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Home My WebLink About01-1626 FX .ol ~ J .. , . c -,," J , .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. 0/,/1".2.1.. r~-r;, MATTHEWJ. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the fol/owing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally br 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 Telephone: (717) 249-3166 '-!''f.lI~., ,,'~"'''-r~ ,~" ,"Ml!IllI!m~~ ,.,,-- - ... ,'... , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AVI50 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escritaen persona 0 por abqgado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Sa Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE E5TA DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 U5TED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER A515TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 i,""!RJ'lr!l:!lIl~__~_ - . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. (J 1- h:u. (1_"--'17=.. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants COMPLAINT AND NOW, comes Plaintiff Waypoint Bank, flkla York Federal Savings and Loan Association and Harris Savings Bank (HWaypointH), by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr., 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 449 Eisenhower Boulevard, Harrisburg, Pennsylvania 17111. 2. One of the Defendants is Matthew J. Kostelac who is an adult individual residing in the Mortgaged Premises at 20 Deer Lane, Carlisle, Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises, having acquired title by Deed dated May 8, 2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. 3. One of the Defendants is Lawrence L. Kostelac, Sr. who is an adult individual residing in the Mortgaged Premises at 20 Deer Lane, Carlisle. Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises having acquired title by Deed dated May 8, 2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. '",,! .~..,., ',"-' . '0......."........ " Mortgage . .' , 4. On or about October 19, 1993, Defendants made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on October 27, 1993 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1173, Page 432. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 5. There have been no assignments of said Mortgage. Default 6. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from September 1, 2000 through the date of filing this Complaint as required by the terms of the Mortgage. Any payments that may have been made during this period were applied to the delinquency balance due and owing prior to September 1, 2000. 7. 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. 8. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance. " . . . . . . . . . . . . . . I nterest from 9/1/00 to 2/16/01 (inclusive) at $8.2301 per diem. . . . . . " ., Late Charges from 9/1/00 to 2/16/01 (inclusive) at $31.28 per month. . . . . . . . . . . , Escrow Deficit . . . . . . . . . . . . . . . . . . . . . . . . Homeowner's Insurance (due 7/21/01) .. . . . . Taxes (due 4/30101) . . . . . . . . . . . . . . . . . . , . Taxes (due 8/1101) . . . . . . . . . . . . . . . . . . . . . Attorney's Commission 5% ..,.......... TOTAL AMOUNT DUE $47,189.42 $ 1,405.81 $ 185.44 $ 435.64 $ 910.00 $ 232.99 $ 820.14 $ 2,359.47 $53,538.91 Compliance with Homeowners' Emergency Assistance Act 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: ""'!l';~'N1' " , . , .' (i) Defendants have failed to meet with the Plainitff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit B; or (ii) Defendants' application for assistance has been rejected by the Pennsylvania Housing Finance Agency. Inapplicability of Loan Interest and Protection Law 10. 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 Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. WHEREFORE, Plaintiff Waypoint Bank prays for judgment in its favor and against Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr. in the amount of Fifty Three Thousand Five Hundred Thirty Eight and 91/100 Dollars ($53,538.91), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $8.2301 per diem, from 2/17/01, late charges at 5% of the monthly payment amount, currently $31.28 per month from 2/17/01 escrow charges, currently $169.15 per month from 2/17/01, 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. Benjamin . Riggs, Jr. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 By . --"i't',jll'.\,~ ~_ ,1'...../ ~j' --'" " )..,)OU!~ , t.) I' ,1\ J '--",,-, 1, "_____ .. ;,-, ~:\ ~ C ,=--:~ '_';' L~' C C. Li..) ,,,ll,,': :.., I C-~,:;i~TY-FA '.../...; "I;" L...' ._,-"... '93 OCT 27 Prl 1 26 (Space Above This Line For Recording Data] MORTGAGE 1HIS MORTGAGE ("Security Instrument") is given on OCTOBER 19TH, 1993 The mortgagor is MATTHEW J KOSTELAC and LAWRENCE L KOSTELAC SR , AS JOINT TENANTS ("Borrower"). This Security Instrument is given to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION which is organized and existing under the laws of THE UNITED STATES OF AMERICA 101 S. GEORGE STREET, YORK, PA 17401 , and whose address is ("Lender"). Borrower owes Lender the principal sum of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY AND NO/IOO********************************* Dollars (U.S. $ 71250.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), whicb provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2008 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and aJJ renewals, extensions and modifications of the Note: (b) the payment of aJJ other sums, with interest, advanced under paragraph 7 to protect the security of thi~ Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mongage, grant and convey to Lender the following described propeny located in CUMBERLAND County, Pennsylvania: (SEE ATTACHED LEGAL) which has the address of 20 DEER LANE [Zip Code] (Street] ("Property Address"); CARLISLE [City] Pennsylvania 17013 ACCOUNT #: 100053990 PENNSYLVANIA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 1950L1 (9211) Form 3039 9/90 -(page 1 of 6 pages) Great Lakes Business Forms, Inc. . To Order Call: 1-800-530-9393 0 FAX 616-791-1131 [lOOK 1173 PAGE 432 ifi~~""",~,.ll, " ,- ^ I'.f" ACCOUNT #: 100053990 , , ' TOGETHER WITII all the improvements now or hereafter erecteO on the ~roperty, and all easements, appurtenances, and fiytures 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 ("Fuuds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property. if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (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 Banle 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 acconnting of the Funds. showing credits and debits to the Funds and the pUlJlose 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. Leuder 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 Harrower 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 lieu 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 Instrumeut, 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) Form 3039 9/90 (page 2 of 6 pages) Gr~aILakesBusintlssForms,lnc. . To Order Call: 1-800-530-9393 0 FAX 616.791-1131 BOOK 1173 PAGE 433 "'-~:" '.',T,'" , ,,- ," ACCOUNT #: 100053990 for the periods that 'Lender requires. The insurance carrier providing the insuran'ce 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. AIl 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 uotices. 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 restoratiou or repair is economically feasible and Lender's security is not lesseued. If the restoration or repair is not ecouomically feasible or Leuder'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 dris Security Instrument, whether or not then due. The 3D-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 pOSlpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security InSlruJl\ent 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 dris 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 nnreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall uot 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 impainnent of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with 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 dris Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the PropellY (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-tweIfth 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 msurance coverage (m 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, nntil 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 195oL3 (9211) Form 3039 9/90 (page 3 0/6 pages) Greal Lakes Business Forms, Inc. . To Order Call: 1-800-530-9393 0 FAX 616-791-1131 .!f'A'~ ," ,~"<. '1 ,~ BOOK 11 ,3 PAGE 434- " -1--' , ACCOUNT #; 100053990 , . , any condemnation or other taking of any part of the Property, or fa! 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 shill be applied to the sums secured by thIS Secunty InstrUment, whether or not then due, with any excess paid to Borrow,er. 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 shill be applied to the sums secured by this Security Instrument whether or not the sums are tIlen 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 I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument 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 aud Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's 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 tenns of this Security Instrument or the Note without that Borrower's consent. 13. Loan Cbarges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally intetpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount uecessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, 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 confonned copy of the Note and of this Security Instrument. 17. Transfer oftbe Property or a Beneficiallnterest in Borrower. If ill 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 L.ender 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 pennitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Rigbt to Reinstate. If Borrower meets certain conditions, Borrower shill 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) Form30399/90(page4of6pages) Great lakes BusIness Forms, Inc. . bOOK 1173 PAGE 435 To Order Call: 1-800-530-9393 o FAX 616-791-1131 ~'~-pr , ~, -'"",,-- ''''''', , I', -' . '''' ACCOUNT #: 100053990 applicable I:W may ~pecifY for reinstatement) before sale of the Property pursuant to any power of sale contained'in this Securily 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, inclnding, 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 informatiou 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 residentia1 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 breacb of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragrapb 17 unless applicable law provides otberwise). Lender sball notify Borrower of, among other tbings: (a) tbe default; (b) tbe action required to cure tbe default; (c) when tbe default must be cured; and (d) tbat failure to cure tbe default as specified may result in acceleration of tbe snms secured by this Security Instrument, foreclosure by judicial proceeding and sale of tbe Property. Lender sball fnrtber inform Borrower of tbe rigbt to reinstate after acceleration and tbe rigbt to assert in tbe foreclosure proceeding tbe non-existence of a default or any otber defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose tbis Security Instrument by judicial proceeding. Lender sball be entitled to collect all expenses incurred in pursuiug tbe remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to tbe extent permitted by applicable law. 22. Release. Upon payment of all snms secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After snch 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. Purcbase 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 19S0l5 (9211} BOOK 1173 PAGE 436 Form 3039 9190 (page 5 of6 pages) Greal Lakes Business Forms, Inc. . To Order Call: 1-800-530-9393 o FAX 616-791-1131 ;~,"T","", .~ . ~ , "'- I, ~" , ,. , . . 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)] o o o 5J Other(s) [specify] RIDER TO PARAGRAPH 18 AND ADDENDUM Adjustable Rate Rider 0 Condominium Rider 0 1-4 Family Rider Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. /} W~' - /1d"- K ~'/ // V/ .' $~ ::f~ MATTHEW JYKOSTELAC (seal)d~_~,,<..,..._ C~ ~U~l ,Borrower LAWRENCE L KOSTELAC SR (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 19TH day of OCTOBER, 1993 , before me, the undersigned officer, personally appeared MATTHEW J KOSTELAC and LAWRENCE L KOSTELAC SR proven) to be the persons whose name s are that they executed the same for the purpose herein contained. known to me (or satisfactorily subscribed to the within instrument and acknowledged My Commission expires: ,:~:9~~~.;~~' ,c~: '~;-_ - \;\- " ,J'\ll\' 0, "I L0)0l v (. . -y+i!~!,:. 'l'~i~ J :.J r-\...t, :LLl r! ' -:-1 ~,?" ,~, ~ -~!~.::,~~{~.:,~~:,::~:::; -titie',bf'Wtfi~'er IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL MILDRED M. TETER, Netoe" Public I", ~i-arrJ sbutg. Daupi,j (I Co~nty 1 PA 'J CQmrn1ssion Expires August 29, t~~~ CERTIFICA1E OF RESIDENCE I, , do hereby certify that the correct address of the within named lender is 17401 (}fA Fi / Witness my hand thiS//"-'=--daY of L/ cb ..) 101 S. GEORGE STREET, YORK, PA /993 ~--- /< ~'r: Agent of Lender ACCOUNT #: 10 ITEM 1950Ls (9211) PrepareCl 157 / ./ ,(;)' ), ,.~//l"/ c / i_~;: I , . / '~i173 PAGE 437 - i.,'----"/- ~ ,'/ -/" '-- '--\' 1:1/(.'''...'--> ' ,.-----}~'- '~------' Form 3039 9/90 (page 6016 pages) Great Lakes Business Forms, In~. . ToOrderCaJJ: 1-800-530-9393 o FAX 616-791-1131 ;",...'l'il~lJT!:W:LI,J,..". _ ~ __'",. ._ _.. _" ALL 1HOSE lWG CERTAIN tracts of ground situate in Silver Spring Township, Ctlmberland County, Pennsylvania, more particularly bounded ar'ld described as follQWS~ to wit: TRACT NIL 1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; therlce North 83 degrees East, 11 perches to a post; therlce by land now or formerly of Jacob Shank, South 39 degrees East, 32 perctles; thence Sout~l 21 arid 1/2 degrees East, 23 perctles; thence South 67 degrees West, 19 perches; thence North 23 degrees West. 57 perctles to the place of BEGINNING. CONTAINING 5 aCl'es and 123 perChes, more or less. ~iAVING THEREON ERECTED a two story frame dwelling house and bal'fl. TRACT tiG. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the sQuthern 1irl8 of said private lane, which lane exists on land now or formerly of Mary E, McCahan, North 67 degrees East, 200 feet to a poirlt on other land f1QW or formerly of Nola Blain F'aust Wolf, at vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by other lands now or formerly of Mary E. McCahan, South 67 degrees West~ 200 feet to a point marked by a concrete monument; theflce oy the same, North 23 de91'ees West, 400 feet to a point marked by a concrete monument the pla~e of BEGINNING. CON1'AINING 80,000 square feet. SAID premises are under and sltbject to the use of a five foot wi'de st~ip o'f land along the western boundary of said premises m~ part of a 10 foot utility easenlent for the entire depth of 400 feet. Ttle entire 10 foot utility easemerit to be comprised by using 5 feet from each property abutting said boundary lirle. BEING the same premises which Johrl J. Diaferio by Deed dated November 17, 1987 and recorded in Cumberland County, in Deed Book UBn, Volume 33 page 226 conveyed unto Lawrence L.. Kostelac, Sr, arid Matthew J, Kostelac. BOOK 11 '13 PAGE 4-38 !':',~ ,-" 1- ~'-I . , ", '1 , . "'~-"--I RIDER TO PARAGRAPH 18 I1We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the MortgagelDeed of Trust, executed by me/us this 19TH day of OCTOBER, 1993, shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the MorlgagelDeed of Trust. The term "reasonable attorney's fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5 %) of the principal due at the time of foreclosure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. ~ 7 /iI:~ MAITHEW j1(OSTELAC (SEAL) c=:I~~~~ ~ /~~ z (SEAL) (SEAL) (SEAL) .. ,,:;,.~yIWHlill } 55 . :"--,~);n,;:.!.(,'rttlnd ~. . ';1 t1"<:: otfice for tho re~rding of DeWs ... .'. .... 'u"1 . mblllrlend COUll "....-. _...,.J...~~....... .vur.::..:-page 9 . ." .....r"'ir.?~I<< 0 ""'/~tlJi>'" day ".1~_ "'j'.r- ,-c; "c "'7"' ,r';"- -" ~ .' -. -::.."....'7"'y~.,...r /I ..:....1':-~(..:.2~-~-'" . " ~'- pt',.-,. , l'Iacorder' ,..~/ -' BOOK 1173 PACE :139 Y'{'!fl~. I' ~- , NOTE OCTOBER 19 ,19 93 HARRISBURG [City] PENNSYLVANIA (Stille] 20 DEER LANE, CARLISLE, PENNSYLVANIA 17013 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$ , 71250.00 (this amount is called "principal"), pIllS interest, to the order of the Lender. TheLenderis YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, 101 S. GEORGE STREET, YORK, PA 17401 . . : I understand that the Lender may transfer lhis Note. The Lender or anyone who takes flus 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 6.625 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1ST day afeach month beginning on DECEMBER 1ST 1993 . 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 principa1. If, on NOVEMBER 1 2008 ,I still owe amounts under this Note,'! will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at PENNSYLVANIA 17401 (B) Amount of Montbly Payments My monthly payment will be in the amountofU.S.$ YORK FEDERAL SAVINGS AND LOAN ASSOC, 101 SOUTH GEORGE STREET, YORK, or at a different place if required by the Note Holder. 625.57 4. 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 "prepayment" When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. IT I make a partial prepayment, there will be no changes in the due date or in' the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fmally interpreted so that the interest or other loan charg~ 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 pennitted limit; and (ii) any sums already collected fr~m me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make lhis refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment 6. BORROWER'~ FAILURE TO PAY AS REQUIRED. (A) Late c~arge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN(15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the_charge will be 5.000 % 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] am in default, the Note Holder may send me a written notice telling me that if I dQ not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the nouce 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 aDd Expenses . _ If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any nouce that must be given to me under this Note will be given by delivering it or by mailing it by flIst class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or al a differenl address if I am given a notice of that different address. !h. J v/ "By iOltialing, the Borrower(s) acknowledgc(s) thal thiS page is page 1 of 2 ~itlals Initials of the M"ulustate Fixed Rate NOle." ACCOUNT NO: 10005399 MUL TIS TATE FIXED RATE NOTE - Single Family. FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12f83 Form 164611 (BB12) Pagnlol2 Grul l.akes Buslnesl Furrm.Jnt. . USA j-BCO-2SJ-02090M11-S00'JSB_26430FAX (516)-19101131 '-l/<"':>""~'''', _"""I. ~, 8. OBLlGA TlONS OF PERSONS UNDER TillS NOTE If more than one person signs lhis 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 amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presenlment and notice of dishonor. "Presenttnent" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under lhis Note, a Mortgage, Deed of Trust or Security Deed (the" Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. WllNESS TIlE HAND(S) AND SEAL(S) OF TIlE UNDERSIGNED. ~ ~~ ~/~ ~.- l,!('hYi. / '^D"'" """'''' (Seal) -Borrower (Seal) .BOHower (Seal) .BoHower (Seal) -Borrower [Sign Original Only] f It) t Inilials Initials Form 1646L2 (88t2) Page2ot2 "By initialing, the Borrower(s) acknowledge(s) that this page is page 2 of 2 of the Multistate Fixed Rate Note." __ '}_ h. L ((') G'oal U.k.! Su.ln.os fOlm!. Inc. . USA t-aoO-253-0209 OMI 1-800-358-26~~ o FAX (516).791-j131 "-~""":'"'- '" ',=_00 '. 1"':1'1" \ VI WaYRqi!lt LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vonr home is in default. and the lender intends to foreclose. Specific information abont the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save vour home. This notice explains how the program works. To see if HEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with vou when vou meet with the Counseling Agencv. The name, address and phone nnmber of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If vou have anv Questions, vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If yon have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar associatiou may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON INNEDITAMENTE LLAMANDO ESTA AGENClA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IDPOTECA. P.O. Box 1711. HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrEE I-B66,WAYPOINT (1-866-929-7646) . wwwwaypointbank.com "" _,..,._ ,,;lliIl:Ii!-_ , . I, I ,~ HOMEOWNER'S NAME(S): _Matthew 1. Kostelic_ PROPERTY ADDRESS: 20 Deer Lalle, Carlzsle. PA 170J 3 MAILING ADDRESS: _20 Deer Lane, Carlisle, PA 17013 LOAN ACCT. NO.: _9800053990_ ORIGINAL LENDER: _ York Federal Savings & Loan Association_ CURRENT LENDERlSERVICER: Wavooint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face,to-face" meeting with one ofthe consumer credit counseling agencies listed at the end of this Notice. TIDS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to,face meeting. Advise your lender immediatelv of your intentions. AJ>PLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end ofthis Notice. Only consumer credit ,~ - . , "" counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or pos1marked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIllS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IIVIMEDlATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--AvailabIe funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE Fll,ING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY ANI) SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! it up to date). NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property located at_20 Deer Lane, Carlisle, PAl 70 13 _IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ a partial payment of$71 7.78 for October, a payment of$718.89 for November, and a payment of $794.72 for the month December, 2000_ Other charges:_$122.88_ TOTAL AMOUNT PAST DUE:_$2,354.27_ B.YOU HAVE F All..ED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT---You may cure the default within THlRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG THE TIllRTY (30) DAY PERIOD. Pavrnents must be made either bv cash, cashier's check certified check or monev order made pavabJe and sent to: Wavpoint Bank 449 Eisenhower Boulevard Harrisburg, P A 17 Il I IF YOU DO NOT CURE THE DEFAULTmIfyou do not cure the default within THlRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose I",-!\<j!~~' . . ,~ ., ~- <, .. , , ' . the chance to pay the mortgage in monthly installments. If full payment of the total amount past due IS not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mort!!aged propem'. " IF TIlI MORTGAGE IS FORECLOSED UPON,-,The mortgaged property will be sold by the Sheriff 10 payoff the mongage debt If the lender refers your case to lIS attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incuITed, up to $50.00, However. ifJegal proceedings are started against you. you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the TIDRTY (30) DAY period, vou will uot be required to pay attornev's fees. OTHER LENDER REMEDIES---The lender may also sue you personally for the unpaid principal balance and all other sums due under the mOligage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---Ifyou have not cured the default within the THlRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and nrevent the sale at anv time UP to one hour before the Sheriff s sale. YOll may do so bv pavin~ the total amount then past due, plus anv late or other charges then due. reasonable attornev's fees apd costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing bv the lender and bv perfonning anv other requirements under the mOligage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE---It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you befOIe the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any rime exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT TID:: LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wavooint Bank 449 Eisenhower Boulevard, Hbg., P A 17111 (717) 909-2786 or 1-800,554-4572 ex!. 2786 (7] 7) 909-2780 Scott Dunn1ire EFFECT OF SHERIFF'S SALE,--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and YOllr nght to occupy it If you continue to live in the property after the Sheliff s Sale, a laWSUIt to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE,--You _mayor X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments. charges and attomey's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RlGHT: mTt'lIJJ1lIII'.., ~ . ,~ . . TO SELL THE PROPERTY TO OBT AlN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TI!v1ES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY l-IAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Respectnllly, ~--......JlD .~ C.f2Y-.JJ::x\...UVV\rf\ lA,ji Scott Dunmire ~ Collections Counselor , :."..""",-.,.""'" " ~ ~ , ''1'' "j",",,, ~. , , , , If funds are received and negotiated in less than the total amount due including legal fees and costs. Wan_oint Bank reserves the right to return the funds to you and continue with legal proceedings pending receipt of the total amount due. ., I " , . VI WaYRqi!lt LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 The subscriber below of the U S Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, P A, does hereby certifY that an envelope was mailed with postage repaid by First Class Mail from the Waypoint Bank, addressed Matthew J Kostelic, 20 Deer Lane, Carlisle, P A 17013 properly deposited in the U SMail for delivery this 15th day of December, 2000. U S. Post Office By: Harrisburg, PA P.O. Box 1711. HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrEE I-B66-WAYPOINT (I-B66-929-7646) , wwwwaypointbank.com 'T""""r-"""',.-,- -I ' -~ , I , " ~--ili~"""",,,~_~r, r .~ ,"~~ \ , '. 1 I / ""~~ 41;ll:ll'l1:!{''r'I1_1il'':.t;:'Ii.<! ~ rJ, 1/1 . , 1!/11iki . Ilil/~ ~ : :~) jf~ . tot) ( :'~~I:::d' III i ~.'~ &Im,,:<p""lj' !' d1J .:t;" "'e, ~r:: ~.. ,;' )\\ .,,", :;;"'" <..,~ \ ,,;"'J :l;;:: r';.J .'~ ;~.~ \ '1;: aii"- 1 ''@Ii'.-~ ~'{) I p:;<:;t-';J~":;l \ ,:0:; ;:::. 1. i.,,,. .:::. "'.1 L(i. ''".). Q.{ 1-, rf. 'P: ) U}o?tu l t I I t ~J:~rl ire ~ j ~j ~=1 ~.' '!i!:; ,~- ,~".- . f).. i; Ii".' k~ j.' ~-!/..:::: !; ."'~,~ -~ j "q; i ;' " s :,' ~\i .,,~ t t ,~~~!:! ! .... '" , z€-.;?t~ w .~ { ;' ,~"~ ,,: ...,~ LJ1 'V 0 CD f:: is - .;._z '" . '" lD 0< m ::1 ~ >ocr ~ '" III .... CD c CD a: c ::n w .~ ... Q. en -0. ~ CD ._ ~ OCD ::> .c (J III "0 al '~ ~ ala: m - :I: (J c: ~ .- .... .~ is ':::::3 x .n _ 0 <Il CD In cc: d a: '-~ "j ,-, . , ..0 t'- [T1 0- r" Lr. 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CD 3~grn-<!=U S:Q,a.~ (ij.~ . :fS::lg.~ (1),< :r~.() 3 0 ro @ o,'~ a!.~ (j) P--5' -0 < -: roo ~ $. ~ o u> m ,m m j I '~ ~~ "_ '"","'" !"T:l'!"Ii1;~,~"rtr;F"')'{h'P""~~':';N~'i~,,;),~f-rn"'fl.~!'if:I'i![I!!li~~~~I~'!n~_ >' >< " =+;iil -<"- mm SJl~ ~ ~ ~ ~ Q.Q. ~ ro <' lli ~ Q. ~ ~ ro ~~ ~ a 0'3 *"ro ~ 3 ., DODD ztif15':rK o ~ 0. (\I ro a . . m m ,~,1ll1~~1 :'''~''~ . ~ , . ", WaYRqipKt LOOK FOR US. WE'll GET YOU THERE. December 15,2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information abont the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save vonr home. This notice explains how the program works. I' To see if HEMAr can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITlDN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with you when yOU meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving vonr County are listed at the end of this Notice. If you have any Questions. you may call the Pennsylvania Housing Finance Agency toll fJ"ee at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in yonr area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECIIO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PtJEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU illPOTECA. PO. Box 1711. HARRISBURG, PENNSYLVANIA 17105-1711 Toll FrEE I-B66-WAYPOINT (1-866-929-7646) . www.waypointbank.com ,,,,,,,,'~,,,,~<;;r , ". , H I 1, I .,~'> , , HOMEOWNER'S NAME(S): _Lawrence L Kostelic, Sr._ PROPERTY ADDRESS: 20Dee1'Lane, Car/zs)e,PA 17013_ MAILING ADDRESS: _20 Deer Lane, Carlisle, P A 17013 LOAN ACCT. NO.: _9800053990_ ORIGINAL LENDER: _ York Federal Savings & Loan Association_ CURRENT LENDERJSERVICER: Wavooint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELlGIBLE FOR FINANCIAL ASSISTANCE WIDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face,to,face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRlJ\[G YOUR MORTGAGE UP TO DATE. TIlE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGF DEFAULT". EXPLAINS HOW TO BRlJ\[G YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCrnS---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end ofthis Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated COnsumer credit counseling agencies listed at the end of this Notice. Only consumer credit 'i'," ~,- .'~ ~.""'~.., - ,~--" '- .. , , , counseling agencies have applications for 1he program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked wi1hin thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION---Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. ' NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it UIl to dllte). NATURE OF THE DEFAULT---The MORTGAGE debt held by 1he above lender on your property located at_20 Deer Lane, Carlisle, P A 17013 _IS SERIOUSLY IN DEFAULT because: ii :; :1 !'i 'I !'] 'I j,! :j ,I :i A. YOU rIA VE NOT MADE MONTHLY MORTGAGE PAYMENTS for 1he following mon1hs and the following amounts are now past due: _ a partial payment of$717.78 for October, a payment of $718.89 for November, and a payment of $794.72 for 1he mon1h December, 2000 Other charges:_$122.88_ TOTAL AMOUNT PAST DUE:_$2,354.27_ B.YOU HAVE F ATI-ED TO TAKE THE FOLLOWING ACTION: " HOW TO CURE THE DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check, certified check or monev order made payable and sent to: !i Waypoint Bank 449 EisenhOwer Boulevard Harrisburg. PA 17111 IF YOU DO NOT CURE THE DEFAULT-..Ifyou do not cure 1he default wi1hin THIRTY (30) DAYS ofthe date of this Notice, the lender intends to exercise its ri!!hts to accelerate the mort!!a!!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose !-:''!'-'f'''--- ~ .~, '1 ',' -,.-, ~ ~ ,~,~.. t'-"'-"i.."",O ~~ ,'- 4 ,I 1 .. ) 1 the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vonr mortzazed property. . IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged property will be sold by the Sheriff to payoff the mortgage debt If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incuned, up to $50.00. However. if legal proceedings are stal1ed against you, you will have to pay all reasonable 'attorney's fees actually incuned by the lender even if they exceed $50.00. ,A,ny attomey's fees will be added to the amount you owe the lender, which may also mclude other reasonable costs. If vou cure the default within the TIDRTY (30) DAY period, vou will not be reouired to pav attorney's fees. OTHER LENDER REMEDIES--- The lender may also sue you personally for the unpaid principal balance and all other sums due under the m011gage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the ri[ht to cure the default and preventthe sale at anv time UP to one hour before the Sheriff s sale. You mav do so by paving the total amount then past due, plus anv late or other charges then due. reasonable attorney's fees apd costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing by the lender and bv perfomung anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately foUl' months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at allY time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Waypoint Bank 449 Eisenhower Boulevard, Hbg" P A 17111 (717) 909-2786 or 1,800,554-4572 ext 2786 (717) 909-2780 Scott Dunmire EFFECT OF SHERIFF'S SALE-..You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the properly after the Sheriffs Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--,You _mayor --.-Xmay not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomey's fees and costs are paid prior to or at the sale and that the other requiren1ents of the mortgage are satisfied. YOlT MAY ALSO HA VE THE RIGHT: ^I',:M~~_,_ ..... , ,. " ,-- " ,~ . -..,,-. " , ., , . TO SELL THE PROPERTY TO OBTAJN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY /\J\1)' THIRD PARTY ACTING ON YOUR BEHALF . . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT RAD OCCURRED.. If YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE nns RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEI\R.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY I-IAVE TO SUCH ACTION BY TI-IE LENDER. . TO SEEK PROTECTION UNDER TI-IE FEDERAL BANKRUPTCY LAW. Respectfully, ~~,(\ .~ LJ2:Y-U.:::x~U\I\fV'Y\lA.J Scott Dunmire ~ Collections Counselor ~ ,~ " ., ," ," ,~ q C'" - ! " . ,. , . lffuuds are received and negotiated in less than the total amount due including legal fees and costs. Waypoint Bank reserves the right to return the funds to you and continue witl1 ]eg31 proceedings pending receipt of the total amount due. "'ri:l"",,,,~ ~ -" " .' ':!i"""'>- ""~ .-' - ., . V'l WaYRqi!lt .' . LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 The subscriber below of the U S Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, P A, does hereby certify that an envelope was mailed with postage repaid by First Class Mail from the Way point Bank, addressed Lawrence L. Kostelic, Sr., 20 Deer Lane, Carlisle, P A 17013 properly deposited in the U SMail for delivery this 15th day of December, 2000. .,~ Q. ,~, " US Post Office By: Harrisburg, P A P.O. Box 1711. HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrEE I-B66-WAYPOINT (I-B66-929-7646) . www.waypointbank.com n-':;:1!}i\l!! 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Q..s: CD = QJ ;n ~ i o "- ". m "!, W ii ci' m ODD o;nm 9~:g 0" m . ~ . ;nO @ ~ S' - ~ ;:; m " ,,- . , 0. m' . - 010t" IlJOIlJ " tJ :;: ~(i) @ {Jl (i) ;:l ...." 0 (i) (]) t" ;;7 ~ t" (i) '" o (Jl ~l IT o (i) .... W f-'. o e2 ____OM'~~-,_ , ,4'lM",.IJ111 o " . . '0 4 ~ to . . ~ p >< . . ~ g);:O~1J~O o' o::t ::::!. CD 0 if) ::; ~::F~ 33 ):> ,... ::rO),<.+::."O 8: ~s=;g ~~ crl -fir CD .... 'JJCD (g 3 () 0 ~ (\);::;: 11I ;;l ~ ~ ; 5: 3 a.. ::::;;Ci..... cil ()Cf) ~ ~ O~ll,(t- v t:::l a.~ ~:t3o.0~l\) Q) cD _lll CO m -0 CT::ra.~::J (tlDlCDQ-mo. 3~2m-<~ ~S.a~ Cii.~ . ~ 8'::J g. ~ (1),< ~~. (') 3 g CD 'en 0 ~.' @ 9--5 -Q: ;% {D m " ~ J~ ~ CD ~1il ~~ JIJ ~ g:~ ~~ 0.0. m . ;z'f;? ~ Q, . il' &~ . - o '" o ~ 1[", o 0 ~ 3 ~ '0 f' (j) "'. , ~ . DODD ~~6:t 0.. . ' . - o . . .+ "' , ~ '<.<' ,""J'ffi'F"1i1'!>~i?'W''11T;;~);%,%,,<'''''~;;-,''''101$;(,,-t\i'I$I'-~~Ql~~~~ '<l .",.A "" ..... " . 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 Coordinator 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 \\.5' \6 \ By: ~l~- Stacy Armst~ng Default Coordinator $ j , ), :' )' '." " ~: ., "[ '"'''iI_~1Wl'~~~~ )i7"Jf~ -I~'" l' -- I, '" ,,. " ~ r~ ~. ~ ...,'" ~~ "" !T~1Xf:" ~ " ",., <-, -~ -.,~~~~, .... . .. __,JlW>'.~ '" "'~ ~ , ~,.,- ... I" , (') ~~. ~~() }::C~ :0:::(-) J.'C 2' :~ "i'~~~'l';l1Ij"W'1"?''';' -,,-,,:," ,";"'''~, "{,"fiP-';\'fWj}\jw;""r,lS,~,,,,'W~Jl;:iliii-,~~"{[""'tr;,.;,:ti\;;':7'i't;jk',~!!'~'''Jil;l~~~' lilD . C) '--0;1> ,-""" ~;J '" - ::i:: " -<; IS !"\Vc~ ~ E' ~ ~ ~ . urn TT r I" . . n --Tl ~';'; -:::D '!.) ,,) f...; :;f~ l'-'f'1 .-,- ":"':;;C) t/T1 ._" .,.,. ':0 ..< @) ~ -~ SHERIFF'S RETURN - NOT FOUND J CASE NO: 2001-01626 P , ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT BANK VS KOSTELAC MATTHEW J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT KOSTELAC MATTHEW J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , KOSTELAC MATTHEW J DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER BRIDGET 4/17/01. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 3.10 5.00 10.00 .00 36.10 sO~2?~ R. homas Kline Sheriff of Cumberland County WAYPOINT BANK 04/18/2001 Sworn and subscribed to before me this d. '-/ 't- day of ft.. 1 dfJO/ A.D. (}.'t'~ t2. 'fk,'b.l. .'~ Pro h notary F,~~l'; .. ''"'I I^! , . SHERIFF'S RETURN - NOT FOUND .. CASE NO: 2001-01626 P ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT BANK VS KOSTELAC MATTHEW J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT KOSTELAC LAWRENCE L SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , KOSTELAC LAWRENCE L SR DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, RET NOT FOUND AS PER BRIDGET 4/17/01. Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 so~~~~ R. homas Kline Sheriff of Cumberland County WAYPOINT BANK 04/18/2001 Sworn and subscribed to before me this .2.</113: day of ~ .21>-1P I A.D. Q~'L' CO h-t~_U'.~ # Pr t onotary , >'~I'1!!F!I\J.. ~'~I r" , " ,,=""'''''I'I~'''''~' ." <'1'I~~WI7" /~ . h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. 0/- /(,.:J.<., (In',..,:! fLvv-. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR Defendants 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 LA\lVYER AT ONCE. IF YOU DO NOT HAVE A LA\lVYER 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 Telephone: (717) 249-3166 lRUE COPY FROM RECORD In Testimony Whereof, I here unto set my hanc and the seal of said Court at Carlisle. Fa. This 21A-1--.;:ay ~~., j~/ ..., ('__'''.1 _ ~ 1(0'/, ProthonotSry " ,I -"'-' !;i1!I_ - ."~ ~ "~- ,', "t' - ,"'- -',-"h';" "',"',"'-. -,"'m<~J"""'d,~L,,~,""'a't.Mi1" 'Y,. ~""rrv,.W]r'iwJtt;-11l.Jt~:':f"f1'~mf~'~iJ':Tfl'~lIi~1R~ .', " r~ .~.1 ,7 " ~~~ W1rJF:~~~"'If"V~lf'*~~~r, ~i i Ai 41f, ,.~. .11 II~~" ~__!l_'I'''f~?~i, ~ . , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tamar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 par abogado y presentar en la Corte par escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion par cualquier dinero reclamado en la demand a 0 par cualquier otra queja 0 compensacion reclamados par el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS' DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 " it,< :;'\ ::-"t:nI!Jf~J.,.., ,~" I I . ,~ l "" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. tJ/- /{.2& Cwa T~ MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants COMPLAINT AND NOW, comes PlaintiffWaypoint Bank, flkla York Federal Savings and Loan Association and Harris Savings Bank ("Waypoint"), by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr., 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 449 Eisenhower Boulevard, Harrisburg, Pennsylvania 17111. 2. One of the Defendants is Matthew J. Kostelac who is an adult individual residing in the Mortgaged Premises at 20 Deer Lane, Carlisle, Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises, having acquired title by Deed dated May 8, 2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. 3. One of the Defendants is Lawrence L. Kostelac, Sr. who is an adult individual residing in the Mortgaged Premises at 20 Deer Lane, Carlisle, Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises having acquired title by Deed dated May 8, 2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. l_i:"''''l'!liliI'1,o.. __ , , ",~,~~ Mortgage 4. On or about October 19, 1993, Defendants made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on October 27, 1993 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1173, Page 432. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 5. There have been no assignments of said Mortgage. Default 6. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from September 1, 2000 through the date of filing this Complaint as required by the terms of the Mortgage. Any payments that may have been made during this period were applied to the delinquency balance due and owing prior to September 1, 2000. 7. 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. 8. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance. . . . . . . . . . . . . . . . Interest from 9/1/00 to 2/16/01 (inclusive) at $8.2301 per diem. . . . . . .. .. Late Charges from 9/1/00 to 2/16/01 (inclusive) at $31.28 per month. . . . . . . . . . . . EscrowDeficit ........................ Homeowner's Insurance (due 7/21/01) .. . . . . Taxes (due 4/30/01) . . . . . . . . . . . . . . . . . . . . Taxes (due 8/1/01) . . . . . . . . . , . . . . , . . . . . . Attorney's Commission 5% ............. TOTAL AMOUNT DUE $47,189.42 $ 1,405.81 $ 185.44 $ 435.64 $ 910.00 $ 232.99 $ 820,14 $ 2,359.47 $53,538.91 Compliance with Homeowners' Emergency Assistance Act 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: n, " '.- (i) Defendants have failed to meet with the Plainitff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit B; or (ii) Defendants' application for assistance has been rejected by the Pennsylvania Housing Finance Agency. Inapplicability of Loan Interest and Protection Law 10. 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. 9 101 et ~.), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. WHEREFORE, Plaintiff Waypoint Bank prays for judgment in its favor and against Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr. in the amount of Fifty Three Thousand Five Hundred Thirty Eight and 91/100 Dollars ($53,538.91), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $8.2301 per diem, from 2/17/01, late charges at 5% of the monthly payment amount, currently $31.28 per month from 2/17/01 escrow charges, currently $169.15 per month from 2/17/01, attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. By Be"j~,~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 , ~,~ . I' ~ I ,J' , -," ~1 , .-" c', A... }-., ) L..1' C,;f / ) " }.) I ! \ / ,--" \_c I. .......- i, ~ L:'.': ,'. 'j;' ...,:C'-'0 "L r-" G~':_:lnY- FA :.J.,.J ;,j ~ Li"._:-. '93 OCT 27 Prl 1 26 [Space Above This Line For Recording Data] MORTGAGE TIllS MORTGAGE ("Security Inslrument") is given on OCTOBER 19TH, 1993 The mortgagor is MATTHEW J KOSTELAC and LAWRENCE L KOSTELAC SR , AS JOINT TENANTS ("Borrower"). This Security Instrument is given to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION whichisorganizedandexistingunderthelawsof THE UNITED STATES OF AMERICA 101 S. GEORGE STREET, YORK, PA 17401 , and whose address is ("Lender"). Borrower owes Lender the principal sum of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY AND NO/I00********************************* Dollars (U.S. $ 71250.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Inslrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2008 . This Security Inslrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of thi<; Security Inslrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: (SEE ATTACHED LEGAL) which has the address of 20 DEER LANE rStreetj CARLISLE [CIty] Pennsylvania 17013 IZip Code] ("Property Address"); ACCOUNT #: 100053990 PENNSYLVANIA -- Single Family -- Fannie Mac/Freddie Mac UNIFORM INSTRUMENT ITEM 1950L1 (9211) Form 3039 9/90 '(page) oj 6 pages) Grea1 Lakes Busilless Fcrms,lllc. . To Order Gall: 1-80D-530-9393 0 FAX 616-791-1131 IIOOK 1173 I'AGE 432 -'~~~!III . q,- -, ,-', '1'1 ,'~ ACCOUNT #: 100053990 TOGETHER WITH all the improvements now or hereafter erected dn the property, and all eaBements, appurtenances, and fiytures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security ~nstrument. All of the foregoing is referred to in this Security Instrument aB 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: Ca) yearly taxes and aBsessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (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 aB 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 accomit 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 lostrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, nnder 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: fITst, 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, aBsessments, 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 haB priority over this Security Instrument unless Borrower: (a) agrees in writing to Ihe 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 Ihe 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 wilhin 10 days of Ihe 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 tenn "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) Form 3039 9/90 (page 2 of 6 pages) Great lakes Business Forms, Ine, . To Order Call: 1-800-530-9393 0 FAX 616-791-1131 BOOK 11 73 f'AGE 433 '::~11l<h""",,~_ ,',-' ~ '":' , , 0"; " . -~T ,...... . , for the periods that Lender requires. The insurance carrier providing the insur~ce shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably WIthheld. If Borrower fails to mamTaIn coverage descnbed above, _ Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property m accordance WIth paragraph 7. AIl insurance policies and renewals shall be acceptable to Lender and shall include a standard ?1ortgage 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 msurance proceeds shall be applied to the sums secured by this Security Ins1Iull1ent, 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 carner 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 3D-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 I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protectiou of tbe Property; Borrower's Loan Application; Leasebolds. Borrower shall occupy, establisb, 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 leasebold, 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 Rigbts in tbe 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 forfeilme 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 premiwns 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, fTOm 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 195013 (9211) Form 3039 9/90 (page 3 of6 pages) Grejll Lakes BllsinessForms, Inc. . To Order Call: 1-1100-530-9393 o FAX 616.791-1131 I', 1;" ; " I': ,! H !"j ii " bOOK 1173 PACE 434, :Hi=_'~ ~ ..~ ACCOUNT #: 100053990 ~""~ ACCOUNT #; 100053990 any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigne.d 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 Secunty 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 A.ssigns 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 tenus 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 confonned 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 Secunty Instrument. If Borrower fails to pay these sums pnor 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 oth'(,r period as ITEM 1950L4 (9211) Form 3039 9/90 (page 4 of6 pages) ... Greal Lakes BllsinessForms, Int, . bOOK 1173 PAGE 43~ To Order Call: 1-BOO-5:10-9393 o FAX 816-791.1131 I,~"..., ", - ~~-... r I ~~ ACCOUNT #: 100053990 applicable law may specify for reinstatement) before sale of the ProjJerty 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 UDder 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 aud the right to assert in tbe foreclosure proceeding the non-existence of a default or auy 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 aU sums secured by this Security Iustrumeut without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect aU expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorueys' fees and costs of title evideuce 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 far 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 ta 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 ta acquire title to the Praperty, this Security Instrument shall be a purchase maney 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 r9211j BooK1173 PAGE 438 Form 3039 9/90 (page 5 of6 pages) Great Lakes Business Forms, Inc. . To OrDer Gall: '-800-530-9393 OFAX 616-791-1131 -!li'~" ~ " ,,,. ~r ,- I' -,.., ~ , .~- Tr 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this S.writy 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)] D Adjustable Rate Rider 0 Condominium Rider 0 I -4 Family Rider D Graduated Payment Rider D Planned Unit Development Rider D Biweekly Payment Rider D Balloon Rider 0 Rate Improvement Rider D 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 I through 6 of this Security Instrument and in any rider(s) execured by Borrower and recorded with it. /l ~~~~ K /~vc/'-'-; , / ) / / ./ I V $~ ;:f~' MATTHEW J9KOSTELAC d - -/~/" /,,,- . ' - '/ . ..../ (Seal) ,LdA_"'''''-' c:;{ /r S~, ...., ,Borrower LAWRENCE L KOSTELAC SR I (Seal) -Borrower (Seal) . Borrower (Seal) .Bonower COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 19TH day of OCTOBER, 1993 , before me, the undersigned officer, personally appeared MATTHEW J KOSTELAC and LAWRENCE L KOSTELAC SR proven) to be the persons whose name s are that they executed the same for the purpose herein contained. known to me (or satisfactorily subscribed to the within instrument and acknowledged IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: , '.,' , ' ,i,i:.t~~,'~\i ~;::~',:V~~ ~ t~:.."" . 'J)'}' ~ l L (l)r11 ~ [t, '." i.', ~~~ " liJ:: \.L' ,. cJ:'~!L.j;:-~ '.,' '." ;;i.'", "'1':\."",:."": ',' ~titie' bf'OOicer NOTARIAL SEAL ~mDf:EO M. TETER, NC~i1"' PUlll1c i4an~isbm'g, Di]U~~i:;-;(~ Count I! PA ", ,'- ". J' ..:::L \,-Ql11mlSS1on Exp1fes August 29, t9~E_ CERTIFICATE OF RESIDENCE I, , do hereby certify that the correct address of the within named lenderis 101 S. GEORGE STREET, 17401 /~_)./I v) } Wimess my hand this 7'..b<-~day of C.... cb . .) 1993 / L II;?,;;;, YORK, PA Agent of Lender /< '~/'v;L, / / / ACCOUNT #: IOU053990 I Form 3039 9/90 (page 6 of6 pages) Greai lakes Business Forms, Inc. . ToOraerCall: 1-800.530-9393 o FAX 616-791-113; ITEM "\9S0l6 ((121"\ \ / ,/' 'JQD.K1li3 PAGE 437 --:;.::>" - Prep~,reG ::>; ..' /./-' " , d. ,; '~~~~ /./ ,..:,': -_l,- --<. """"",-"""",,'~ , """~. ~, ~ [ I re fw. -,,=- ALL 1HOSE lWQ CERTAIN tracts of grouf!d situate in Silver Spring Township, Cumberlarld County, F'ennsylvarlia, more particularly bouncjf.~'(:i .::~nd dt::''::~cT'ibE.'c:i ~:-~:- foilo[t.),:;-, -!:..o 14i.t..;, TRACT NO~ 1; 8EGINNING ~~ a post, corner of larlds now or fOl'merly of John Kutz, rlQW or formerly of the Heirs of Gordon Leonard, deceased; therlce North 83 degrees East, j.1 perches to 3 post; thence by land now or formerlv of Jacob Shar~k, South 39 degrees East, 32 percnes thence South 21 and 1/2 degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 deqrees West, 57 pel'ctles to the pla~e of BEGINNINGt CONTAINING 5 aCl'es and 123 perches, Dlore or OJ r;:.-:::_~. __. _ _ _ 'h , HAVING T~~EREON ERECTED a two story franle dwellirf9 llouse and barr!t TRACT NQ~ .-;.~ ';;;'oi- BEGINNING ~T" a point on the southerr! side of an existing 16 foot wide p,'ivate lane, which point is North 67 degrees East~ 1320 feet from the center line of Deer Lane as the s~me is intersected by the sout~lern lirle of said private lane; thence along the southern lirle of said p~ivate lane, which lane exists on land now 01"' for-Hl'~rlv of Marv E+ McCahan, North 67 dSQrees East, 200 feet . - other land r~ow or formerly of Nola Blain Faust -LD a F10lrJt- on Wolf, et vir; therlce by said latter land, South 23 degrees East, 400 feet to 2 point; thence by other lands now or former IV of Mal'Y Et McCahan, South 67 degrees West, 200 feet to a poirlt ri;~:::"i'I.l~:!ci bv .~~ COnCf"f:3t.1!:! i'iIDnUlYlenti: thenCE' [:;\;/ thE-~ ':::-i:;,lTlf.~, NC"Jy'th 23 degrees West~ 400 fee~ to a point marked by a concrete olonuRler!t, ~ne place o.r BEGINNING. CON1'AINING 80vOOO sqiJare feet. SAID prenlises are LInder artd subject to the use of _ five foot wide strj.p ot land along the western boundary of said premises as o~~t. of _ 10 foot utility easenlent for the erltire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 fee.t f"i'om each property abutting said boundary line. E:EING t~le same premises which Johr! J. Diaferio by Deed aa~eo j-'-!OV-E'l"iIbE'T" ,1./ 1987 2f!d T'ecorded ir! Cunlberland COUflty, in Deed Book llE::n~! i)o}U!'ile F' a':.! {:= ~~~ :? (, i{ostE:.'lac I' ':;.r"-- conveved unto Lawrence L. and Matthew J. Kostelac. Boor-if ,3 PAGE 4-38 "I , ,'1" ~ RIDER TO PARAGRAPH 18 I/We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, executed by me/us this 19TH day of OCTOBER, 1993, shall be effective in accord with the lerms and conditions Ihereof and shall be deemed 10 be a condition of the MorlgagelDeed of Trust. The term "reasonable attorney's fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5 %) of the principal due at the time of foreclosure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and gnidelines as a condition of assignment or transfer. ~~~ MATTHEW )<KOSTELAC (SEAL) .~... /""-,-<-~-,,' ~ --/~ If"--_" -, -',. ,. _/ ;~fr-l"r- ~:./ . , -!l J ,~ (SEAL) (SEAL) (SEAL) b,""':,.< , ,~~~~~'~~~i.~:~~:~,:.~} SS - ,'" to"~,:. (J'lfice ror the recording of [l@~s ,...~.l '. ,J~r~:bm~lend CoonW4~-, ..IJ''':;:';''i41.t~ QI~ ,. " .' '",', ~:;;o(,,j J' \ oo;~" 1<J ' '" ,,' 'r'~ I.! '~~<.-.-;:,~~~;'i;:,.,.~~,::r ~/fi',J' <~:..1<f,,:~,:~2.:-:-;: Fiaeorder/ ,:<- iood173 PAGE :139 ',,,, ':'~"$'r ~~ I 1_ , ., . , i1,'W\\~""'if ~~- NOTE OCTOBER 19 ,19 93 HARRISBURG ICity] PENNSYLVANIA (Slale] 20 DEER LANE, CARLISLE, PENNSYLVANIA 17013 [PropenyAddress] 1. BORROWER'S PROJ\1lSE TO PAY . . In return for a loan that I have received, I promise to pay V.S.$ , 71250.00 (tins amount IS called "principal"), plus interest, to Ihe order of Ihe Lender. The Lender is YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, 101 S. GEORGE STREET, YORK, PA 17401 . . : 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 pnnclpal has been pmd. I will pay mterest at a yearly rare of 6.625 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monlhly payments on Ihe 1ST day of esch month beginning on DECEMBER 1ST 1993 . 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 mon1hly payments will be applied to interest before principal. If, on NOVEMBER 1 20.08 ,I still owe amounts under this Note,'} will pay those amounts in full on that date, wbich is called the "maturity date." I will make my monthly payments at PENNSYLVANIA 17401 (B) Amount of Monthly Payments My monthly payment will be in tbearnountofU.S.$ YORK FEDERAL SAVINGS AND LOAN ASSOC, 101 SOUTH GEORGE STREET I YORK, or at a different place if required by the Note Holder, 625.57 4. BORROWER'S RIGHT TO PREPAY r have the right to make payments of principai at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in 'Writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment 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 date or in' the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fmally 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 (ll) any sums already collected from me which exceeded pennined 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. 6. BORROWER'S FAILURE TO PAY AS REQUIRED. (A) Late charge for Overdue Payments . If the Note Holder has not received the full arnountof any montl1.ly payment by the end of FIFTEEN(15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % 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 nol pay the full amount of each monthly payment on the date it is due, I will be in default. (e) 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 Bolder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses .. .. If lhe 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 irs costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mailLO me at the Propeny Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given La the Note Holder under 1his Nole will be given by mailing il by frrst dass mail to the Note Holder at the address stated in Section 3(A) above or at a different address ifl am given a notice of that different address. IN ) ~ "B Y initialing, the Borrower(s) acknowledge(s) thm this page is page 1 of 2 tJ;.itlaJ: lnili..Js or the M'u!listale Fixed Rate Note." ACCOUNT NO: 10005399 MUL TISTATE FIXED RATE NOTE - Single Family. FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12fl'l:.l; Form 1&46L 1 rSSI2) Page 1 012 G'e~ll.klIs Business F9flllS. In~. . US", 1.aOO-25J-0209 0 1.11 1.aOO.~5a.254:l OF.I.X (516)-791-113; "'1!"11""""'"f1 , ... 'r. ~... ~o 8. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this Note. each person IS ftilly 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 w~o takes over these obligations, including the obligations of a guarantor, surety or endorser of Ihis Note, is also obligated to keep ail 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 amOllms owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presenunentand notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in somejurisdiclions, In addition to theprorections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the" Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of tbe Property or a Beneficial Interest in Borrower. If all or any part of Ihe 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 Seewity Instrument. If Lender exercises this oplion, 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. WITNESS TIlE HAND(S) AND SEAL(S) OF TIlE UNDERSIGNED. ~ ~i; ~/~ ......... ^,cK.:ir,z! "";.~" "'H~' (Seal) -Borrowe! (Seal) .BorrOWIlI (Seal) .BorrOWIlI (Seal) _Borlower [Sign Original Only] ( It) t IniLiah IniLiab Form 1646L2 (11812/ P8gs2al2 "By initialing, the BOlTower(s) acknowledge(s) thaL!.his page is page 2 of 2 of !.he Muhistate Fixed Rate Note" --- J ' ' - . h.OI () 6'oal L.k,a BUIIIIO.. Form.. 1"0. . USA 1.BCa.25~.a2C~ 0 MI J.eOD.~58.2S~~ 0 fAX (SlSl.79H 1~1 ~~'9-J1:J~, ~, . " - ", Waynoint tBANK LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!al!e on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pal!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able tohelll to save vour home. This notice explains how the prOl!ram works. To see if BEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with vou when vou meet with the Connseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies senrinl! your County are listed at the end of this Notice. If yOU have any Questions. you may call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with impaired bearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consnmer Credit Counseling Agency may be able to help explain it. Yon may also want to contact an attorney in your area. The local bar association may be able to heip you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO I'OR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU illPOTECA. P.O. 80x 171!. HARRISBURG, PENNSYLVANIA 17105-1711 Toll FrEE I-B66-WAYPOINT (1-866-929'7646) . wwwwaypointbank.com 'v'lff'~ ,.' ".,JII!1'1" " _ ~ 1 1 '! ~ Ii r ,~ HOMEOWNER'S NAME(S): _Matthew J. Koste1ic_ PROPERTY ADDRESS: 20DeerLalle, Carlzsle.PA 17013_ MAILING ADDRESS: .J.ODeerLane,Carlisle,PA 17013_ LOAN ACCT. NO.: _9800053990_ ORIGINAL LENDER: _ York Federal Savings & Loan Association_ ClJRRENT LENDERlSERVICER: Wavooint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE EUGIDLE FOR FINANCIAL ASSISTANCE WIDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE EUGIDLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CffiCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER EUGIDILITY REQUIREMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date Oftllis Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TIDS MEETING MUST OCCUR WITHIN THE NE),,'T THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF nns NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consunler credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addTesses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender innnediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the desib'11ated consumer credit counseling agencies listed at the epd of this Notice. Only consumer credit 'j1~ "","" -" ,'.- '" " ~ _'_J ,<,C'D~~ counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME JMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION---Availab1e funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pe:tllisylvania Housing Finance Agency of its decision on your annlication. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankrnptc)' you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it UP to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at:_20 Deer Lane, Carlisle, PA I 70 1 3_IS SERIOUSLY IN DEFAULT because: A YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ a pmiial payment of $71 7.78 for October, a payment of$718.89 for November, and a payment of $794.72 for the month December, 2000_ Other charges:_$122.88_ TOTAL AMOUNT PASTDUE:_$2,354.27_ B.YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION:_ HOW TO CURE THE DEFAULT--You may cure the default within TI-TIRTY (30) DAYS of the date of tlus notlce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURiNG THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check, certified check or money order made 'Payable and sent to: W aypoint Bank 449 Eisenhower Boulevard Harrisburg. PA 17111 IF YOU DO NOT CURE THE DEFAULT---Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri!!hts to accelerate the mort!!a!!e debt. 111is means that the entire outstanding balance of this debt will be considered due immediately and you may lose , ~t ,<.- t r " ~ ," - the chance to pay the mortgage in monthly insrallments. If full payment of the total amount past due is not made within THIRr{ (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mort!!a!!ed propem'. IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged properry will be sold by the Sheriff to payoff the mortgage debt If the lender refers your case to irs attorneys, but you cure the delinquency hefore the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually inculTed, up to $50.00. However. ifJegal proceedings are started against you.. you will have to pay all reasonable attorney's fees actually incuned by the lender even iftbey exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the TIDRTY (30) DAY period. vou will not be required to nav attorneY's fees. OTHER LENDER REMEDIES--- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mOltgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE..-Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, VOll stilJ have the ri~ht to cure the default and prevent the sale at any time UP to ope hour before the Sheriffs salt. Y Oll may do so bv pavin~ the total amount then past due, plus anv late or other charges then due. reasonable attomev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in WJiting bv the lender and bv performing all\' other requirements under the mOltf!age. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never (lefaulted. EARLIEST POSSffiLE SHERIFF'S SALE DATE---lt is estimated that the earliest date that such a Sheriffs Sale of the l11011gaged property could be held would be approximately foUl' months from the date ohhls Notice. A notice of the actual date of the Sheriffs Sale wi]] be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any rime exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax NUDlber: Contact !'erson: W a\~)oint Bank 449 Eisenhower Boulevard, Hbg.. FA 171 1 1 (7J 7i 909-2786 or 1-800-554-4572 ex!. 2786 (717 i 909-2780 Scott DUlmnre EFFECT OF SHERIFF'S SALE-- Y ou should realize that a Sheriffs Sale will end your ownership of the mortgaged pTOperty and your right to occupy it If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE---You _mayor X may not (CHECK ONE) se]] or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outsla;ding payments, charges and attomey's fees and costs are paid prior to or at the sale and that the other requjren1ents of tbe mortgage art satisfied. )lOll MAY ALSO It<\. iT THE PJGHT: f-:' "~~ ~ ,~"~ , '-I l,,' , ,,' ..-. "- . TO SELL THE PROPERTY TO OBTAJN MONEY TO PAY OFF TIIE MORTGAGE DEBT OR TO BOROW MONEY FROM ANOTHER LENDllolG llolSTITUTION TO PAY OFF THIS DEBT . TO RAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTllolG ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE Si>Jv[E POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HO\VEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES rn .ANY CALENDAR YEAR) . TO ASSERT TIIE NONEXISTENCE OF A DEFAULT llol ANY FORECLOSURE PROCEEDllolG OR ANY OTIIER LAWSUIT llolSTITUTED UNDER TIIE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIIE LENDER. . TO SEEK PROTECTION UNDER TIIE FEDERAL BANKRUPTCY LAW. Respectfully, S'Z~UV\f\"Y\vd ScottDmmrire ~ Collections Counselor 10' ^" ~ ,,'~~ ., '" , If funds are received and negoTiated in less than the total amount due including legal fees and costs. \Vaypoint Bank re.serves the right to return the funds 10 you and continue with legal proceedings pending receipt of the total amount due. -:'~ " '" I,." r I 0, - ~- Y'l WaYRqi!'J LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 The subscriber below of the U S Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certifY that an envelope was mailed with postage repaid by First Class Mail from the Waypoint Bank, addressed Matthew J Kostelic, 20 Deer Lane, Carlisle, P A 17013 properly deposited in the'U SMail for delivery this 15'h day of December, 2000. US Post Office By: Harrisburg. P A P.O. Box 1711. HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrEE 1-l366-WAYPOINT (I-B66-929-7646) . www.waypointbank.com ~j<~,~ . , . ~ " r~"''''''''''''.m;>!fIj '" ~ 'I'U 1 , 1~1~~ Uiti~~' ;.f~ JiJ!ft,.~. .(~ 1!'U~ '. ' !<I eo, ',,~ '~",Ii ;..,;.> . ..~ ,I ;~f'*~I:;;;,;; !)1 ~ ~J!Bi;<~ ~;. '." ~: Il";l~l..~I.;J;1,~.!;:', J:;]::c101 ~/.!: :1;~~' 5.~, I\Qwt-";,, ~~i:.\L- 1!;(~~')~ -,\ Jl.~ ~ 4:'l ;,~ ~~ 1;.\.3 ;",cf,., W ;' ""7 0; . ~,j:~ ~::~t~/' i!iiJ(1S_ .''/If (t, 'Y:) r,~1 ~'~;[Jt).~~~'l ".It ~~ "!1"" " ~7jj ~"l ~; ,--,' ,<~ ,-i:: ,j 1 ! I 1 rJ3 ., SJn;:r '~ . ,~'i;' -lI r0- m c- en <::l <::l <::l <::l <::l e;- m c- c- <::l ro- ~'::t. lJ1 V 0 .. .~ t:z is r .. 'f_ '2 Gl\ O<l: .. ::lI > >>C" 31 ~ U1 ~Gl\ c ala: c ffi' w >..... a. ::::0. ci> (lJ ._ ~ O~ " .0 S U1 '0 Ql '0: ~ Qla:: .. ..... :J: 0 r:: " .;: ... .~ !S ..... ::::l x '" ..... 0 \E m 0:. 0 a: ,,(~ ~, '" f" Way~qi!'Kt LOOK FOR US. WE'LL GET YOU THERE. December 15,2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort!!a!!e on your home is in default. and the lender intends to foreclose. Specific information about the natnre ofthe default is provided in the attaclJed pa!!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able t(l help to save vour h(lme. This notice explains how the pro!!ram works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when vou meet with the Counseling Agencv. The name. address and phone number of Consumer Credit Counseling Agencies servin!! vonr Countv are listed at the end of this Notice. If vou have anv Questions. vou may call the Pennsvlvania Housin!! Finance A!!encv toll free at 1-800-342-2397. (Persons with impaired hearin!! can call (7] 7) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you iind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCClON INNEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AG~NCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IITPOTECA. PO. Box 1711. HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrEE 1-866-WAYPOINT (1-866-929-7646) . www.waypointbank.com 'j!"'~~' 1'1 "'. r~~' HOMEOWNER'S NAME(S): _Lawrence L Kostelic, Sr._ PROPERTY ADDRESS: _20 Dee7'Lane, Carlisle, PA 17013_ MAILING ADDRESS: _20 Deer Lane, Carlisle, PA 17013 LOAN ACCT. NO.: _9800053990_ ORIGINAL LENDER: _ York Federal Savings & Loan Association_ CURRENT LENDERlSERVICER: Waypoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mOligage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. ,TillS MEETING MUST OCCUR WITHIN THE NEXT TIllRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRlNG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'. EXPLAINS HOW TO BRlNG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-,-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the calmly in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so. you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit ,f'--~~ '~'" - ~ I '"I' ~ ~~, counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within tbirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIDS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION---Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Permsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. " NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIDS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it up to date). NATURE OF TIlE DEFAULT-,The MORTGAGE debt held by the above lender on your property located at_20 Deer Lane, Carlisle, P A 1 70 13_IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ a partial payment of $717.78 for October, a payment of $718.89 for November, and a payment of$794.72 for the month December, 2000_ Other chgrges:_$122.88_ TOTAL AMOUNT PAST DUE:_$2,354.27_ BYOU HAVE FAlLED TO TAKE THE FOLLOWJNG ACTION: HOW TO CURE THE DEFAULT---You may cure the default within TIllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING mE THIRTY (30) DAY PERlOD. Pavrnents must be made either bv cash. cashier's check. certified check or money order made payable and sent to: Wavooint Bank 449 Eisenhower Boulevard Harrisburg. PA 17111 IF YOU DO NOT CURE THE DEFAULT---Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri!!hts to accelerate the mort!!a!!e debt. This means thgt the entire outstanding balance of this debt will be considered due irrunediately and you may lose r,~t)J~, ff T" the chance to pay the mongage in monthly installments. If full payment of the total amount past due is not made ",~tilin TIITRTY (30) DAYS, the lender also intends to inSTI11ct its attorneys tost8]'t legal action to foreclose upon vour mort!:a~ed DTOpert". IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged property will be sold by the Sheriff to payoff the mortgage debt If the lender refers your case to its attorneys, but ypu cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually lllCUlTed, up to $50.00. However, iflegal proceedings are staJied against yet\. you will have to pay all reasonable attomey's fees actually inculTed by the lender even if they exceed $50.00. AIry attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von cnre the default within the TIDRTY (30) DAY Deriod. "on will not be reQnired to Dav anome,,'s fees. OTHER LENDER REMEDIES,--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mOligage. RIGHT TO CURE THE DEFAULT PRlOR TO SBERIFF'S SALE-,]fyou have not cured the default within the TIIlRTY (30) DAY period and foreclosure proceedings have begun, vou stilJ have th.e ri~bt to cure the default and prevent tile sale at <IT1'\' time 1.11) to one hour before the Sheriffs sale. You mav do so bv uaving the total amount then past due, plus anv late or other char~es then due. reasonable attomev's fees and costs cOlTI1ected with the foreclosure sale and anv other costs cOlTI1ected with the Sheriffs Sale as specified in writing bv the lender and 11v ~1erfomi.ing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIDLE SHERIFF'S SALE DATE--It is estimated that the earliest date tilat such a Sheriffs Sale of the mortgaged property could be held would be approximately four months from the date of this Notice. A notice of the actual date of the Sheriff s Sale wiJ] be sent to you before the sale. Of course, the amount needed to cure tile default wi]] increase the longer you wait You may find out at any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: W avPolllt Banlc 449 Eisenl10werBoulevard. Hb~.. FA ]7]] 1 (71 71909-?786 or 1-800-554-4572 ex!. 2786 (7171 909,2780 Scott DmTI11ire EFFECT OF SBERIFF'S SALE--You should realize that a Sheriffs Sale wilJ end your ownership of the mortgaged property and your nght to occupy it If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMI'TION OF MORTGAGE---1'ou _mayor -X-may not (CHECK ONE) sell or transfer your home to a bllyer or rransferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney" s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. . YOLT 1\1A Y ALSO HA VE THE RlGHT: Ii'" 00 . TO SELL THE PROPERT):' TO OBT,AJN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY A.NY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT Riill OCCURRED, IF YOU CURE THE DEFAULT (HOWEVER, YOU DO NOT HAVE nns RlGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIlVlES IN AA'Y CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY nIE LENDER. . TO SEEK PROTECTION UNDER TIIE FEDERAL BANKRUPTCY LAW. Respectihlly, .",.-- ~i ['\ n .~ L~U'y,--)jWY1\~J' Scott Dunmire Y-- Collections Counselor ~~~ .,. " ~""clQ -l,~ _ ~=,_ . If funds are received and negotiated in Jess than the total amount due including legal fees and costs. Waypoint Bank reserves the right to return the funds to you and continue with legal proceedings pending receipt of the total amount due. ~, I V, Way Rqirlt LOOK FOR US. WE'LL GET YOU THERE. December] 5, 2000 The subscriber below of the U. S Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, P A, does hereby certify that an envelope was mailed with postage repaid by First Class Mail from the Waypoint Bank, addressed Lawrence 1. Kastelic, Sr., 20 Deer Lane, Carlisle, P A ] 7013 properly deposited in the U S. Mail for delivery this 15th day of December, 2000. .-s~>"',' U S. Post Office i By: Harrisburg, PA P.O. Box 1711. HARRISBURG, PENNSYlVANIA 17105-1711 Toll Free 1-866-WAYPOINT (1-866-929-7646) . www.waypointbank.com ]~~~~,~ ' ~,,~ I ' ~ ," ~ , . '1..,_ 1. i ~"~.i!";"'=~~"" Cl'll ~ Ii ,Jlrinl"!n~:Jl ~t:. ~- j"~i'-I ' i j I ~ I" c,' ~ ,1 ~ ,;";;~ , 1 'I:i!!;;; tJ~1 ! ; I"';;;:' , i ;!~(~"" t~ il!li;;;: .. . ,0".,1,.,,-:, '--'y , :ND!~ Uf- 1 t~~~;,~~iA~~ :~,:'.i ~ '..~,-';;~,'~~i , "jf "'~,~.J..\,'{j (U'-' j j;~j~ .~~.f2 ':(~ g II j {,;) :;,-. .;;d ll~ c ~'J.i l.t,"d-. ;:g; "t>-1, ..,l ;")0...."':::!._,,a"".)' ~ S\:j~ :", .:.:~ \.] l ~1 ~]~1.'dUS3'tlg ,.:'-J, : 0'1 ,1,1 :.i', ':,~ ., ",It- ,. '~1)I.\l .......... "1 .0c r'\ ,,- .~'~'i;; If ,: Ii !f if ff 14 fI- ~~ , /,,~f' Jf ~ ~11. , "~:;.,,,';r>:Yt , ~- '- :!l. .~ ". :', ~'"" ~ ".. .~': '" :f U1 I =r ! tT1 0- 0-'1 U1 0-'1 0-'1 tT1 t:J t:J t:J ':1:1 t:J t:J =r tT1 0- 0- t:J t'- il.!<" .~.... \ ,. -- \ ..a...I~ 1Il 0 1-5, !S ~\ ro 0<( '2 ro > ~ 1 ~ 3> / ::l Ul 0- c :>.QP~ c ::n w (Dc: a. ~ dI >... ~ =0- ~ CJ).- .0 Ul 0 Ql "C U ~ "01: ro :l: (])...,.' ..,." ",r !t !S o s= .- x - 0 ... '" If) ci a. 10i1m",,~ A . , , 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 Coordinator 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. 94904 relating to unsworn falsification to authorities. WAYPOINT BANK Dated: ~ \\5 b \ ~t~. Stacy Armstromg . Default Coordinator By: ~ ~ ,. . I T" r - , ,', , . i.~ !; I' I" ~ ~ f;!!:[] t~ ~ ~ ~~~,~. ~" . If) N,:~;\ :1.), S N Fi 3d .::~ i~" J ! U "::{ ;) Wi HV Lt; 11 1Z lIVH ,uHn(;~ ;.-1; ;";"'8rl'IO ,Urlli/IIS 3Hl ;lO'3~lj.:lO ,~", "I!II""~~~ "",,~,,1;. ~",1~,_ "._,..,. ','~ ' ~'~",'~~',"'" ~~ ~" ."'~~~ ~"'_"",..,..m' .. llillliJl . ,fJ\ \ \,,~~. ". .~ , ::...-:l (""",=, '~ ,- ~ ,""of" ~~~_..iflli'Ij!I,~",,~~N''''''''JJ'i'l!''''>:lW-l'';'')?'~''''''';;;)J>''''',1\W~w.,m!,l@'ll~~~~ii'i-t~I'~!iijJljliW!!l.il'\1lmAA1~,~, ,'I""',..,..~~: '. " " .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. oJ- Jt,..U. C-,-,J 'T.,'t"V'- MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants 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 Telephone: (717) 249-3166 TRUE COpy FROM RECORD III Tm;limlloy wl1eroof, I here unto set my hand and irl6 seal 01 said Coort at Carlisle. Pa. Ihi~ :l1"?J~a.: ll~~~~j,: , :;;k , - , Prothonotary ~~'<~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 USTED NO TIEIIIE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 , 1,1i;'"".m<_WllIIT ~ _<__...... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. D/- J(".2&, rh~ ..,-~ MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants COMPLAINT AND NOW, comes Plaintiff Waypoint Bank, f/kla York Federal Savings and Loan Association and Harris Savings Bank ("Waypoint"), by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr., 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 449 Eisenhower Boulevard, Harrisburg, Pennsylvania 17111. 2. One of the Defendants is Matthew J. Kostelac who is an adult individual residing in the Mortgaged Premises at 20 Deer Lane, Carlisle, Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises, having acquired title by Deed dated May 8,2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. 3. One of the Defendants is Lawrence L. Kostelac, Sr. who is an adult individual residing in the Mortgaged Premises at 20 Deer Larie, Carlisle, Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises having acquired title by Deed dated May 8, 2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. /0~. \"~ < -, , , , Mortgage 4. On or about October 19, 1993, Defendants made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on October 27, 1993 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1173, Page 432. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 5. There have been no assignments of said Mortgage. Default 6. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from September 1, 2000 through the date of filing this Complaint as required by the terms of the Mortgage. Any payments that may have been made during this period were applied to the delinquency balance due and owing prior to September 1, 2000. 7. 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. 8. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance . . . . . . . . . . . . . . . . Interest from 9/1/00 to 2/16/01 (inclusive) at $8.2301 per diem. . . . . . " .. Late Charges from 9/1/00 to 2/16/01 (inclusive) at $31.28 per month. . . . . . . . . . . . EscrowDeficit ........................ Homeowner's Insurance (due 7/21/01) .. . . . . Taxes (due 4/30/01) . . . . . . . . . . . . . . . . . . . . Taxes (due 8/1101) . . . . . . . . . . . . . . . . . . . . . Attorney's Commission 5% ............. TOTAL AMOUNT DUE $47,189.42 $ 1,405.81 $ 185.44 $ 435.64 $ 910.00 $ 232.99 $ 820.14 $ 2,359.47 $53,538.91 Compliance with Homeowners' Emergency Assistance Act 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: - - ~, ':"""l""l . , -, -I .n, ,_', (i) Defendants have failed to meet with the Plainitff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit B; or (Ii) Defendants' application for assistance has been rejected by the Pennsylvania Housing Finance Agency. Inapplicability of Loan Interest and Protection Law 10. . This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No.6 (41 P.S. S 101 et seq.), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. WHEREFORE, Plaintiff Waypoint Bank prays for judgment in its favor and against Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr. in the amount of Fifty Three Thousand Five Hundred Thirty Eight and 91/100 Dollars ($53,538.91), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $8.2301 per diem, from 2/17/01, late charges at 5% of the monthly payment amount, currently $31.28 per month from 2/17/01 escrow charges, currently $169.15 per month from 2/17/01, attomey's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. By Be"~' -irtrf- Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 ~.J'-' " ->. -" ~; 1--1 c.; (/ /""\ ,- J ----" ! \ / -./ <..,) I, __' ~-,::C'=: i.. _' _.', ,_.;- i.., :Cl.!J :..;....; ~,{ ~ ~ i:. _.'-.", ,~_r':!~TV_~!-, \J,- '_, Ii I I r t-\ '93 OCT 27 Prl 1 26 [Space Above This Line For Recording Data] MORTGAGE TBIS MORTGAGE ("Security Instrument") is given on OCTOBER 19TH, 1993 Themortgagoris MATTHEW J KOSTELAC and LAWRENCE L KOSTELAC SR , AS JOINT TENANTS ("Borrower"). This Security Instrument is given to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION which is organized and existing under the laws of THE UNITED STATES OF AMERICA 101 $. GEORGE STREET, YORK, PA 17401 , and whose address is ("Lender"). Borrower owes Lender the principal sum of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY AND NO/I00********************************* Dollars (U.S. $ 71250.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2008 . 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 thili Security Instrument; and (c) the performance of Borrower's covenallts and agreements under this Security Instrument and the Note. For this pmpose, Borrower does hereby mortgage, grant alld convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: (SEE ATTACHED LEGAL) which has the address of 20 DEER LANE !Street] CARLISLE ICilY] Pennsylvania 17013 [Zip Code] ("Property Address"); ACCOUNT #: 100053990 PENNSYLVANIA h Single Family -~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 195011 (9211) Form 3039 9/90 (page 1 of6 pages) Greal Lakes Business Forms, Inc. . To Order Call: 1-800-530-9393 o FAX 616-791-1131 I\nn~ 1173 FACE 432 ,J_. v. ~ , ., -I T , ~ 1 ACCOUNT #; 100053990 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fiytures 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 Secmity 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. TIllS SECURITY INS1RUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secmity 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 deht 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 Secmity Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (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 federalIy 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 institutiou) 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 hy Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is mllde 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 secmity 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 Secmity 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 secmity Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by _ Lender under P'l'"agraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth. to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Secmity 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. Horrower 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 Secmity 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 lieu to this Secmity Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Secmity 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 uotice. 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 whlch Lender reqUITes msurance. ThlS msurance shall be maintained in the amounts and ITEM 1950L2 (9211) Form3039 9/90 (page2of6pages) GrH3t Lakes Business Forms, Inc. . To Order Call: 1-800-530-9393 0 FAX 616-791-1131 '~'"""",",,~-," " ' "" 'I'''; BOOK 11 '73 f'AGE 43.3 .-. [" ~~ ACCOUNT #: 100053990 for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lei1der' 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 Lei1der. 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 3D-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 I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to 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 Inslrument 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 comro!. Borrower shall not deslruy, 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 Lei1der's good faith judgment could result in forfeiture of the Property or otherwise material1y impair the lien created by this Security Instrument or Lender security interest Borrower may cure such a default and reinstate, as provided in paragraph ]8, 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 material1y 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 Inslrument 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 Leuder agrees to the merger in writing. 7. Protection of Leuder'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 Instrumeut, 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, fTom an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay lO 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 msurance coverage (m the amount ~d for the penod that Lender requires) provided by an insurer approved by Lender agalO 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: Lend~r or its age~t may lTUIke reasonable entries upon and inspections of the Property. Lender shall gIve Borrower notIce at the Ume of or pnor to an mspecUon 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 (9211) Form 3039 9/90 (page 3 of 6 pages) Great Lakes Busrness Forms, Inc. . To DraerCall: 1-800-530-9393 o FAX 616-791-1131 '>if,-~ )'., " -'--, I' BOOK 11 '(3 PAGE 434- 1"1 >" ACCOUNT #: 100053990 any condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnation, are hereby assigne.d and shall be paid to Lender. . . ' 10 the event of a total taking of the Property, the proceeds shall be applied to the sums secured by thIS Secunty InstrUlllent, 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 (Ii) 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 Jaw otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are tlJen 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. tinless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument 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; (Ii) 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 fmally 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 (Ii) 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 Inslrument. 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 I~strument.. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedieS permItted by thIS SecllTlty 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) Form 3039 9/90 (page 4 of 6 pages) Great lakes BusIness Forms, In~. . bOOK 11,-::> PAGE 435 10 Order Call: HlOO-53D-1l393 o FAX 1i16-79Hl:li N'm~"'!fl'~ . '.' 11 ~C?_,," n""'o , . '-. ACCOUNT #: 100053990 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 Insuument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Inslrument shall continue unchanged. Upon reinstatement by Borrower, this Security Inslrument 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 Inslrument. 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 Substauces. 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 authurity, 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. AIl used in this paragraph 20, "Hazardous Substances" are those snbstances 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 applicahle law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure tbe 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 tbe foreclosure proceeding the non-existence of a default or any otber 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 tbis Security Instrument without further demand and may foreclose this Security Instrument hy judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing tbe remedies provided in tbis paragrapb 21, including, hut not limited to, attorneys' fees and costs of title evidence to tbe extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Inslrument, this Security Inslrument 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. P\Jlrchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Securily Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a jndgment 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) BOOK 11 73 PAGE 438 Form 3039 9/90 (page 5 of 6 pages) Great Lakes Business Forms, Inc. . To Order Call: '-800-530.9393 0 FAX 616-791-1131 ~:~-""'" ~"'l""""!'''''''''''''1 ~- . ~ """ 27. Riders to this Security Iustrument. 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)] 0 Adjustable Rate Rider D Condominium Rider D I -4 Family Rider 0 Graduated Payment Rider D Planned Unit Development Rider D- Biweekly pay~ent Rider 0 Balloon Rider D Rate Improvement Rider D 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 llhrough 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with iL , / Wifness.<;>es.. './ . '-----""""' ~.../ :/~1dPL- A. ~7V/ 4t~~~ MATTHEW J~OSTELAC -::1 ---../ -A.....:."" / ," (SeaI)~b~~<""A '--Y? /~?:;:k," J.,. , -BmTowe, LAWRENCE L KOSTELAC SR (Seal) -Borrower (Seal) ~BOITower (Seal) -Borrower COJv1MONWEALTI:! OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 19TH dayof OCTOBER, 1993 , before me, the undersigned officer, personally appeared MATTHEW J KOSTELAC and LAWRENCE L KOSTELAC SR proven) to be the persons whose name s are that they executed the same for the purpose herein contained. known to me (or satisfactorily subscribed to the within instrument and acknowledged My Commission eE.'ires: , NOTARIAL SEAL j ~IlLDRED M. TETER, N'to~)' PUll] 1c Barn sbu:~g. D~iUN,'i n Count" PA : ~~y Commission E){pires Auaust .Jio .1otit'l --....._ - -...., _'1J!,.~ s~<}l:.i~>s/:". ':7)fl:l~L_~L(1)0')" "T Jit;.o",:e< _~~ " ~~:'<'~~:-~i,;~~:,.~.3;:;:::'~' -Titlb'bf'0'ffLcer m WITNESS WHEREOF, I hereunto set my hand and official seal. CERTIFICATE OF RESIDENCE I, , do hereby certify that the correct address of the within named lender is 17401 j,,.-"'r/-J, YJ I Witness my hand this ;7-'=---dayof L. ci- ' . / 101 S. GEORGE STREET, YORK, PA /993 ~ 'Iv't? 4- 1/,: L..;/ /' , r .-\ . JU1J1KJJ.73 I.-;j//~~(../;?" . ./ PACE 437. '/; -" . / r/ vC-L, / ACCOUNT #: 10JD53990 Form 3039 9/90 (page 6 of6 pages) Great Lakes Business Forms. ln~. E To DrlierGall: 1-800-5"30-9393 DFtv...1j16.79H131 /< Agent of Lender ITEM 1950L6 [92-11) Pretia reo c:~: ~,~ >' , ./' . ,.,/:~;,..~ __1_'"" - ....:...- .. ALL lHOSE 'lWO CERTAIN tracts or ground situate in Silver Spring Township, Cumberland County, Pennsylvania, mare particularly bOUflded and described as follows, to Wlt~ TRACT NO~ l~ 8EGINNING at d post, corner of lands now 01' formerly of John ~~utz, now or forffierlv of the Heirs of Gordon Leonard, deceased; thence Nort~l 83 degrees East, 11 perches to a post; thence by land now or former Iv of Jacob Sharlk, South 39 degrees East, 32 perches; thence South 21 and 1/2 degrees East, 23 perches; thence SO~Jth 67 degrees West, 19 perches; thence North 23 degrees West, ~I perctles to the place of BEGINNING. CONTAINING 5 acres and 123 percnes, Dlore or less. HAVING T~IEREON ERECTED a two story franle dwelling house and ba~rl' TRACT NO~ c..~ BEGINNING at a point on the souttlern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lar!e 25 the same is intersected by the southern line of said private lane; thence along the southern l,ins of said private lane, which lane exists on land now or formerly of Mary E+ McCahan, North 67 degrees East, 200 feet 'to a point on other land now or formerly of Nola Blain Faust Wolf, et Vlr~ therlce bv said latter land, South 23 degrees East, 400 feet to 2 pOlnt~ thence by other lands now or formerly of Mal'V E~ McC3han, South 67 degrees West, 200 feet to a point m~:~T'i,t;!i] C)\.-' -:;;: concr-Fi:t.f? ril0nUrilf.-:ntf thenCE' bv the .~:;aril€.:' NO"f'th :?:~; degrees West, 400 feet to 3 point marked oy a concrete ffionumer!t, the place of BEGINNINGo CONTAINING 80,000 SQiJare feet+ SAID pJ-emlSes are l:nder and subject to the use of a five foot wide strip o'P land along the western boundary of said premises as D~~t cf _ iCl ~not. lrtility easement for the erltire depth of 400 : ,:,~ 1:;' I., ' T~le erltire 10 foot utility easemerlt to be comprised by lJsing 5 fee't from each property abutting said boundary line, BEING the same pr-emises which John Jo Diaferio by Deed dated November 17 1987 and recorded in CUITlberlarld County, in Deed Book usn, VolUDie 33 page 226 carlveyed unto Lawrence L~ Kostelac, Sr- i::: ;--1 d r'i a .i:. thE' i,.j \,_1., !< n.~:_t,p.1 _::::f-'.-. ..... _ .. _M _ M_ ... Boodn3 PACE 4-38 ~~-~ -~ - ,. .1 , RIDER TO PARAGRAPH 18 I1We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, executed by me/us this 19TH day of OCTOBER, 1993, shall be effective in accord with the terms and conditions thereot and shall be deemed to be a condition of the MortgagelDeed of Trust. The term "reasonable attorney's fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5%) of the principal due at the time offorec1osure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. ~7~ MATTHEW ):'KOSTELAC (SEAL) .c4,. /0"__._-".". ;..,7 -//2' .........-,....- .--'--v, :::::tz //((1..-;/ A..//t~ -I' '.~ (SEAL) (SEAL) (SEAL) ''',''''''I''''''ll-~ } "". .", '~. 55 _, ~-,,:;~-~-:)<<-~le: no " Il"", dfice for tho recording of DeliK!s .', L . ..........j.:j'rl1'~~nd CoooW~1',L.., ~. ---'1.-. ",,'-"". r h..., . \h)\:_p~age~, 9 --.-/ ,., h'_~~1 01. ::; ,'" .,' il_~'~';~~' ~:~.~_.j It \ ~ ~:- ~ ~ 1 ('\> . '" . j - t "~~"::. ",<}~~~,,:~,::r .?/-."'~ <;~_"'''~.~{2~ ;,.e Bood173 PACE !139 -.->-:.-'.;-' ~f~~~ -, 1-) , ,." NOTE OCTOBER 19 .19 93 HARRISBURG (CiIY] PENNSYLVANIA [Slatel 20 DEER LANE, CARLISLE, PENNSYLVANIA 17013 IPropenyAddress] 1. BORROWER'S PROMISE TO PAY , ' In return for a loan that I have received, I promise to pay U.S.$ . 71250.00 (tlus amount IS called "principal"). plus inrerest, '0 the order of the Lender. The Lender is YORK FEDERAL SAVINGS AND LOAN ASSDCIATlON, 101 S. GEORGE STREET, YORK, PA 17401 , ' : lunderstmd that the Lender may lTansfer 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 " b .d I ill ' Interest will be charged on unpaid principal until the full amount of pnnclpal has een pm. w pay mterest at a yearly ",'eof 6.625 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1ST day of each month beginning on DECEMBER 1ST 1993 . I will make these payments every month llntil 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 NOVEMBER 1 20.08 , 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 PENNSYLVANIA 17401 (8) Amount of Monthly Payments My monthly payment will be in the amount ofU.S.$ 4. BORROWER'S RIGHT TO PREPAY I have the right tD make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment" 'When I make a prepayment, I will tell the Note Holder in writing that I am doing SQ. 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 date or in. the amount of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fmally interpreted so that the interest or other loan charges collected or [0 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 pennitted limit:; and eii) any sums already collected from me which exceeded pennitted 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 6. BORROWER'S FAILURE TO PAY AS REQUIRED, (A) Late charge for Overdue Payments If the Note Holder has no[received the full amount of any monthly payment by the end of FIFTEEN (15) calendar days after the date his due. I will pay a late charge to the Note Holder. The amount of the ,charge will be 5.000 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment YORK FEDERAL SAVINGS AND lOAN ASSOC, 101 SOUTH GEORGE STREET, YORK, or at a different place if required by the Note Holder. 625.57 (B) Default If I do DOL 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 dQ not pay the overdue amount by a certain date, lhe Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the mterest that I owe on that amount That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses . _ If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a differem method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by rlIst class mail to me a[!he Property Address above or at a different address if 1 give the Note Holde.r a notice of my different address. Any notice that must be given to the Note Holder under this Nate will be given by mailing it by flIst class mail to the Note Holder at the address staled in Seclion 3(A) above or at a differenl address if I am given a notice of that different address. /J1. ! y/ "By iniuahng, lhe BOITower(s) acknowledgc(s) that thiS page IS page 1 of 2 tliLi.als mili.al; of the l\1uluslate Fl.Xed Rate Note." ACCOUNT NO: 10005399 ~'~~6!mT ~~E ~!~~~ 2RATE NOTE ~ Sinllle Family. FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12Ia~, r J g G'eIILI'e5Bu.&lnUliFurms.Jn~. . USA HOO.2S3'OMgOMI 1'800.~S8.26~30FI\X IB1B)-791-113, '-'.~~.~ " ~ , ~ ^n~ - "~_.~ 8. OBLIGATIONS OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each person is fully arid personally obligated to keep all of the promises made in this Note, including the promise to pay Ihe full amount owed. Any person'who is a guarantor, surety or endorser of this Note is also obligated to do these things. ArIy person who takes over these obligations, including the obligations of a guarantor, snrety 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 [0 pay all of the amounts owed under this Note. 9. WAIVERS I and any olher person who has obligations under this Note waive the rights of presenunentand notice of dishonor. "Presenunent" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a unifonn inslrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mongage, Deed of Trust or Security Deed (the" Security Instrument"), dated the same date as this Note, proteCts the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That SecuriEy Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of tbe Property or a Beneficial Interest in Borrower. If all or any part of the Properly 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 Securily Inslrument. 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 !hiE period, Lender may invoke any remedies pemrltted by this Security InslI1JJllent without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~ ~i; ~/~ .~.,' dd('ha / "TI"'" "",," (Seal) _Borrower (Seal) .Borrowel (Seal) .aOl/ower (Seal) .Borrowel [Sign Original Only] ( /J! J t. IniLiab Initials ~orm lB46L2 IDD12l Palla 2 DI2 "By initialing, the Borrower(s) acknowledge(s) that this page is page 2 of 2 of the MuhisLate Fixed Rate Note." -- J' '( h '.; Ii) Gr..lLak..Dusln..sForrnl,lnc_. USA 1.000-25J.02000MI1-80D-J5D-2643DFAX (615)-791-1131 r 'iJ\ml' ,-~ ~/!Illlk., __"~, VI Waynoint IE3ANK LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information abont the nature of the default is proyided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if REMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with vou when YOU meet with the Counseling Al!encv. The name, address and phone number of Consumer Credit Counselinl! Al!encies servin!! your County are listed at the end of this Notice. If you haye any Questions. YOU may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you haye any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IDPOTECA. P.O. Bo)( 171!. HARRISBURG, PENNSYLVANIA 17105-1711 Toll FrEE I-B66-WAYPOINT (1-866-929-7646) , www.waypointbank.com ''\''~' ~ -" - - -"" -~ 1 ~-" HOMEOWNER'S NAME(S): _Matthew J. Kostelic_ PROPERTY ADDRESS: 20DeerLalle, Car/zsle.PA 17013_ MAILING ADDRESS: _20 Deer Lane, Carlisle, PA 17013_ LOAN ACCT. NO.: _9800053990_ ORIGINAL LENDER: _ York Federal Savings & Loan Association_ CURRENT LENDERJSERVICER: Wavnoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE P Al'MENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUffiEMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date oftl1is Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TIDS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YQUR MORTGAGE DEF AULT"_ EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit c01.ll1seling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the countv in which the nropertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentlOns. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infom1ation about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance :Program. To do so, you must fill out, si~'1l and file a completed Homeowner's Emergency Assistance Program Application with one ofthe desi~'11ated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit '.~J!._ ~ '.", "~ r - I counseling agencies have applications for the program and they will assist you in submitting a complete application to the permsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIllS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. TIle Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Permsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIDS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If yon have filed bankruptcy you can still apply for Emergeucy Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT !Brin!!: it UP to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at_20 Deer Lane, Carlisle, PA 17013_IS SERlOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ a partial payment of$71 7.78 for October, a payment of $718.89 for November, and a payment of $794.72 for the month December, 2000_ Other charges:_$122.88_ TOTAL AMOUNT PAST DUE:_$2,354.27_ BYOU HAVE FAILED TO TAKE THE FOLLOWING ACTION:_ HOW TO CURE THE DEFAULT ---You may cure the default within THillTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURmG THE TIllRTY (30) DAY PERIOD, Pavments must be made either hv cash. cashier's check certified check or monev order made pavable and sent to: Wavooint Bank 449 Eisenhower Boulevard Harrishurg. PA 17111 IF YOU DO NOT CURE TIm DEFAULT---Ifyou do not cure the default within THJRTY (30) DAYS ofthe date of this Notice, the lender intends to exercise its ri!!:hts to accelerate the mort!!:a!!:e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose 'L~ .. -, - ~ , , ~ the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within TIlIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mort2'a2'ed propert". IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to payoff the mortgage debt If the lender refers your case to its attorneys, but you cure the delinquency before tl1e lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were acroally incuned, up to $50.00, However. ifJegal proceedings are started against you, you will have to pay all reasonable attomey's fees actua]ly incuued by the lender even if they exceed S50.00. Any attamey's fees will be added to the amount you owe the lendet, which may also include other reasonable costs. If vall cllre the defalllt within the TIDRTY (30) DAY period. vall will not be reqllired to pa" attornev's fees. OTHER LENDER REMEDIES--- The lender may also sue you personally for the unpaid principal balance and all other sums'dlle under the mortgage. RIGHT TO CUI'-.:E THE DEFAULT PillOR TO SHERIFF'S SALE--Ifyou have not cured the default w,thin the THIRTY (30) DAY peJiod and foreclosure proceedmgs have begun, vou still have the rif!ht to cure the default and preVeJ1t the sale at apv time up to one hour hefore the Sheriffs sale. 'lOll mav do so bv pavintt the total an10unt then past due, plus anv late or other charf!es then due. reasonable attornev's fees m1d costs connected with the foreclosure sale and anv other costs com1ected with the Sheriffs Sale as specified in W1itinf! bv the lender and bv llerfomrinf! mw other requirements under the m01if!age. Curing your default in the manner set f"orth in this notice will restore your mOligage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE---It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately i'our months i'rom tlte date oi'this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Nam~ ol'Lender: Address: Phone Number: Fax Number: Contact I'erson: W a,~)oint Bm1k 449 Eisenhower Boulevard. Hbe.. P A ] 71 ]] !7l7i 909-2786 or ]-800-554-457~ ext, 2786 (7] 7) 909-2780 Scott Dunnure EFFECT OF SHERIFF'S SALE---You should realize that a Sheriffs Sale will end your o"''Ilership afthe mortgaged property m1d your nght to occupy it If YOIl continue to live in 111e property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE---You _ma)' or X may not (CHECK ONE) sell or transfer vour home w a buyer Or transferee who will assume the m01igage debt, provided that all the outsra;ding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requlren1ents of the mortgage are salisfied. YOPMAY ALSOHAVETHEPJGHT: -i~~ ~-- h- . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW MONEY FROM ANOmER LENDING JNSTITUTION TO PAY OFF TIllS DEBT . TO HAVE TIllS DEFAULT CURED BY A.1\T'[ THIRD PARTY ACTJNG ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO TIlE S.I\ME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RlGHT TO CURE YOUR DEFAULT MORE THAN TIlREE TIMES D\! ANY CALENDAR YEAR) . TO ASSERT TIlE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDlNG OR ANY OTHER LAWSUIT JNSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTIIER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIIE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Respectfully, $~UVV'\'Y\lA..J Scott Dunmire Y- Collections Counselor :''I'-~1 If funds are received and negoriated in less than the total amount due including legal fees and costs. 'A-'aypoint Bank reserves the right to return the funds to you and continue with legal proceedings pending receipt of the total amount due, ,--:~~.,,.,..!i'Il!4l. 'O'__j_ , I~"~, ~~ Y'l Way... . noint rBANK LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 The subscriber below of the U. S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certijjl that an envelope was mailed with postage repaid by First Class Mail from the Waypoint Bank, addressed Matthew J Kastelic, 20 Deer Lane, Carlisle, P A 17013 properly deposited in the U. S. Mail for delivery this 15th day of December, 2000. u. S. Post Office By: Harrisburg, PA P.O. Box 1711. HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrEE 1-866-WAYPOINT (1-866-929-7646) . www.waypointbank.com :"'''''.,~-~~..' I" C-'" I .'. -1-" r. ~, 'j\~~" ", 1 I ""'~}~,.!I!l~f'l:""""".... '~;lC:l~' r~'~'-';4 1,:j;&(.2:5 ':'.~..d '1"1-"': 'III" ~--~ _f""*" i'l ....." 'w i 'I dt:"',.:l ',: !.\~~ tt) :!i),M;.J . tn ?I.~PIL..-.:.:.. _" i', ;~~m~i~:f.i\"'_ ;!:;) O:~O"; ~)'l-;'t;'~;;I;'~~ : ',.: . -~'"''''~''C: 0::1- ! ;,:hP'-~:" .,~ '"",,". ^r.:~;J I :'V;..\A.';) \, ; ;I '~.) ,,:,::> ." ~ '''2) ,-. .~ ;r,;;; ~ ~l j ,[i. : (~. ,U.} ~ -,>, ,..tJ, J ;;.::p.-'1.J~/,."" " ',,;, -' '''" ~"- !iiiJns l'Iff""b~ . '""<', I ,.1~'~ ~~ 't- ) I~ii ~ :~ -!i\;'" .~. :if~~' ~ I 'c:. .ft ",,' ....~:- '. ~.'-' '~W' lIt~ ~_-: r-: ., '~':, ....;;:~ J '~ t I i . . c ~ (J '(.: S,:; U (j ..J] ?"- fT! IT .-= U; r'> rl ", Cl Cl Cl Cl Cl ~ fT! IT IT Cl I"- .&.I~ U1 "Gl 0 liD C:Z E; - ro lll\ ~6~ "2 lD ro ::I > >C' 3> ~ 11\ ~al c mo: c :n w >- D.. ::=0. ~ t:i1 m ._ ~ OCD ::> .c U 11\ "C OJ ." ~ CDC: ro - ::!: Uc " .- ... -~ !S '::::1 x IS) ..... 0 \ ~ CD lD 0 '---../" a: -". r ,.. . - lit. Ii VI Waynoint tBANK LOOK FOR US, WE'LL GET YOU THERE. December 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information abont the nature ofthe default is provided in the attached pages. The :HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (BEMAP) mav be able to help to save vour home. This notice explains how the program works. To see if HEMAP can help, von must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITIDN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when yon meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving vour Countv are listed at the end of this Notice. If vou have anv Questions. vou may call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with impllired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, represeutatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DEMCHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEo\VNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL I'UEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. P.O. Box 1711. HARRISBURG, PENNSYLVANIA 17105-1711 Toll FrEE 1-866-WAYPOINT (1-866-929-7646) , www.waypointbank.com ''''~..~ I -I ~ ' "' . HOMEOWNER'S NAME(S): _Lawrence L Kostelic, Sr._ PROPERTY ADDRESS: 20DeerLane, Carllsle, PA 17013_ MAILING ADDRESS: _20 Deer Lane, Carlisle, P A 17013 LOAN ACCT. NO.: _9800053990_ ORIGINAL LENDER: _ York Federal Savings & Loan Association_ CURRENT LENDERfSERVICER: Wavpoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOll MAKE FlJTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . 1F YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . 1F YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGmn.JTY REQUIREMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must an'ange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TillS MEETING MUST OCCUR WITIDN THE NEXT HURTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRlNG YOUR MORTGAGE UP TO DATE THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT talee action against you for thirty (30) days after the date of this meeting TIle names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end ofthis Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE---Your mOligage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit "~~"'"1m ',~,~'r' -;-_-& , r-i--I'-. ~ counseling agencies have applications for the program and they will assist you in submitting a complete application to the Permsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FIT..E YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOTFOLLOW THE OTHER TIME PERIODS SET FORTH IN TIDS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION---Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. The Permsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pem1sylvania Housing Finance Agency of its decision on your application. ' NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIDS NOTICE IS FOR INFORMATION PURl'OSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergeucy Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it Ull to date). NATURE OF TH'E DEFAULT--The MORTGAGE debt held by the above lender on your property located at:_ 20 Deer Lane, Carlisle, PAl 7013 JS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ a partial payment of $717.78 for October, a payment of $718.89 for November, and a payment of $794.72 for the month December, 2000_ Other charges:_$122.88_ TOTAL AMOUNT PAST DUE:_$2,354.27_ B.YOU l-IA VE FAll-ED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, "WHICH IS $2.354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURmG THE THIRTY (30) DAY PERlOn Pavments must be made either bv cash. cashier's check. certified check or monev order made payable and sent to: Waypoint Bank 449 Eisenhower Boulevard Harrisburg. PA 1711] IF YOU DO NOT CURE THE DEFAULT---Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due irmnediately and you may lose V'!If~~'TI->'V C,-.' ,"" 1-'1 .... the chance to pay the mongage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to insrruct its atlOmeys to start legal action to foreclose upon vour rnort!!a!!ed Droperty. IF THE MORTGAGE IS FORECLOSED lJPON---The mortgaged propeny will be sold by the Sheriff to payoff the mOligage debt If the lender refers your case to irs attorneys, but you cure the delinquency before tlie lender begins legal proceedings against you, you will still be reqUlred to pay the reasonable attorney's fees that were actually inculTed, up to $50,00. However. jfJegal proceedings are staJied against you, you will have to pay all reasonable attomey' s fees actually incuned by the lender even if they exceed $50,00, .Any attomey's fees will be added to the amount you owe the lender, wbich mal' also include otber reasonable costs, If vou cure the default within the TIDRTY (30) DAY period. vou will not be reauired to pa" attorney's fees. OTHER LENDER REMEDIES--The lender may also sue YOl\ personally for the unpaid principal balaJ1ce and alJ other sums due under the mOligage, RIGHT TO CURE THE DEFAULT PRJOR TO SHERIFF'S SALE--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at any time Ul) to one h0\.1r before the Sheriffs sale- You mav do so bv pavinS! the total amount then past due. plus anv late or other charl!es then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writinl! bv tl,e lender aJ1d bv perfomung anv other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE---It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four months trom the date of this Notice. A notice of the actual date of the Shetiff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required pa)~nent OT action wi1l be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact 1'o.I'80n: W aV1.10int Bank 449 Eisenhower Boulevard. Hb~.. FA ] 71 11 (7] 71909-2786 or 1-800-554-4572 ext 2786 (7171909-2780 Scott Dumnire EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged propeny and your nght to occupy it. If you continue to live in tlie property after the Sheriff s Sale. a lawsuit to remove you and your fumislungs and other belongings could be staried by the lender at any nme. ASS,JMI'TJON OF MORTGAGE---You _mayor -Xmay not (CHECK ONE) sell or transfer vour home to a bl1yer or rrnnsferee who will assume the mortgage debt, provided that all the outstar:ding payments, charges and attomey's tees and COStS are paid prior to or at the sale and that the other requirell1ents of the mortgage are satis:6ed. YOP lVLA. \' ALSO HA VE THE RJGHT: "c!F!lIlUll.-"", , ,., ~ , " l' - -- . TO SELL THE PROPERTY TO OBT.I>JN MONEY TO P A'l OFF THE MORTGAGE DEBT OR TO BOROW MONEY FROM A.NOTHER LENDll'lG ll'lSTIT1JTION TO PAY OFF THIS DEBT. . TO lil>.VB THIS DEFAULT CORED BY .I>.NY THIRD PARTY ACTll'lG ON YOUR BEHALF . TO HA VB THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT H/ill OCCURRED, IF YOU CURE THE DEFAULT (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE Y01JR DEFAULT MORE THAN THREE TIMES ll'l AA"{ CALENDAR '/E.AK) . TO ASSERT THE NONS'USTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELffiVE YOU MAY :F-IAVE TO SUCH ACTION BY THE LENDER, . TO SEEK. PROTECTION UNDER TIIE FEDERAL BA.NKRUPTCY LAW, Respectfully, ~ ---......Jl,(\ 0 .~ ~U.)!I...,VVVYY\LA-..)' Scott Dunmire ~ Collections Counselor ",~p ,T<;, L' _~u'ee "~, _ , ".\"l ,.' - ".,.~ ""OIIIII! . lffunds are received and negotiated in less than the tOtal amount due including legal fees and costs. \Vaypoint Bank reserves the right to return the funds to vou and continue with legal proceedings pending receipt of the total amount due, . , ,",;--~" ^'~ , ,r ~-") 'f ,. .. - AiP'-. . VI Way~qi!1Kt LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 The subscriber below of the U. S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, P A, does hereby certifY that an envelope was mailed with postage repaid by First Class Mail from the Waypoint Bank, addressed Lawrence 1. Kastelic, Sr., 20 Deer Lane, Carlisle. P A 17013 properly deposited in the U S. Mail for delivery this 15th day of December, 2000. .-~ r.: "i r~"'~ " U S. Post Office By: Harrisburg, P A P.O. Box 1711. HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrEE 1-866-WAYPOINT (1-866-929-7646) . www.waypointbank.com -';-?@~~~ . = ,", r-- #fR ,r I'! ~1 ": - ... . , . \ , ~~~;~~~~~. ", j' '11 ' :m..1,.:"-...J ';'j .:il!l~;; .\,,(~ ;iI~~~ Hpj~; ,,~ l,i~~1 ~j ~, ! (. l,'~WUJl:'\tt?~ ~ ~"" ;-it~i;J;~~i~ : ["I",'" 'S \\ ~ 0 ,;;(:\ l\~-, ".~~ .il ,,,,,!>-,, " ~!" '_"~-..,,.,.....- ~~ f."" '.~~,.~, l ~]F ;~;r:. ~; '.' " ;., <,t ~. II ^.-,." "K"\, r\ --; - .~~?;; ,~I !t ~i i ':') i/ .~..-:~.,_ , ,,,iI'_ .''''~~ " ::'C,~i~;; .~,S~:iH ']~LdQS3o:j Lr1 t ;;r [T1 IT" .-'I Lr1 .-'I .-'I [T1 CJ CJ CJ CJ CJ ;;r [T1 IT" IT" CJ f'- ';1:1 .~" ..&.I~ Ul l\ 0 ""r=Z 5 ro 0< '2 ro > e ~ 'So )' ::l ~ cr c :>0 QF._ c ::n w Q)~ a. ~ til .~ oC-' ~ -0. ~ 0).- .a ~ o III 'C 0. ~ \ ~'l:: ro :r: \ ....... _." :: 5 .~ t::' x - 0 - CD "~Jll ci a: a;~ , r'-' 1:,- ~. .- ."'d " I,IIl'" iU'!' .. . 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 Coordinator 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. 94904 relating to unsworn falsification to authorities. WAYPOINT BANK Dated: ~)\5 b \ By: ~l~. Stacy Armstr.omg' Default Coordinator :;;''.l ?, ~- -,'. ",~- ?"-- r.] .. t , -.? ;flWi;';:')';'~:;>l l~ . .;~ .-...J /'1_-''1 -._''''-P "'f"" .'~"'.fJ ~ ''M '_~'~'~ .![,~. \;I/N'9'A 1,(SNN3d :~ ~i ~' ,1 ~: " " \-:,' :~l 10. HV Lh 9 f Z lJUJI ,U,,,,,,," ;;";!;(3:Jrlil~ &.:I11I311$:~fll j03imjjO ~r ~~~ -'.I!\,t4_i.~~II!m_,_ . ,-~.""""_. ~,"'"'".- . -'''-''''''-'''ll '. " . i[t.t"i '"",.....,. P:;:;,;: I'''''~~ (~~.!~ ;'", I~. ,~ " .' w~"''''''"''''!f-!i,~w-,%lj'.'''!!~1~~1I~,~'W~~~;~,(.j~R'iffi~,,"_~~~~~~~~~~~~_~~~:: ~11@I{l'W\,:r-1W.~W ., _ fiIlI!~~:mNlh -- f ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff NO.01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149 To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Penna.; (2) against Matthew J, Kostelac and Lawrence L. Kostelac, Sr. Defendants. (3) and index this writ against Matthew J. Kostelac and Lawrence L. Kostelac, Sr., Defendants ~. as a lis pendens against the real property of the Defendant as follows: ALL that certain tract of land, with the improvements thereon erected, situate in Silver Spring Township, Cumberland County, as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $56,227.22 Plus Costs ~with interest from 12/6/01 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $8.684 per diem, from 12/6/01, late charges from 12/6/01 at 5% of the monthly payment amount, currently $3128 per month, escrow, currently $224.85 per month from 12/6/01, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate. Dated: &!Jt./t. I . Benjamin F. iggs, Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72030 C~__--'"""~_'JI"lW'1 "" ~ '" ~ "- . - ~~ ". r" . ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract NO.1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and % degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. . CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract NO.2: BEGINNING at a point on the southern side of anexisting 16'foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer ~ane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on otherland noworformerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East,. 400 feetto a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet toa pointmarked by a concrete monument, the place of BEGINNING. ' CONTAINING 80,000 square:feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office ofthe Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. I 'I _roo' '" " . ." "<,'~_._< .. <'c","",,'."'" "",'< """"'"'~'ifif"""'""'fij'[a' llJ'!I~''11''']IiI'~ijfjlilTlrH''FTrrj'r . . ...... ;;b(:) ../q"1q, ~ ;tJ~~~~~~~ . ...... r~ 1 ~ g ~&g~8tBB8 .:::: ~ t~ / j I / I ' :u ~ !:J ~rp: ... . ~ ~ ~ " ... '" ::- ~ ;~~ " " ~ ... " ~ '" ... ~ ~\ ~J} ?VI t - -eJ ;h ~! r I ~- ~ -J r' ~ &, ~, t ' r- ~ b f~ ~~- ~ t C) r..... cFf c~~< ,4?~~ ,~;? --r-: s>) ::::> fC; :F "Ilil~~~ _ ~_ Jl i. ~1;t.ffJl~1!-;;;"T"ji~3"f;""r,nl>.!'~1i!1!%~~;~~~~~'!1Wi~f'i;~~jfjiMl~!l!" ,_,.",,", "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.01-1626-Civil vs. MATTHEVVJ.KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, flkla York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 20 Deer Lane Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s). Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 2. Name and address of Defendant(s) in the Judgment: Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 .~'!l'li\~~.~_~ " _ ,-f"'" , '~ Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) Keystone Financial P.O. Box 1384 Pottstown, PA James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Helen Cernugel clo Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Waypoint Bank, flkla York Federal Savings and Loan Association Members First Federal Credit Union, flkla Defense Activities Federal Credit Union Attn: Joyce Baum 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on their property: Name Not applicable. Address (if address cannot be reasonably ascertained, please do indicate) .6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau ~l~",,,,,,,, "~ ~r _ ~ - . '"", ~, ,- - - I r -"'., . 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name NIA Address (if address cannot be reasonably ascertained, please do indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: t./~JD , . Be"j'm~~ey for Plaintiff I.D. No. 72030 ;:!;_:;:!I!'MI_ .-' _~---~, 1, t '1"'." ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No.1: BEGiNNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and % degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract No.2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19,2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. "f'""'~""" ....,"'_","".;1., _ . . . . ~~~ \ , .""'lf1I'''''''''''''''W~ '1.'1' 11 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K1A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff NO.01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants PRAECIPE TO ENTER JUDGMENT To the Prothonotary: ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiffs Complaint in Mortgage Foreclosure against Matthew J. Kostelac and Lawrence L. Kostelac, Sr. in favor of Waypoint Bank, flk/a York Federal Savings and Loan Association for the following: Amount Due Per Complaint. . . . . . . . . . $53,538.91 Interest from 2/17/01 through 12/5/01 (inclusive) at $8.684 per diem. . . . . . $ 2,315.36 Late Charges from 2/17/01 through 12/5/01 (inclusive) at $31.28 per month. . , . . . . . $ 125.14 Escrow Deficit. . . . . , . . , . . . . . . . . . . , $ 247.81 TOTAL AMOUNT $56,227.22 with interest from 12/6/01 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $8.684 per diem, from 12/6/01, late charges from 12/6/01 at 5% of the monthly payment amount, currently $31.28 per month, escrow, currently $224.85 per month from 12/6/01, 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 I ~ -, . "~'--~- '.. , I HEREBY CERTIFY that on May 23, 2001 a 10-day Default Notice in the above- captioned matter was mailed to the Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr. by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. ""jbii~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72030 ..... Ju...-u f' 2tY ,2001 Judgment entered by the Prothonotary this day according to the tenor of the above statement. . ~- I'.' . ~~~ ~- . c,...... 1 !i;\ MAv 2 r: ... 'l'Il\\ , I v U \li...........-_"~-~_W_-- ---'.'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND Ct:>UNTY,EENMSYU/ANIA ACTION - - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff C) I~~~ i,,' ',/,' --cc~ C~.1 ~';~', ,.;...,..-'- 7~( (~: +,- ~~~~, Please Time-StarilJ c::. and Return to m~ 'c' Thank You. :>~ -,- " No. 01-1626-Civil f'-) :.'l C) :.':;-: ';''-l ~ vs. MATTHEVVJ.KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants -~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 23, 2001 10-day Default Notices in the above-captioned matter were mailed to the Defendants MatthewJ. Kostelacand LawrenceL. Kostelac, Sr., by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F. Riggs, Jr., (J.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 "1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE WA YPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants TO: Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 DATE OF NOTICE: May 23,2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Benjamin F. Riggs, J (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 "%l'i\m~~1~ ~. . '. .~ ^ . I'~ , r,,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants TO: Lawrence L. Kostlac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 DATE OF NOTICE: May 23,2001 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 ANDYOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TI;IIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 Benjamin F. Riggs, Jr., A r y for Plaintiff York Federal Savings and L an Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 I Phone: (717) 846-8777, Ext. 2309 . 1.0. No. 72030 ,,;:~~,, ~ ,~ "~ ~ .~.' >>~' .~ ,--- .". cf')(J--'<l ~ fL Tl b F ~ ~ () i ~ ~ psi -tJ' ~ ~ c' - ., C~~i '~"'-) .-'0., (Ii , ~ ~} " ., F~ ~ ~:~:,J "+-:7 )> i:~; ~::d() c: :,J (~) nl ";'J>' j:~ :;~ ::> -<. HO) :.0 -< ,~, ., 1,T~~ ~ .~~-~C~ l_,UIL ,,~~~~,,~,.~p.,"-"'l"''''+''''U''?'iY\:"'?!)''''l'i~~l1~~-1iimjllilfllil~JJ!I!!l~~! OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 Date No. 01-1626-Civil RE: WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff VS: MATTHEW J. KOSTELAC AND LAWRENCE L. KOSTELAC, SR., Defendants Notice is given t!l~ a judgment in the above-captioned matter has been entered against you on June ;;.L., 2001. PROTHONOTARY OF CUMBERLAND COUNTY ~ A~r€r~r- If you have any questions concerning the above case, please contact: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff P. O. Box 1711 Harrisburg, PA 17415-1711 Telephone: (717) 815-4518 (PA Rule of Civil Procedure 236, as revised) ;'i;~_""'_ 1'1 ' " I) OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 Date No. 01-1626-Civil RE: WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff VS: MATTHEW J. KOSTELAC AND LAWRENCE L. KOSTELAC, SR., Defendants Notice is given that a judgment in the above-captioned matter has been entered against you on June L,2001. PROTHONOTARY OF CUMBERLAND COUNTY '-- By 40--,. 0 "' p _ Zzcfla,'Y. f Clerk or Dep ty If you have any questions concerning the above case, please contact: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff P. O. Box 1711 Harrisburg, PA 17415-1711 Telephone: (717) 815-4518 (PA Rule of Civil Procedure 236, as revised) '-~ ,- ,.,., I.: -', .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINTBANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff NO.01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants Commonwealth of Pennsylvania County of York Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendants above named are not in the military service of the United States of America, that he has personal knowledge that the said Defendants Matthew J. Kostelac and Lawrence L. Kostelac's last-known address is 323 Somerset Drive, Shiremanstown, Pennsylvania 17011. Sworn and subscribed before me this ...~Jt.. day of June, 2001 ,4-'~r-d(' ~.U."l~</ Notary Public B,"i,:bI1~ Attorney for Plaintiff I.D. No. 72030 My Commission expires: Notarial Seal Bridget C. Gallagher, Notary Public . York. York County My Commission Expires Feb. 22. 2003 If'_Cli;_ -.;p::- -" . 1._" ".,-, ~=,' ill " .. ~ _0 J~~~~~!II'Il'iI!iW ~."l ,~ M (') ffi;; --""",::. (:)'-:'" - ;::5:' ,.b.' ffe;: :;:~ ::ij ", " , ,-, ,",,,-; s' 0"-"'" ,"" '-'j C1J ',' ~-'7 -' :::,'J .::..') t.o .", ~-.::::- f1-!!!l!t. ~ ~,,,'i'\l-cj]"',Ff!"fF,ryli""'~;cn%"""imT";;;I'''eclll1W141~~t!?!'~H~Wi'~1j\!I!:~.q~~~t _"""_.. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on December 5, 2001, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 20 Deer Lane Carlisle, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 01-1626-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Matthew J. Kostelac Lawrence L. Kostelac, Sr. 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 -."""'M'I'l ,. -' ,-'"-",.,,".'..,..,,. 'J 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, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legi31 defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you mi3Y file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: t,/~ t../lJ , B,"j.g.,{!..~ . Attorney for the Plaintiff (I.D. #72030) "'~'~E~, ',",<, .~ ,.." < .~.., t -, , j ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract NO.1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and % degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract NO.2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. ",~~;~)Ir'fllJl1 .~ _ L r., . ,~ " """ - -~ k ~1OO1~lIin-p;f,!", -~=~ Affi\:t ~ '7 ~ .~''''~. -- -~' -. ."~,-,",,,-,,,,, 1111 ii'mIn"IT (') J~ ~CB r~,: t=6\'! ~c.~;; ~---;.. - , j~~-? " .~~f ::J to c C:;:, -'- d_ -".J ()J _.':'") . , ...,:,; -,--" --..., ~ ~~~~~~I'I!lif:i:<(;V.,K''''''",_(f'''.!,f~'-;:'''''''~l't&jm>;;i!l!$~I'i$'i'.,~~;"?""~,*'~:Fi!i"^;l'jlJw.r\,)'H~"~~~<"",,,~,~_~,~\lff ~""l_,;~lI'l"/ljm"11' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for Waypoint Bank, flk/a York Federal Savings and Loan Association, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the -l2....-llrJay of June, 2001, a Notice of Sheriffs Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Keystone Financial P.O. Box 1384 Pottstown, PA James C. Costpoulos 13 South Hanover Street Carlisle, PA 17013 Members First Federal Credit Union flk/a Defense Activities Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Attn: Joyce Baum Helen Cernugel clo Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 Copy of Proof of Mailing is attached hereto. B'~~~~ Attorney for the Plaintiff I.D. #72030 Sworn and subscribed to before me this~ 7""'day of June, 2001 ~u~. 6-1-'1"-<1 N tary Public My Commission expires: Notarial Seal Bridget C. Galiagher. Notary Public . M York, York County y CommIssIon Expires Feb. 22, 2003 , , .' ~~ -'-' . ~" c: 0 '" ~~. 0 0 <-< ~ 0 0 0 -'" ~ ~ " Om 0 ro' 0 ~C ~ 0 ~ 0 ~ o~ " 'l. " :xd:3 c- o ~>~ Z" U) 0. ~o m 5' 9-1)- c::C ~ . "'0 - " ~-~ ~o ~ ~ "" mm 1"1 0 >< 0 ~- ~ 0" ~ - ~"n " ;: Z -<zm ~ -f "0 :xl 0 ~z -4 ~ I'D' -<-<- e ~ mm ." "''''- :> zn Z "J> - ~-l ...x '" ~m - 0 1'0 01 "." ~ I ~i: t - ::::! ;'J> - 0- ml'" ~}' ~- z2 oel -< ?7 i'~Jl it JI'8 Q ~ ~'D~~3~ ~ 3 ~ CD' "" [II !ll m ~" ~ ~~"C Ul 0' 5" ~~. .....0 lll::l (J i::1O(J:I S; :;'coDJ' iil CD [I) 3 :::l 0 ::::I"C ..........0.00 11I~;'if ."'~ ~111~~g -;'j~f~ 1111' c~, ~'tS C~~~ <D '- -.l ~ ... I"~. (,-,-,. ;~ I _~ o o o ~ ro' o o 'l. o 0. 5' o " ~" c: ~ ~::( en o < . ~. c~;g [ ~c ~ ::!,'I o~)> o ::Do r- >~zb~ -l<~:Il::a -I~ ~O ~ Z-.... zOm ... -0 ~~ 'C 0 ~~ ,.Il_OO G) en" n __ -Izm .- 3:0:D r- &;z-t o ;rl;rl:;; fI1 :tI~ n "ll "J> -I ~-l . ~m 1'0 "." ~S ;'J> ~r= en- z2 oel -< :I: > ::0- ::0 (Jl 1YI C ::0 ~ ~ ~ o ~ }\( f e t ::.i o C.II . ::.i ::: u~' ;t;' 21' ,. ~ - 3 :l 0 .... .:J ........Q,U1 ,-- ,_, ,r .~ ", Received From: WAYP01NT BANK ATTN. 4EGAL DI:;I"I. P.C.80X 1711 HARRISBURG. PI\ 17705-!711 One piece of ordinary mail addressed t~ Gt::;,L.;r gs "- IfIaAbLX.. ;:;/,,~ f ~ L.u.J6? 0 '.Ri.); A ./J_ 33~AC rr'/"ffl: ~/f/e.. IGa..U-I'-<..- / \..f'L)66 J-bU.../S<.. ~/'}ut:..- J/fc- cA...:ut;c.1" I..L P"'L 17 t!> ~ PS Form 3817. MaL 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR lNSURANCE-POSTMA;iTER I R,cei.ed F'A'tTN: LEGAL DEPT. i~('} B('J1( 1711 HARRISBURG, PA 17105-1711 One piece of ordinary mail addressed to: ~ ML! r:., (6':' ~dU-/.o.!.,. }.6 0 _ /c.L.,"JJe/ S ~ /'Ar-A114 JCL 172J^~ PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Receiv,d Fco'WAYPOINT BANK ATTN: LEG A I nj:PT P.C. BOX 17\1 HARRISBURG, FA 11105-1111 One piece of ordinary mail addressed to: J/UUl CUIULf e../ ell) 1f:,hv.rd L. .s~AtJrfl-f1- I/) E~.J-- MiL .sired Co rl ib "L '1/J /..3 PS Form 3817. Mar. 1989 . U.S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOA DOMESTIC AND INTERNATIONAL MAll DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' . f C-SfJ . Affix fee here in stamos or meter postaQEl and of ot Affix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current f"'t'-. --,~~ Affix fele, !lere il1l;,tarnps ,I I nd of ':nt .~""""" - ~w~~~= .T -- ~. '"..,"",,",,~" " ""'~,."'~ ~" .-k"'- ~ . ~. ~" . . 0 c:::,~ c: -- ~1 c :>,) ~ c:; r" :;:::-- ..":-1 .)> '...---; )> () :..') 1"1"1 c: -;~. :;l :=> -< \ ;:) , _ Jll!lI8II~'l'j~~"'!",-~~.%"'''~",''I~r"'FYW''l,~m<fWfflrM!!~~f'~i~'!m~lJ&i~!!il1'W1lT[!fti ~W"~ , t I f > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. MATTHEWJ. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants No.01-1626-Civil PRAECIPE TO REINSTATE Please re-instate the above captioned matter. ,"~," -~-, I-I Be"jam;~~. Attorney for Plaintiff Waypoint Bank, flkla Harris Savings Bank and York Federal Savings and Loan Association P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 , .,. . " -~, Oq ~, ~__~",_J~ ~ .~. ~ .J!!!" "~~" . >-~" ~~- , (:) C) ,"'. .....r ~ -n ".. -~-\ -ow .'0 _;;.C ,'~ rTlrr, ;;<:.l " ,::"'''7 Z::D N :g~~J me ,~"~,,. ._n ~2': ':::~Q ~o ~ ;;:C,::D ~o ';;0 - (5.rn ~~ - .. -I '"' ~ ~ w . 1I t "", _ ,~I~iWlfflm~"~""""~;~lf."*,Pj'H*j"';frt.i"1jiwt'~"'_"_-'''l)''_\l1'W':;I*,,P'!'l!n"'::r.pT"{1!i"~'_%1\;\'@'tfflf',","",'JP!'''Wi!iili~~m;! . . SHERIFF'S RETURN - REGULAR 'CASE NO: 2001-01626 P ;COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS KOSTELAC MATTHEW J ET AL CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOSTELAC MATTHEW J the DEFENDANT , at 1436:00 HOURS, on the 2nd day of May 2001 at 323 SOMERSET DRIVE SHIREMANSTOWN, PA 17011 by handing to LAWRENCE L. KOSTELAC SR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit. Surcharge 18.00 7.44 .00 10.00 .00 35.44 So Answers: ..".~)/'j" . ' /./'" .?~'J::~-< /~-;;c..e' R. Thomas Kline 05/03/2001 WAYPOINT BANK me this ~ q~' day of By, /A:'~~ ,.- Deputy riff Sworn and Subscribed to before ~ J-.u-o I A.D. Qr () ~JPi,~ ~fPtf P othonotary , ';'"i;lIi!JIJj,~.~ "'iO" . "~ " =-~ , SHERIFF'S RETURN - REGULAR .CASE NO: 2001-01626 P 4 1COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS KOSTELAC MATTHEW J ET AL CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOSTELAC LAWRENCE L SR the DEFENDANT at 1436:00 HOURS, on the 2nd day of May 2001 at 3232 SOMERSET DRIVE SHIREMANSTOWN, PA 17011 by handing to LAWRENCE L. KOSTELAC SR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ?;;~;""""M?''''' 1ff',::#;i~"f' R. Thomas Kline 05/03/2001 WAYPOINT BANK Sworn and Subscribed to before By: ~~~ Deputy S eriff me this 9~ day of ~ ~I A.D. ~. (1, /1ul/,<, .04C Prt onotary ,';r/ ,'l<(~l9Ili'i!""! ; ... .~ " < . . J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 23, 2001 10-day Default Notices in the above-captioned matter were mailed to the Defendants MatthewJ. KostelacandLawrenceL. Kostelac,Sr., by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F. Riggs, Jr., (1.0. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 ~<"'- ,""_.,,-r. ,.., _" [-" ( .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil vs. MATTHEVVJ.KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants TO: Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 DATE OF NOTICE: May 23,2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Benjamin F. Riggs, J (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 ---~~'" - ~ '" _~,_o__ . . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants TO: Lawrence L. Kostlac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 DATE OF NOTICE: May 23,2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 Benjamin F. Riggs, Jr., A r y for Plaintiff York Federal Savings and L an Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext. 2309 1.0. No. 72030 '-'_'lWmi!o~," ~~~_" ".III!II.,_ . ~ -- ", - ~.lHllllllll~_I!ll~-~II!Jj!l1lll!!l1_ .- "",, ~.'" ~- " -,"" ".' __, ;'^ "C~"', ,~ =,"",-';,''','''''.0 <'T---"" o s;; -n,:::~;; [IF--:"- ~l:~ r:=f ,:;.:;-: ,~- ;:".:>.--: :b:c~ ..:-:" 0-] :'f1 --<.. '" t c-.:; -,,~ ~;..;-,,, 1-\) ~ _~"""_ _ _~ ~,~':Ja\"'n"'F,0"W""if"!f""'\C'f,-;;;j"'.'l'J~ili!1!FI"l!'Il!1<W!l11:1!l'\q~._~IIIfl'I!IlIPW.!~~ ~A . . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AND NOW, this S ~ ORDER day of February, 2002, upon consideration of Plaintiffs Motion to Continue Sheriffs Sale it is hereby ORDERED that Plaintiff is authorized to continue the March 6, 2002 Sheriffs Sale to May 8, 2002 to allow ample time to serve lien creditors with the Notice Pursuant to Pa. R.C.P. 3129.2. Judge topie5 ft~ei 03-07-0~ ~ 1:0: tS~j?o'l ~ 1: ~l1he.w K 6s~e.lac. "',:~ ','~ - ~,.,,- --". - <_-,- ,,'_~._, r , . Ii Ii, - - ~ > , ..' ~ 97NVi\7),SN - MNrlOC) nil I!f'/Y::jd .~"",, "::jRIAln,., .,1. v fZ :Z/!:!d '1:11,1'(" . . ^ ,:1. ',"~ , VI'H,..!. ='-:]II;~- -.,j .J::~U " ,,- ,,,-,,.1 .., (1'd" (,0 :10 "U,:i-fi-i _. ~.~,...>1~"~~ ,..~" ~ ,i!1llIR':lIlll!lfR '.'<.^o . ~.,,~". ,~""",-",~,,-._,. -,'''-' .'"-,; -~"~I....,-~," < "~_~ '>.~.- ~ -> ~ ~..._x , ~r,w_,:i:~;l~r>l1'!~'fll!\Hlff1'l'_<ry1j'Wli'l~;N:'ti~'~'ff'ffl~~m~~'1I,,-~;mP'i!M'lS-~i1iIm~_~J.i -,,;<w~" .. r' ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants MOTION TO CONTINUE SHERIFF'S SALE AND NOW, comes Waypoint Bank, flkla York Federal Savings and Loan Association, by and through its attorney, Benjamin F. Riggs, Jr., moves this Honorable Court as follows: 1. On or about March 21, 2001 Waypoint Bank, flkla York Federal Savings and Loan Association (hereinafter "Plaintiff) filed its Complaint in Mortgage Foreclosure against Matthew J. Kostelac and Lawrence L. Kostelac (hereinafter "Defendants"). 2. Defendants were served with Plaintiff's Complaint on May 2, 2001. 3. Plaintiff entered default judgment against the Defendants on June 28, 2001 setting the property for the Sheriff's Sale on December 5, 2001. 4. Plaintiff has been unable to execute on the mortgaged premises as Defendant Matthew J. Kostelac filed Chapter 7 bankruptcy on November 21, 2001 with United States Bankruptcy Court for the Middle District of Pennsylvania. 5. Plaintiff filed a Motion for Relief from the Automatic Stay on January 11, 2002. Defendant Matthew J. Kostelac filed an Answer to Plaintiff's Motion for " "-' ~ , r ~ . Relief on or about January 25, 2002. The Motion for Relief is scheduled for a hearing with Judge Woodside on March 5, 2002 at 10:30 a.m. 6. Plaintiff now must continue the March 6, 2002 Sheriff's Sale as additional lien creditors have entered judgments against Defendant Matthew J. Kostelac, and Plaintiff has been unable to provide the necessary notification of the Notice Pursuant to Pa.R.C.P. 3129.2. WHEREFORE, PlaintiffWaYPoint Bank, flkla York Federal Savings and Loan Association is requesting that this Honorable Court allow Plaintiff to continue the March 6, 2002 Sheriff's Sale to May 8, 2002 to allow Plaintiff ample time to notify the lien creditors of the Sheriff's Sale. Respectfully submitted, Benjami F. Riggs, r Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17101-1711 (717) 815-4518 I.D. No. 72030 ,.",~~." + ,,~ .-, - ~- -~ ~ ,~ ~ ~ . - --- -,~~, '''"' '. "'''~'~'''~'^~-''--."'' _.,..<.-.,~~-~--~ " -~"".' " , CJ c vti [11 f'f", .2:--,' zf"- (OJ:" ~~ij ~C} c>_ () 'C :2:: =2 ,\ , . a f\,) ~2 'I -".. .~ 't;I"" ~v I .::-- :~ -;::q "C' ~.~~ ~' ;.~~ :;:3 :b -< is Cl = ~,~o,~~ _~~=.!IW!lI"""<;OIl'I!l""",,,_~ ~ ""~~~;~J."Il.~"-p;",,",".n~,~.,."t"1'Pf'-T,,H-'~i<;F'!'f'-"1"!f.iJlI'ffi~')ii:JWf!~,"'l'{~$tF'ffl"fj',",1,I'1f'!!'I'~iJW!!~"."....,,"_ . .,..! , i''',..I''~!/!!,,*, c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, flkla York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 20 Deer Lane Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s). Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 2. Name and address of Defendant(s) in the Judgment: Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 " ,~ =, ~ Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) Keystone Financial 433 South 18th Street Camp Hill, PA 17011 James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Helen Cernugel clo Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Waypoint Bank, flkla York Federal Savings and Loan Association Members First Federal Credit Union, flkla Defense Activities Federal Credit Union Attn: Joyce Baum 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on their property: Name Address (if address cannot be reasonably ascertained, please do indicate) Not applicable. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau ","1'!~,,_ _ _. P~~f"","~ '._' .'" ~ ,_ r ". ~ ~ 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NIA Address (if address cannot be reasonably ascertained, please do indicate) Name I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 'bJ/~~?-. Be"jam;~~4Ly for Plaintiff I.D. No. 72030 ~ 'i,1ff'.W~~ ~ ~ " I_.',-C , j,'<!t:Ilir... ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff NO.01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants SECOND AMENDED AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for Waypoint Bank, flk/a York Federal Savings and Loan Association, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the _ day of March, 2002, a Notice of Sheriffs Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Keystone Financial 433 South 18'h Street Camp Hill, PA 17011 Copy of Proof of Mailing is attached hereto. B,"it!:&M Attorney for the Plaintiff I.D. #72030 Sworn and subscrjJ?ed to before me this~l/day of March, 2002 A.a,() 'ide. 6~~ ~~94-vU Notary Public . My Commission expires: Notarial Seal Bridget C. Gallagher. Notary Public fork. York County My Commission Expires Feb. 22. 2003 -~ < - _~-,', ,- '- """'1 ,., " , . l ALL THOSE 1W0 CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No.1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and % degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGiNNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract NO.2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. I "";"-~.""Ti'I''''>''^", . _ ~ _" ,..., ". . I _!' c_, ~_ , ~ -. -1 ,~ ~"W" Q ~~ ,~T~: (.'. (:}1 t.:,:: i- --., ',,:(-.:: - C" ~ "~~, ~., ,~~ ~>:1 _.:;: (::) ~C"... ., ,--':' r.....) f'_~' ..C) C) -n . .~ ~--J'.: '---,_: __,".0" ,b , , ~./ :::) ~i~ ~5 ;~T1 :',~ ':':0 --(. . , 1 ,. ,_~JI~I!Il~Wl~~~""""",, ,"~. _...._"I._I_~,~" ~~'fI!~'!I;,*I)WO":jl;J,,''l'Jm<J>of~W'iF'',~ftf.'iW'fflIff~~'ll!~q:~j.ili~~ '-'~ ,", -''! !'c_",,-<("'''''';{'''''''''_ Waypoint Bank, fi'k/a York Federal Savings and Loan Association and Harris Savings Bank VS Matthew J. Kostelac and Lawrence 1. Kostelac, Sr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1626 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Benjamin Riggs. Sheriff's Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Out of County Postpone Sale Advertising Certified Mail Poundage Law Journal Patriot News 30.00 40.00 30.00 .50 1.00 25.66 14.95 30.00 40.00 30.00 4.56 10.90 432.80 309.63 $1000.00 Paid by attorney 05-07-02 Sworn and subscribed to before me So An~ "'- ~ ~ .,; r-< r....r~ R. Thomas Kline, Sheriff This /'1'1::: day of ''Yh.-.'f 2002, A.D. GrL f2 fh.1L,#, BY~~ Real Est e Deputy Prothonotary r" ~'\ , . I. :;1J CIe.. 3r,.(J'L /?U-. ~, ~",- -. ~_.i WRIT OF EXECUTION and/or ATTACHMENT CO'MMONWEAL TH OF 'PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-1626 CIVIL ffi'u'I'F;RM CIVIL ACTION - LAW TO THE SHERIFF OF ._Cum~ElaIlc'Lmu_n . COUNTY Waypoint Bank, F/K/A York Federal Savings To salisfy fhe debt, Inferesf and costs due __ u. '___'_' .~<!Icc>Cl~ Associati()[lu__________________________u_ PLAINTI F F( S) L Ko t 1 S 323 Somerset Drive, from _ ukl<'!tthew J. Kostelac,.and Lawrence___:....._l3....':._Cl.c:'_ r., ~l:1.:ifananstown, PA 170!l.._______, DEFENDANT(S) See Legal Description (1) You are directed to levy upon the property of the detendant(s) and to sell (2) You are also direcled 10 anach the property of Ihe defendant(s) not levied upon in Ihe possession of GARNISHEE(S) as tallows and to n0tl1~:the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to OIlor the account of Ihe defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyot the defendant(s) not levied upon an subject to allachmenl is found in the possession of anyone other than a named garnishee. you are directed to notify him/herthal he/she has been added as agarnishee and is enjoined as above stated, Amount Due $56,227.22 L.L. $.50 $1.00 Interest Ally's Comm Ally Paid Plaintiff Paid % Due Prothy Other Costs --Sl80.54 Date, ,TlInp )A, )0.01 Curtis R. Long Prothonotary, Civil Djvision 2.ry~ REOUESTING PARTY Name Benjamin F. Rigg~L.Jr., Esq. ___ Address POBox 1711___.________.__ Harrisbur9L.YA l210?:1:7. 11_______ Morney tor: Plaintiff Telephone: 717-815-4518 Supreme C~urlIDNo.. '" 72030 ::,_-~' ,til~ *l4ic'~ 't:t~~4~':':~~.klb~,~ i_ - " "-~ - '-_;__'i!,lC :, ,;. ~~"l rf)~-~'--~'~~,~ ;",.-, , ,-" ,w ,~ ~_< ~ _~,_~_. ,~" "I REAL ESTATE SALE. No. 2 On So-p~, II, 1..00 I the sheriff levied I.lt)Oll the 08l8ndant$ Interest in the real property situated in SL I UU\ .s~q r w(J., Cumberland County, Pa.. know" and numberedas:~ ~ t. and mOfE'scribed on exhibit "A" filed with (his writ and by this c'nrporated herein. JateS. pt li, 100 I By:ff:1'!tk'1/'f;I(;uf4 . -. , (<., ."Id V\ t;~'1 f, \,1 '-) f':,,;:J - _., __ ., . \-0' ~ : \D. \,\d 611 S GI Kfir II 'I , I' I L !r\o klNDV .: ,___J'" Hlil:!t\S ~Ii' y; 3~13AO . -,,- e C!l;;:iJ c:;:;;] c:::::a- (ft) ~. ~oIIl'__~:fi""~"*Ii~_"'''~:'i,,"L'~~''~;~,';;''';i,:+,'''-'';,,!;'7";~""~~-';'!,_",",C'~F""'~{i~~,*J--,"e;"li'o,"-,'q"":l,H,llJj,*,~~'!Il~I r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, flkla York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 20 Deer Lane Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s). Name Matthew J. Kostelac Address 32.3 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 2. Name and address of Defendant(s) in the Judgment: Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 "AA_= Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) Keystone Financial P.O. Box 1384 Pottstown, PA James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Helen Cernugel c/o Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Waypoint Bank, f1kla York Federal Savings and Loan Association Members First Federal Credit Union, flkla Defense Activities Federal Credit Union Attn: Joyce Baum 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on their property: Name Not applicable. Address (if address cannot be reasonably ascertained, please do indicate) .6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau '-:'Jl1'>""""'l!'liff!l!!~ 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) NIA I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: t,/.u.. h, / ~~ Benjamin F. iggs, ., A orney for Plaintiff I.D. No. 72030 'i',.t"'~_. ,. ,-~.. I.' ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract NO.1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and % degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract No.2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. 1;1'lOOii\~~",~ ~ - ,,~.. ~ . r, ~., ,." , t ". . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Lawrence L. Kostelac, Sr, 323 Somerset Drive Shiremanstown, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on December 5, 2001, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 20 Deer Lane Carlisle, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 01-1626-CiviL THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Matthew J. Kostelac Lawrence L. Kostelac, Sr. 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 ~~"', , , ,'- ~-~,'""r , . , -, 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, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be aUachedto the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: ~/r;I4!b J J;:~ ;.... f.-;t..".,/ Benjamin F: Riggs, .' Attorney for the Plaintiff (1.0. #72030) ~1~, "m r ~_="_ - ,~ ^. - '.' -~,- . ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No.1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and Yz degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract NO.2: BEGiNNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, etvir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subjectto the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. ;t:'fIIT ,J!" ,~~ ~ "~" - ,= . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K1A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.01-1626-Civil vs. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on December 5, 2001, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock 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 b.uilding and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 20 Deer Lane Carlisle, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 01-1626-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Matthew J. Kostelac Lawrence L Kostelac, Sr. 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 ,,^.yt~'1~",-"'iI""~'''''' "'1 , _ IT r, " 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, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file Oil Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pie as of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: t",/~ t.-! lJ I irP ({;#:# Benjamin . Riggs, J . Attorney for the Plaintiff (I.D. #72030) 1".,1l"~<$ll!\i'-_ """'~ '1":[" r---- ,. , . . ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No.1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and % degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract NO.2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked bya concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. 'r,,"~''!i'l-,"'''''''' , . '. . , ., " "",~.'!? .e;:-~-= ..>~_ REAL ESTATE SALE No.2 Writ No. 2001.1626 - -- " Civil Term ',,,~u Waypolnt SanklJl</a1 :&:.':::Z:_' York _Federal SavIngs 'J; ~- _.. and Loan Assoc- '".". '- \'s i- '~= -_O~~ ~:r~:~:~=::,~r. !,~ -V~ Atty: Benjam,l.1 F. Riggs Jr. 'll'ESCRIPTION " !.lfka- THOSE TWO certain tracts of ground t::f1tii~e in the SlIver Spring Township, ,i.Cwnberland County, Pennsylvania, as more - .particUlarly bounded and de~cribcd as follows, to _ ~it . - XR4CZHO. 1: BEGINNING at a post, comer of - ,<J;ID~.".IiQy{ or formerly of John Kutz, nor or :UQ\I!).~ly. of the Heirs of Gomon Leonard, ~KC~~t.JhenCe North 83 degrees Em.t, 11 ~ ~es to a post; thence by land now of formerly ,"" 0 _ Jacob Sbank, South 39 degrees East, 32 '-\~fCljes;ffienceSouth2l and 1/2 degrees East, i'. ~rcbes; thence South 67 degrees west,. 19 ere es; thence North)3 degrees West, 57 r6..es.l(fthc place of BeGINNING, ~ g~rNING 5 acres and 123 percbes, more or "~~.Y~THEREON EREtrED a -two-story ~ 1_ me dwelling house andbam. .. , _RActJ'l:O. 2: BEGINNING at a point on the csOillbemsidcofanexistingl6-footwideprivatC ~dne, which point is North 61 degrees East, 1320 ' 'f!!t JrJtm the ceriter line of Deer Lane a& the ;:Samejs_ intersected by the oouthern une_ofsaid ~rivatelane;thence'alongthe southemlineof a;&id priyate lane, which land exists on land now ~or_IOi~dy of Mary E. 1\?cCahan, North 67 - i,degreeS East, 200 feel to.:j. "point on other land _ ~~ffow-or fonnedy of Kola J?T3ln Faust wolf, et vir; T-thence.hysaidlatterlanr' Sou1h23 degreesEasi, : '~4oo feet to a point; ifu:nce by 'lands now or . formerly of Mary E. McCahan. South 67 degrees .;. ~est, 200 feel to a lXIint marked by a concrete ~' - 9lli!ifiefit~ thence by the same, North 23 degrees ~~_sl. 400 feet to a point marked by a concrete ~___1TIonument; the place of BEGINNING. , =-CJ).tITAINING 80,000 square feet. :.:sAID premises are under and subject to the use ~of l[!}\ie-foot wide strip of land along the western bOunnary ofSardpremises as part of a 10-foot tilffY_eascm~l!t for the entire depth of 400 feet. e .enUre lO-foot utility easement to be o 'sed_by using 5 feet from each property - a: uttillg said boundary line. EING.KNOWN ANtrNuMBERED as 20 Deer _~.J:arliste.,-Pennsylvatiia. BEING TIrE SM1E' PREMISES which . Wtence 1. Kostelac, S'~ and Matthew 1. ~ os iFbyllicir Deed dated May S, 2000 and ~cord~d in the Office of the Recorder of Deeds ; ,dll.aitdJor Cumberland County on May 19, 2000 ~i![_Rccord Book 221, Page 627, granted and --- ~gJn\'~ed ~to Lawrence 1. Kostelac, Sr. and -_ ~t1iew.J. Kostelac, the Defendants herein. . ~---- -----"'--=-=~. REAL ESTATE SALE NO. 2 Wrtt No. 2001-1626 CIvil Waypoint Bank flkl a York Federal SaVingS and Loan Association vs. Matthew J. Kostelac and Lawrence L. Kostelac. Sr. Atty.: Benjamin F. Riggs Jr. ALL THOSE 1WO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania. as more particularly bounded and described as follows, to wit: Tract NO.1: BEGINNING at a post. comer of lands now or formerly of John Kutz, now or formerly of the Heirs of Gor- don Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and 1/2 degrees East. 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAINING 5 acres and 123 perches. more or less. HAVING THEREON ERECTED a mo-story frame dwelling house and bam. Tract No.2: BEGINNING at a point on the southern side of an exiSting 16 foot wtde private lane, which point Is North 67 degrees East. 1320 feet from the center line of Deer Lane as the same Is intersected by the '--southern line- of said private lane;-- thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East. 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et Vir; thence by said latter land. South 23 degrees East. 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West. 200 feet to a point marked by a concrete monu- ment; thence by the same, North 23 degrees West. 400 feet to a point marked by a concrete monument. the place of BEGINNING. CONTAlNTI\IG 80.000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western bOWldaxy of said premises as part of a 10 foot ut1lity easement for the entire depth of 400 feet. The entire 10 foot utility easement to be com- prised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUM- BERED as 20 Deer Lane, CarUsle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8. 2000 and recorded in the Office of the Recorder of Deeds In and for Cumberland County on May 19. 2000 in Record Book 221. Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein.' ., . . - .' "1II, . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of 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 23th and 30th day(s} of October and the 6th day(s) of November 2001. 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 i Mt.s lIaneous Book "M", Volume 14, Page 317. PUBLICATION .................................. ...(......... ................................................ COpy Sw SALE #2 . 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 $ 308.13 1.50 309.63 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... 'l~""'mn~l. ~-- .1III!lI , ~ I,';"", . ~ , . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 12, 19,26,2001 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~~ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 NOTARIAl SEAL LOIS E. SNYDER, Nolary Public Cariisle Soro, CUl1!00Il~jOO"5 L My Com\1liSSIOll ExpilllS ........ , 1,\~ _r _'"' , ."~."." r '" ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, FIKlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. NO.01-1626-Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants PRAECIPE TO SATISFY Please satisfy the judgment that was filed on June 28, 2001 in the amount of $56,227.22 in relation to the above-referenced matter. Dated: August 30, 2002 By: Benjamin F. Riggs, r. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 , , "'M'N",,,",,"r,', I _, ,. ~ , i; I! I: II Ii II ,I II !I ~I II II II 1\ II Ii ~ n Ii i: , F f: n ::1 ,,,.-_. '" ~. 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