed to Defendant, Debra Lawson Freeman a/k/a Debra L. Freeman, 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: March 27, 2003 By: Benjamin F~ "~r · Riggs, 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. 03-844 Civil Term DEBRA LAWSON FREEMAN A/K/A DEBRA L. FREEMAN Defendant TO: Debra Lawson Freeman a/k/a Debra L. Freeman 2250 Earth Road Enola, Pennsylvania 17025 DATE OF NOTICE: March 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Dated: March 27, 2003 BY:Benjamin ~:. Riggs,~Jr: 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 No. 03-844 Civil Term AND HARRIS SAVINGS BANK Plaintiff VS. DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant , 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 Debra Lawson Freeman a/k/a Debra L. Freeman 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 .......... $86,913.39 Interest from 2/13/03 through 9/3/03 (inclusive) at $14.3340 per diem ...... $ 3,518.80 Late Charges from 2/13/03 through 9/3/03 (inclusive at $30.07 per month) ........ $ 210.49 TOTAL AMOUNT $90,642.68 with interest from September 4, 2003 at such rate or rates established by Plaintiff pursuant to the terms of the Note currently $14.3340 per diem, from September 4, 2003, late charges from September 4, 2003 at 5% of the monthly payment amount, currently $30.07 per month, escrow from September 4, 2003, currently $134.00 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 March 27, 2003 a 10-Day Default Notice in the above-captioned matter was mailed to the Defendant, Debra Lawson Freeman a/k/a Debra L. Freeman, by regular mail, postage prepaid. A true and correct copy of the 10-Day Notice is 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. No. 03-844 Civil Term DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 TO 3149 TO THE PROTHONOTARY: Issue Writ of Execution in the above-captioned matter. (1) Directed to the Sheriff of Cumberland County, Pennsylvania (2) Against Debra Lawson Freeman a/k/a Debra L. Freeman, Defendant (3) And index this writ against Debra Lawson Freeman a/k/a Debra L. Freeman, Defendant As a lis pendens against the real property of the Defendant as follows: ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $90,642.68 with interest from September 4, 2003 at such rate or rates established by Plaintiff pursuant to the terms of the Note currently $14.3340 per diem, from September 4, 2003, late charges from September 4, 2003 at 5% of the monthly payment amount, currently $30.07 per month, escrow from September 4, 2003, currently $134.00 per month, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-844 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 DEBRA LAWSON FREEMAN A/K/A DEBRA L. FREEMAN, 2250 EARTH ROAD, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell CERTAIN TRACT OF LAND IN EAST PENNSBORO TOWNSHIP. (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 DueS90,642.68 Interest 9/4/03 $14.3340 PER DIEM Atty's Corem % Atty Paid $2.50 L.L..$0.50 Due Prothy $1.00 Other CostsLATE CHARGES FROM 9/4/03 5% OF MONTHLY PAYMENT AMOUNT CURRENTLY $30.07 PER MONTH. ESCROW FROM 9/4/03 $134.00 PER MONTH. Plaintiff Paid $117.85 Date: APRIL 10, 2003 (Seal) REQUESTING PARTY: CURTIS R. LONG Prothonotary Deputy Name Benjamin S. Riggs, Jr., Esquire Address: P O Box 1711, Harrisburg, PA 17105 Attorney for: Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Telephone: (717) 815-4518 SuIlrlSll~~ ID I~Io. 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 VS. No. 03-844 Civil Term DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Debra Lawson Freeman a/Ida Debra L. Freeman 2250 Earth Road Enola, Pennsylvania 17025 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 3, 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: 2250 Earth Road Enola, Pennsylvania 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 03-844 Civil Term. THE NAME OF THE OWNER(S) or REPUTED OWNER(S) OF THIS PROPERTY IS/ARE: DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by an iron pin located at or about the center of a private 12 foot wide gravel road which leads to Valley Road, said pin being located at the southwest corner or the tract herein described; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 02 degrees 28 minutes 07 seconds West, 335 feet to an iron pin in the line of land now or formerly of Catherine F. Sheesley; thence along the line of said land now or formerly of Catherine F. Sheesley, North 72 degrees 46 minutes 33 seconds East, 94.50 feet to an iron pin in the line of land now or formerly of Charles W. Lender; thence along the line of said lands now or formerly of Charles W, Lender, South 01 degree 50 minutes 38 seconds East, *9594 feet, more or less, to an iron pin; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 69 degrees 30 minutes 35 seconds West, 94.50 feet to an iron pin located at or about the center of the private 12 foot wide gravel road which leads to Valley Road, first above mentioned, at the point and place of BEGINNING. BEING known and numbered as 2250 Earth Road, Enola, Pennsylvania. TRACT NO. 2 BEGINNING at a stick at the southernmost corner of lands now or late of Robert J. Cressler and Bertha I. Cressler, his wife, and extending South along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet, South 89 degrees 03 minutes 44 seconds West to a point; thence in an easterly direction along lands now or late of Charles W. Lender and Linda. M. Lender, his wife, 100 feet, South 00 degrees 56 minutes 16 seconds East to a point; thence in a northerly direction along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet to a stick, North 89 degrees 03 minutes 44 seconds East, thence in a westerly direction along lands now or late of Benjamin M. Shank and Pearl I. Shank, his wife, 100 feet to a stick, the point of BEGINNING. BEING KNOWN AND NUMBERED as 2250 Earth Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES which James L. Leonard and Dawne D. Leonard, his wife by their Deed dated June 12, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on June 18, 1998 in Record Book 179, Page 477, granted and conveyed unto Debra L. Freeman, single woman. Parcel No. 09-13-0997-006A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION No. 03-844 Civil Term AND HARRIS SAVINGS BANK Plaintiff VS. DEBRA LAWSON FREEMAN NWA DEBRA L. FREEMAN Defendant To the Prothonotary: PRAECIPE TO ENTER JUDGMENT ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiff's Complaint in Mortgage Foreclosure against Debra Lawson Freeman a/k/a Debra L. Freeman in favor of VVaypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank for the following: Amount Due Per Complaint .......... Interest from 2/13/03 through 9/3/03 (inclusive) at $14.3340 per diem ...... Late Charges from 2113/03 through 9/3~03 (inclusive at $30.07 per month) ........ $86,913.39 $ 3,518.80 $ 210.49 TOTAL AMOUNT $90,642.68 with interest from September 4, 2003 at such rate or rates established by Plaintiff pursuant to the terms of the Note currently $14.3340 per diem, from September 4, 2003, late charges from September 4, 2003 at 5% of the monthly payment amount, currently $30.07 per month, escrow from September 4, 2003, currently $134.00 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 March 27, 2003 a 10-Day Default Notice in the above-captioned matter was mailed to the Defendant, Debra Lawson Freeman a/k/a Debra L. Freeman, by regular mail, postage prepaid. A true and correct copy of the 10~Day Notice is attached hereto and incorporated by reference. DATE: April 9, 2003 By: F. Benjamin' ~iggs, ,fr:C/ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ~ /L) . ,2003 Judgment entered by the Prothonotary this day a~co~ing to the tenor of the above statement. Proth(Jnotaq/ ~[N 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. 03-844 Civil Term DEBRA LAWSON FREEMAN A/K/A DEBRA L. FREEMAN Defendant TO: Debra Lawson Freeman a/k/a Debra L. Freeman 2250 Earth Road Enola, Pennsylvania 17025 DATE OF NOTICE: March 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 LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Dated: March 27, 2003 Benjamin [=. Riggs,UJr: Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 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. 03-844 Civil Term DEBRA LAWSON FREEMAN A/K/A DEBRA L. FREEMAN Defendant CERTIFICATE OF SERVICE Please Time-Stamp and Return to me. Thank You. I HEREBY CERTIFY that on March 27, 2003, a 10-day Default Noti~in ~;~e ;i~!'"' above-captioned matter was mailed to Defendant, Debra Lawson Freeman a/k/~"Del~ L. Freeman, 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: March 27, 2003 Benjamin F" Riggs,"',~r Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 (x) (x) OFFICE OF THE PROTHONOTARY Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania 17013 Telephone: (717) 240-6195 Debra Lawson Freeman a/k/a Debra L. Freeman 2250 Earth Road Enola, Pennsylvania 17025 Date: No: 03-844 Civil Term RE: VS. WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff DEBRA LAWSON FREEMAN NWA DEBRA L. FREEMAN, Defendant(s) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $90,642.68 on _ z/.../o...,~, A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil . ~"~- - If you have any questions concerning the above case, please contact the following party: Benjamin F. Riggs, Jr. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 (This Notice is given in accordance with Pa.R.C.P. 236.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION-- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION No. 03-844 Civil Term AND HARRIS SAVINGS BANK Plaintiff VS. DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant Commonwealth of Pennsylvania County of York AFFIDAVIT OF NON-MILITARY SERVlCF 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 above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant, Debra Lawson Freeman a/Ida Debra L. Freeman's, last-known address is 2250 Earth Road, Enola, Pennsylvania 17025. Sworn and subscribed before me this 9th day of April, 2003 Notary Public My Commission Expires  Notarial Seal Sandra M. Aulbach Notary Publ~ ,, r, -City of York ~(~'rk Ch.,... 'c I .v.y ~-'ommission E~',.~-^~ ;'-"-"'"]- A~ ....... - ......~,,~ tv]ay 23, 2005 ,v~ J~uer, P'ennsylv~ By: Benjamin F: ~1· / Riggs, 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 VS. No. 03-844 Civil Term DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 TO 3149 TO THE PROTHONOTARY: Issue Writ of Execution in the above-captioned matter. (1) Directed to the Sheriff of Cumberland County, Pennsylvania (2) Against Debra Lawson Freeman a/k/a Debra L. Freeman, Defendant (3) And index this writ against Debra Lawson Freeman a/k/a Debra L. Freeman, Defendant As a lis pendens against the real property of the Defendant as follows: (4) ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania as more fully described in Exhibit A, attached hereto and made a part hereof. Amount due $90,642.68 with interest from September 4, 2003 at such rate or rates established by Plaintiff pursuant to the terms of the Note currently $14.3340 per diem, from September 4, 2003, late charges from September 4, 2003 at 5% of the monthly payment amount, currently $30.07 per month, escrow from September 4, 2003, currently $134.00 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. DATE: April 9, 2003 By: Benjamin~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by an iron pin located at or about the center of a private 12 foot wide gravel road which leads to Valley Road, said pin being located at the southwest corner or the tract herein described; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 02 degrees 28 minutes 07 seconds West, 335 feet to an iron pin in the line of land now or formerly of Catherine F. Sheesley; thence along the line of said land now or formerly of Catherine F. Sheesley, North 72 degrees 46 minutes 33 seconds East, 94.50 feet to an iron pin in the line of land now or formerly of Charles W. Lender; thence along the line of said lands now or formerly of Charles W, Lender, South 01 degree 50 minutes 38 seconds East, *9594 feet, more or less, to an iron pin; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 69 degrees 30 minutes 35 seconds West, 94.50 feet to an iron pin located at or about the center of the private 12 foot wide gravel road which leads to Valley Road, first above mentioned, at the point and place of BEGINNING. BEING known and numbered as 2250 Earth Road, Enola, Pennsylvania. TRACT NO. 2 BEGINNING at a stick at the southernmost corner of lands now or late of Robert J. Cressler and Bertha I. Cressler, his wife, and extending South along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet, South 89 degrees 03 minutes 44 seconds West to a point; thence in an easterly direction along lands now or late of Charles W. Lender and Linda. M. Lender, his wife, 100 feet, South 00 degrees 56 minutes 16 seconds East to a point; thence in a northerly direction along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet to a stick, North 89 degrees 03 minutes 44 seconds East, thence in a westerly direction along lands now or late of Benjamin M. Shank and Pearl I. Shank, his wife, 100 feet to a stick, the point of BEGINNING. BEING KNOWN AND NUMBERED as 2250 Earth Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES which James L. Leonard and Dawne D. Leonard, his wife by their Deed dated June 12, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on June 18, 1998 in Record Book 179, Page 477, granted and conveyed unto Debra L. Freeman, single woman. Parcel No. 09-13-0997-006A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-844 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 DEBRA LAWSON FREEMAN A/K/A DEBRA L. FREEMAN, 2250 EARTH ROAD, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell CERTAIN TRACT OF LAND IN EAST PENNSBORO TOWNSHIP. (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 DueS90,642.68 Interest 9/4/03 $14.3340 PER DIEM Atty's Comm % Arty Paid $2.50 L.L..$0.50 Due Prothy $1.00 Other CostsLATE CHARGES FROM 9/4/03 5% FROM 9/4/03 $134.00 PER MONTH. Plaintiff Paid $117.85 Date: APRIL 10, 2003 (Seal) OF MONTHLY PAYMENT AMOUNT CURRENTLY $30.07 PER MONTH. ESCROW REQUESTING PARTY: CURTIS R. LONG Prothonotary Deputy Name Benjamin S. Riggs, Jr., Esquire Address: P O Box 1711, Harrisburg, PA 17105 Attorney for: Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Telephone: (717) 815-4518 Sup. tta~e ~ ID 1~. 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 VS. No. 03-844 Civil Term DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant NOTICE PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Debra Lawson Freeman a/Ida Debra L. Freeman. Cumberland County Tax Claim Bureau South Hanover and High Streets Carlisle, Pennsylvania 17013 PHFA 2101 North Front Street P.O. Box 15530 Harrisburg, Pennsylvania 17105-5530 You are hereby nOtified that on September 3, 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. Debra Lawson Freeman a/ida Debra L. Freeman, No. 03-844 Civil Term the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Court House, One Courthouse Square, Carlisle, Pennsylvania 17013, Count~ of Cumberland real estate of Debra Lawson Freeman NK/A Debra L. Freeman and numbered as 2250 Earth Road Enola, Pennsylvania 17025 (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 October 3, 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: April 9, 2003 Benjamin Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by an iron pin located at or about the center of a private 12 foot wide gravel road which leads to Valley Road, said pin being located at the southwest corner or the tract herein described; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 02 degrees 28 minutes 07 seconds West, 335 feet to an iron pin in the line of land now or formerly of Catherine F. Sheesley; thence along the line of said land now or formerly of Catherine F. Sheesley, North 72 degrees 46 minutes 33 seconds East, 94.50 feet to an iron pin in the line of land now or formerly of Charles W. Lender; thence along the line of said lands now or formerly of Charles W, Lender, South 01 degree 50 minutes 38 seconds East, *9594 feet, more or less, to an iron pin; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 69 degrees 30 minutes 35 seconds West, 94.50 feet to an iron pin located at or about the center of the private 12 foot wide gravel road which leads to Valley Road, first above mentioned, at the point and place of BEGINNING. BEING known and numbered as 2250 Earth Road, Enola, Pennsylvania. TRACT NO. 2 BEGINNING at a stick at the southernmost corner of lands now or late of Robert j. Cressler and Bertha I. Cressler, his wife, and extending South along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet, South 89 degrees 03 minutes 44 seconds West to a point; thence in an easterly direction along lands now or late of Charles W. Lender and Linda. M. Lender, his wife, 100 feet, South 00 degrees 56 minutes 16 seconds East to a point; thence in a northerly direction along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet to a stick, North 89 degrees 03 minutes 44 seconds East, thence in a westerly direction along lands now or late of Benjamin M. Shank and Pearl I. Shank, his wife, 100 feet to a stick, the point of BEGINNING. BEING KNOWN AND NUMBERED as 2250 Earth Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES which James L. Leonard and Dawne D. Leonard, his wife by their Deed dated June 12, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on June 18, 1998 in Record Book 179, Page 477, granted and conveyed unto Debra L. Freeman, single woman. Parcel No. 09-13-0997-006A WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within writ may ~eave 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 sheriffs sale thereof. By: ~ DATE: April 9, 2003 Beniam~n 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. 03-844 Civil Term VS. DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant Commonwealth of Pennsylvania ¢:: ~-~ County of York r~,~ :.~ AFFIDAVIT Of MAILING :;::: ~ _ . ~ ~omm~ealt~ the:: · · d for said coun~ ane u ~,, me a NotaW Pubhc m an · ~ ~=~ Jr Afforney~t'Wayg Before , Ben'aml~ r. ~, ., . ~-c' :. . · - rsonall appeared ~ _ Savm s~an~the:: p i.ti, i. t,e 2003 a .olive of S e,i s i. deposes that on the 9 ~ay o~,,~;~,, ~'i~ oostaoe pre aid, to the following' captioned case was maileo, via ~[~ ~,~ ....... - ~ - p ' Cumberland County Tax Claim Bureau South Hanover and High Streets Carlisle, Pennsylvania 17013 2101 North Front Street PHFA P.O. Box 15530 Harrisburg, Pennsylvania 17105-5530 Copy of Proof of Mailing is attached hereto. DATE: April 9, 2003 Sworn and subscribed to before me this 9th day of April, 2003 Notary Public My Commission expires: Notarial Seal ~ ra M Autbach, Notary PubliC Utty ~__ E~nir~s Ma~ zo, ~ ies Benjamin F. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 ~.D. No. 72030 ~E FOR iNSUlAritY--' -- ~ece,ved ~,o~;/VA~,pOt?~-~ bANK ma~l addressed to, One piece of ~ ~gA I ~ ar 1989 PS Form 3817, M - Affix fee here in stamps or meter postage and post mark. Inquire of postmaster for current fee. MAY BF. Received From. ATTN: LEGAL DE__PT. ----------- One piece o{ ordinary . Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. PS Form 3817, Mar. 1989 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. No. 03-844 Civil Term DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Debra Lawson Freeman a/k/a Debra L. Freeman 2250 Earth Road Enola, Pennsylvania 17025 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 3, 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: 2250 Earth Road Enola, Pennsylvania 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 03-844 Civil Term. THE NAME OF THE OWNER(S) or REPUTED OWNER(S) OF THIS PROPERTY IS/ARE: DEBRA LAWSON FREEMAN NK/A DEBRA L. FREEMAN 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 Sheriffs 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: April 9, 2003 Benjamin F. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by an iron pin located at or about the center of a private 12 foot wide gravel road which leads to Valley Road, said pin being located at the southwest corner or the tract herein described; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 02 degrees 28 minutes 07 seconds West, 335 feet to an iron pin in the line of land now or formerly of Catherine F. Sheesley; thence along the line of said land now or formerly of Catherine F. Sheesley, North 72 degrees 46 minutes 33 seconds East, 94.50 feet to an iron pin in the line of land now or formerly of Charles W. Lender; thence along the line of said lands now or formerly of Charles W, Lender, South 01 degree 50 minutes 38 seconds East, *9594 feet, more or less, to an iron pin; thence along the line of land now or formerly of A. Lee Mentzer and Hannah M. Mentzer, his wife, North 69 degrees 30 minutes 35 seconds West, 94.50 feet to an iron pin located at or about the center of the private 12 foot wide gravel road which leads to Valley Road, first above mentioned, at the point and place of BEGINNING. BEING known and numbered as 2250 Earth Road, Enola, Pennsylvania. TRACT NO. 2 BEGINNING at a stick at the southernmost corner of lands now or late of Robert J. Cressler and Bertha I. Cressler, his wife, and extending South along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet, South 89 degrees 03 minutes 44 seconds West to a point; thence in an easterly direction along lands now or late of Charles W. Lender and Linda. M. Lender, his wife, 100 feet, South 00 degrees 56 minutes 16 seconds East to a point; thence in a northerly direction along lands now or late of Charles W. Lender and Linda M. Lender, his wife, 50 feet to a stick, North 89 degrees 03 minutes 44 seconds East, thence in a westerly direction along lands now or late of Benjamin M. Shank and Pearl I. Shank, his wife, 100 feet to a stick, the point of BEGINNING. BEING KNOWN AND NUMBERED as 2250 Earth Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES which James L. Leonard and Dawne D. Leonard, his wife by their Deed dated June 12, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on June 18, 1998 in Record Book 179, Page 477, granted and conveyed unto Debra L. Freeman, single woman. Parcel No. 09-13-0997-006A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wavooint Bank fka Yoark Fed S & L Assoc is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of April, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003. Number 844, at the suit of Wavooint Bank fica York Fed S & L ASSoc & Harris Says Bk against Debra Lawson Freeman aka Debra L is duly recorded in Sheriff's Deed Book No. 259, Page 1815. 1N TESTIMONY WHEREOF, I have. hereunto set my hand and seal of said office this ,/~ t-4~ day of ~~Z~J ~ ecorder of Deeds Waypoint Bank ffk/a York Federal In The Court of Common leas of Savings and Loan Association Cumberland County, Pennsylvania And Hah'is Savings Bank Writ No. 2003-844 Civil Term VS Debra Lawson Freeman a/k/a Debra L. Freeman Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on May 09, 2003 at 8:16 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Debra Lawson Freeman a/k/a Debra L. Freeman, by making known unto Debra Freeman, personally, at 2250 Earth Road, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2003 at 6:57 o'clock P.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 Debra Lawson Freeman a/k/a Debra L. Freeman located at 2250 Earth Road, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Debra Lawson Freeman a/k/a Debra L. Freeman, by regular mail to her last known address of 2250 Earth Road, Enola, PA 17025. This letter was mailed under the date of July 3, 2003 and never returned to the Sheriff's Office. 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 September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Benjamin Riggs for Waypoint Bank f/k/a 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 Savings 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 $1055.23. Sheriffs Costs: Docketing $30.00 Poundage 20.69 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.32 Levy 15.00 Surcharge 30.00 Law Journal 446.75 Patriot News 328.57 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1055.23 This ~'fi day of ~ R. Thomas Kline, Sheriff qr6thonotary Real EstateDeputy Real Estate Sale # 11 On May 1, 2003 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 2250 Earth Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 1, 2003 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under P. ct No. 587, Approvsd 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 July and the 5th day(s) of August 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. PUBLICATION ................ ~~ .................... COPY Sworn t~d before ~'~h ~13.th. day .~Q. gu/~3 A.D. MyC~n~nissio~F_~lresJune6,2{~6 ] NOTARY PUBLIC Mm.ear, Per,*~/~a~,~O~ldy 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 $ 326.82 $ 1.75 $ 328.57 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunde. y Patriot-News. newspapers of general cimulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. REAL ESTATE BALE NO. 11 Wr~ No. 2003844 Civil Term yWo~pOlnt Bank Federll ~ngs Ind Loin ind Harfla 8avlngI Bank Debra Law~t~ Freeman a/k/. D~bm'L. Freeman Atty..' B~tJamln Rlggs DESCRIPTION · ALL ~i~AT CERTAIN tract oflami situate in the Tow,ship of East Pa~nsboro, County of Cumberland and State of P~nsylvania, bounded and described a~ follows, to wit; BEGINNING at a Imint marked by aa i~on pin located at or about the centar of a private 12-foot- wide gr;~vel road which leads to Valley Road, ~d pin hi.'ing lo~.atexl ta the a~uthvn~t turner or the ·act herein described; tbence along tl~ tin~ of land now or forntefly of A, Lee Mentzer and Hannah M, Mentzer, his wife, North 02 d~s 28 minutes 07 s~conds We~t, 335 feet to aa iron pin in the gne of land now or formerly of Catbe~iaa F. Sheealey: thenc~ along the line of said !and now or fonnecly of Cathie E Sbeesley, North 7~n~egaes 46 minutes 33 s~conds East, 94.50 toet to an iron pin in the line of ]and ~ n~w or formerly of C[~arles W, Lendex; thence along the line of said lamis now or forraefly of Charles W. Lender, South 01 degae 50 minutes 38 seconds East, *9594 feeg mote or [~s, to an iran pin; thence along the [i~ of ~and now or formerly of A. Lee Mentz~r and Hannah M. Mentz~r, his wife, North 69 degaes 30 minu~ 35 seconds West, 9~.50 feet to aa iron in l~atad at or about the center f the t~vate 12-foot-wide gavel road which leads t~ Valley Road, first above mentioned, at ~he point and place of BEGINNING. BEING know~ and numbered as 2250 Earth Road, Enola, Pennsylvania. TRACT NO.2: BEGI~G at a stick at the southernmost ¢oumr of laa~s now or late of Robert J. Cresshir and Bertha I. Cressler, his wife, and extending South along lands now or late of ~arles W. Lender and Linda M. Lender, his wife,, 50 feet, South 89 degaes 03 minu~ 44 seconds West to a point; thence in a~ easterly direction along [ands now or late of Chmies W. Lender and .~nda M. Lender, his wife, 100 fe~t, ~outh 00 degrees 56 minut~ 16 ~conds East to a point; thence in a umt~r]y direction along lands now or late of Chndes W. Lender and ~nda M, LeMer, his wife, 50 f~t to a sdek, Nerth 89 degr~s 03 minnt~ 44 seconds East, tbence direction along lands now or late of Benjamin M. Shank and Pearl ~. Shank. his wife, 100 f~t to a stick, the point of BEGINNING, BEING KNOWN and numbered as 2250 Earth R~ad, Endia, Pennsylvania 17~25. BEING THE SAME premises which James L. Leonard and Dawne D, Leonard, his wife, by their Deed dated June 12, 1998 and rs:ordeal in the Office of the R~corder of Deeds in aM for Cumberland County on June 18, 1998 in Recortl Book 179, Page 477, granted and conveyed unto ~ebra L. Freeman, single woman. PARCEL NO.: 09-13-0997- 006A, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA.' : COUNTY OF CUMBERLAND : SS. 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: JULY 18, 25, 2003 AUGUST 1, 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. REAL E~TATE 8ALE NO. 11 Writ No. 2003-844 Civil Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank VS. Debra Lawson Freeman. a/k/a Debra L. Freeman Atty.; Benjamin Rlggs ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro. Count:v of Cumberland and State of Pennsylvania. bounded and described as follows, to wit: BEGINNING at a point marked by an iron pin located at or about the center of a private 12 foot urlde gravel road which leads to Valley Road, said pin being located at the southwest corner or the tract herein described: thence along the line of land now or formerly of A. Lee Merit zer and Hannah M. Mentzer, his wife, North 02 degrees 28 minutes 07 seconds West. 335 feet to an Iron pin In the line of lazld now or formerly of Catherine F. Sheesley: thence along the line of said land now or formerly of Catherine F. Sheesley. North 72 degrees 46 mln utes 33 seconds East. 94.50 feet to an iron pin in the line of land now or formerly of Charles W. Lender; thence along the line of said lands now or formerly of Charles W. Lender, South 01 degree 50 min- utes B8 seconds East, *9594 feet, more or less, to an iron pin: thence along the line of land now or for merly of A. Lee Mentzer and Hannah M. Mentzer. his wife. North 69 de glees BO minutes 35 seconds West. 94.50 feet to an iron pin located at or about the center of the private 12 foot wide gravel road which leads to Valley Road. first above mentioned, at the point and place SWORN TO AND SUBSCRIBED before me this 1 day of AUGUST, 2003 iron pin in the line of land now or lbrmerly of Catherine F. Sheesley: thence a~ong the line of said land now or formerly of Catherine F. Sheesley, North 72 degrees 46 rain utes 33 seconds East. 94.50 lket to an iron pin in the line of land now or formerly of Charles W. Lender; thence along the line of said lands now or formerly of Charles W. Lender. South 01 degree 50 nlin- utes 38 seconds East. *9594 feet. more or less. to an iron pin; thence along the line of land now or lbr- merly of A. Lee Mentzer and Hallnah M. Mentzer, his wife. North 69 de grees 30 minutes 35 seconds West, 94.50 feet to an iron pin located at or about the center of the private 12 foot wide gravel road which leads to Valley Road, first above mentioned, at the point and place of BEGINNING. BEING known and numbered as 2250 Earth Road, Enola, Pennsyl- vania. TRACT NO. 2 BEGINNING at a stick at the southernmost corner of lands now or late of Robert J. Cressler and Bertha I. Cressler, his wife, and extending South along lands now or late of Charles W. Lender and Linda M. Lender, his wife. 50 feet, South 89 degrees 03 minutes 44 seconds West to a point; thence in an east- erly direction along lands now or late of Charles W. Lender and Llnda M. Lender, his wife. 100 feet. South 00 degrees 56 minutes 16 seconds East to a point: thence in a north erly direction along lands now or late of Charles W. Lender and Llnda M. Lender. his wife, 50 feet to a stick. North 89 degrees 03 minutes 44 seconds East, thence in a westerly direction along lands now or Late of Benjamin M. Shank and Pearl I. Shank, his wife, 100 feet to a stick. the point of BEGINNING. BEING KNOWN AND NUM- BERED as 2250 Earth Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES which James L. Leonard and Dawne D. Leonard, his wife by their Deed dated Jtme 12. 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on June 18, 1998 in Record Book 179, Page 477. granted and conveyed unto Debra L. Freeman, single woman. Parcel No. 09-13-0997 006A.