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Home My WebLink About01-04435IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER Defendants No ~~~- ~y~~ ~ -~~Ul NnTICE 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 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION --MORTGAGE FORECLOSURE WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. STEPHEN D. TUCKER JEAN E. TUCKER Defendants AVISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) digs a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEbERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. o/- YY3S STEPHEN D. TUCKER JEAN E. TUCKER Defendants COMPLAINT AND NOW, comes Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank ("Waypoint"), by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants Stephen D. Tucker and Jean E. Tucker, 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. The Defendants are Stephen D. Tucker and Jean E. Tucker who are husband and wife and are adult individuals residing in the Mortgaged Premises at 1 Queen Anne Court, Camp Hill, Cumberland County, Pennsylvania 17011, and they are the mortgagors and real owners of the Mortgaged Premises, having acquired title by Deed dated August 3, 1987, and recorded on August 6, 1987, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book V-32, Page 866. Mortgage 3. On or about December 29, 1987, 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 December 31, 1987 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 891, Page 419. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 4. There have been no assignments of said Mortgage. Default 5. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from March 1, 2001 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 March 1, 2001. 6. Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions. 7. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance ............... . Interest from 3/1/01 to 7/2/01 (inclusive) at $18.3397 per diem........ . . Late Charges from 3/1/01 to 7/2/01 (inclusive) at $35.52 per month........... . Attorney's Commission 5% ............ . TOTAL AMOUNT DUE $73,359.04 $ 2,769.30 $ 176.20 $ 3,667.95 $79, 972.49 Compliance with Homeowners' Emergency Assistance Act 8. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i) Defendants have failed to meet with the Plainitff or an authorized Credit Counseling Agency in accordance with Plaintiffs 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 9. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101 et sec .), 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 Stephen D. Tucker and Jean E. Tucker in the amount of Seventy Nine Thousand Nine Hundred Seventy Two and 49/100 Dollars ($79,972.49), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $18.3397 per diem, from 7/3/01, late charges at 5% of the monthly payment amount, currently $32.52 per month from 7/3/01, attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. By . ~~.. Benjamin F. Rigg , Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 ~~.~~ i v' ;I~uf~e: - ':I's'~"t-nd, F~~ ~~~ ?o rn ~ i~ [Space Aaove This Line For aewraing Halal MORTGAGE .Loan No. sz-2zH49 THIS MORTGAGE - ("Security Instrument") is 19....$,7.. The mortgagor is _STEPfl~,Tj„)1,.,,,~',OQRE,R„az to under the laws of...'1'he unitetl Staten of America.,,,,,,,, and whose address is .......................... . BOrrgwer owes Lender the principal sum of ..Eighty-nine,. lpopsapa 'rnree„npnared _ana, uu/ l uv-,------- .. ---~---'--------'---------...... Dollars (U S $....89x300,_00, ,,.,), This deb[ is evidenced by Borrower's note dated the same date as this Security Instrument ("Note, which provides for monthly payments, with the full debt, i(not paid earlier, due and payable on ..._:?anuarp , l t 201 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„_,,,,.,,,.,,., This Security Instrument secures to Lender: (a) the repaymm[ of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 [o protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, gran[ and convey [o Lender [he following described property located in .............. ,,,,,,,,,,,,,,,,,Cumberland.,.,,,,,.,,,,, County, Pennsylvania: ALL TART CERTAIN lot or tract of land situate in East Pennaboro..Township, Cumberland County, Co~nonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern right-of~Nay Line of Queen Anne Court at the.div- iding line of Lot No..16 and Lot No. 17 as shown on a Final Subdivision Plan of Victoria Glen Section II; thencet by aforementioned dividing line North 06 degrees 30 minutes 10 aeconde East 162.13 feet to a point on line of land now or formerly of Ridley Park recorded in Deed Book N, Volume 19, Page 559; thence by aforementioned lands North 79 degrees 53 minutes 56 seconds East 49.OD feet to a point on the dividing line of Lot No. IS and Lot No. 16; thence by aforementioned dividing Line South 09 degrees 19 minutes 57 aeconde East 164.59 feet to a point on the northern right-of~way line of Victoria Way; thence by aforementioned right-of-way line by a curve to the left having a radius of 200.00 feet an arc length of 23.53 feet to a point; thence by same by a curve to the right having a radius of 15.00 feet an arc length-of 21.46 feet to a point on the northern right-of-way line of Queen Anne Court; thence by aforementioned right- of-Way line North 71 degrees 5] minutes 30 aeconde Weat 66.89 feet to a point being the place of BEGINNING. BEING Lot No. 16 as shown on a Final Subdivision Plan of Victoria Glen Section II, recorded in Plan Book 49, Page 49 UNDER AND SUBJECT to all applicable restrictions, reservations, easements and righta- of-Way of record. BEING the same premises which The Homestead Group, Inc. a Penna. Corporation, by its deed dated the 3rd day-of August, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book V, Volume 32, Page 866, granted and conveyed unto Stephen D. Tucker and Jean E. Tucker, his wife, the mortgagors RAVING THEREON EREC D two stor dw lling house herein. which has the address of ....~..L...4akbeen Anne„~purPt ............................................ .........Camp..H.i-.#.7:................................ ~~ ~~~~~~~~~ ~ ISlreel] (Cityl Pennsylvania 17011 ............................... (••Property Address"); .................... .tZiD Catle] TOGETHER WITH all the improvements now or hereafter erected nn the properly, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now nr hereafter a pari o([he properly. All replacements and additions shall also be covered by [his Security Instrument. All of the foregoing is referred m in this Security Instrument as [he "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, gran[ and convey the Property and that [he 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 UnifOfm COVenanl5 (Or na[IOOaI n5e and nOn-uniform COVenan[5 Wl[h limited variations byjurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Single Family-FNMA/FHLMC UNIFORM INSTtRUMENT Form 3039 12/63 PBUK FSyl pAGt ~~~ (1NIPOaM CovlfNntJlS. Borrower and Linder covenam and agree as)'ollnws: 1. Payment of Principal sod Interest !'repayment and Late Charges. Borrower zhall promptly pay when due the principal ofand interest on the debt evidrncetl 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 Nute is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security tnstrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future esu'uw items. The Funds shall beheld in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay [he escrow items. Lender may not charge for holding and applying [he Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender [o make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. 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 [he 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 [o [he Funds was made. The Funds are pledged as additional security for the sums secured by [his Sectfriry Instrument. If the amount of the Funds held 6y Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay [he escrow items when due, the excess shall be, at borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If [he amount of [he Funds held by Lender is not sufficient to pay the escrow items when due. Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds hdd by Lender. If under paragraph 19 the Property is add or acquired by Lender, Lender shall apply, nn later than immediately prior to the sale of the Properly or its acquisition by Lender, any Funds held by Lender at the time of application as n credit against the sums secured by [his Security Instrument. 3. Applicat{on of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shotild be applied: First to amounts payable under paragraph 2; second to interest; and last to principal. 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 shell pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay [hem on time directly to the person owed payment. Borrower shall promptly furnish [o Lender all notices of amounts to be paid under [his paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish [o 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 [he lien in a manner acceptable to Lender; (b) contests in good faith [he Tien 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 forfeiture of any par[ of [he Property; or (c) secures Gom the holder of the lien en 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 [his Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall kcep 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 for which Lender requires insurance. This insurance shall be maintained in the amounts and 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 6e unreasonably withheld. All insurance policies and renewals shall 6e acceptable, [o 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 «cripts of paid premiums and «newul 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 [he Properly 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 npplird to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Rnrrower. If IhrrmWCr abandons Ihr Propcrl}', Or dnl'x aUl anxWl'r WIIIIIII )~ days fl IIn11L'C frmtt LL`adl'r that Ihl' Inaarapcl• CarOl'r Kati oRered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or In pay sums secured by [his Security Instrument, whether or not then due. The 34day period will begin when the notice is given. Unless Lender and Borrower otherwiseagree in wri[ing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred [o in paragraphs 1 and 2 or change the amount of the payments. IF under paragraph 19 the Property is acquired by Lender, Bortower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shell pass to Lender to the extent o£the sums secured by this Security Instrument immediately prior to the acquisition. fi. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change [he Property, allow the Property to deteriorate or commit waste: If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees [n the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or !here is a legal proceeding that may significantly aRect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value o(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 [he 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 Inavumrnr. Unless Borrower and Lender agree to other terms of payment, these amounts shalt bear interest from the date of disbursemem at the Note rate and-shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BOOK H51 PACE A~0 If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument. Borrower shall pay the premiums required [e maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lendei s written agreement or applicable law. 8. 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. 9. Condemnation. The proceeds o(any award or claim for-damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid [o Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, [he sums secured by this Security Instrument shall be reduced by [he 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 [o Borrower. If the property is abandoned by Borrower, or iC, after notice by Lender to Borrower that the condemnor oRers to makean award or settle a claim for damages, Borrower fails to respond [n Lender within 30 days after the dale the notice is given, Lender is authorized to rolled and apply the prac~Yds, u1 its option. either to resloralion nr repair of the Property or to [he sums secured by [his Security lnstrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds [o principal shall not extend or postpone the due date o(the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 1H. Borrower Not Released; Forhearance By Lender Not a Waiver. Extension of the lime for pnymcnl or modification of amortization of the sums secured by This Security Instrument granted by Lender to anv successor in interest of Borrower shall not operate to release [he 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 (or payment or otherwise modify amortization of [he 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 o(or preclude [he exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Severs) 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 bejoint 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 [hat Borrower's interest in the Property under the terms o(this Security Instrument; (b) is not personally obligated to pay [he sums secured by this Security Instrument; and (c) agrees that Lender and any other Harrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Nate without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, anU that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exreed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to [he permitted limit and (b) any sums already collected from Borrower which exceeded permitted lihtits will be refunded to Borrower. Lender may choose la 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. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Nole or this Security Instrument unenforreableaccording toils terms, Lender, at its option, may rcyuirc imnicdi;de ppymenl in toll of all sums secured by Ihis Sccurily histnunenl and may invoke any remnlics permillal by paragraph 19. 11' Lender exercises (hiz option, Lender shall take the seeps spccilied in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided far in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use n( another method. The notice shall be directed to the Property AUdress nr any other address Borrower designates by notice to Lender. Any notice to Lender sh:dl he given by first class myil In Lender's address staled herein or any other address Lender designates by notice In Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given in Borrower or Lender when given as provided in [his paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law o(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 Nnte which can be given effect without the conflicting provision. To [his end the provisions of this Security Instrument and the Note are declared to be severeble. - 16. Borrower's Copy. Borrower shall be given pne conformed copy of [he Nate and of [his Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. I(all or any part of [he 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 d;tte 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. ]!Borrower (ails to pay these sums prior [o the expiration oCthis period, Lender may invoke any remedies permitted by This Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. I(Borrower meets certain conditions, Borrower shall have the right to have enforcement of (his Security Instrument discontinued at any time prior to the earlier n(: (a) 5 days (or such usher period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are Ih:u Borrower: (a) pays Lender uIl sums which Then would he due under This Sccurily Instrument and the NMe had nn ncceler;rlion occurred; (h) torts any default of any other covenants or ngreemcnts; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited [o, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lendei s rights in the Properly and Borrower's obligation Ie pay the sums secured by this Security Instrument shall continue unchanged. Upon reinslatemen( by Borrower, this Security Instrument and the obligations secured hereby shall remain (ally effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case o(accelemlion under paragraphs 13 or 17. BODK Fri PAGE Q~~ NON-UNIFORM COVENANTS. Borrower and Lender Further covenant and agree as follows: 19. 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 paragraphs 13 and 17 unless applicable law provides otherwise). Lender shell notify Harrower of, among other things: (s) the a¢fault (b) the action required to cure the default; tc) 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 [o reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of ell sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial Aroceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but no[ limited to, attorneys' fees and costs of title evidence to the extent permitted 6y applicable law. 20. Lender in Possession. Upon acceleration upder paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage [he Property and to collect the rents of the Property including [hose pass due. Any rents collected by Lender ar the receiver shall 6e applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 2(. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph I B shall extend h> one hour prior to the commencement of bidding al a sheriff's sale or other sale pursuant [o This Security Instrument. 23. Purchase Money Mortgage. If any of [he debt secured by this Security Instrument is lent to Borrower to acquire title to the Properly, this Security instrument shall be a purchase money mortgage. 24. Interest Rute After Judgment. Ilnrmw¢r agrees Ilea the ini¢rest ram payable al'ICr a judgment is catered nn th¢ Nate or in un action of mortgage foreclosure shall be the vale payable from time Iu lime under the Note. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and reuorded together with This Security Instrument, the covenants antl agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] x^ Adjustable Aate Rider ^ Condominium Rider ^ 2-4 Family Rider ^ Graduated Payment Rider ^ Planned Unit Development Rider ^ Other(s) [specify] )a BY SIGNING BELOW, Boaower accepts and agrees to the terms antl Covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ~] / ~~ // // .............A..."'.tF.. .... ................................. ...-:.,.... ~ .~~'!GNL-............................ (Seal) ~"1J ~ ~ St ph D. Td k r pp -9orrower `J CL ...................................................................................... .... ...~!~~.".~.......:.... ~..1 ~:,c. t---- Seal an E. Tucker -Borrower (Space Below This Line For acknowletlgmenl] COMMONWEALTH OF PENNSYLVANIA, ~~~`-/fit-'~ft~ County ss: On this, the ~ day of rCL~-e.cz-YwCx-u-- , 19 57 ,before me, a Notary Public in and for the above County and Commonwealth, the undersigned officer, pe[sonally appeared STEPHEN D TUCKER and SEAN E TUCKER his 'f known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that thev executed the same for the purpose here}B,EP,?!tained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. - My Commission Expires: VALEp[E J, DUNMIRE, NOTAflY PUBLIC My Commission Expires April 15,1991 Namshurq, PA ipatryhin County I certify that the address of the Mortgagee above-named is 234 North Second Street Harrisburg„ Pennsy aria ~,f.tiuis J. Aldler, A4torney for Mortgagee Title of HE:CO: L',6 4 St.^t `V 'n`. ~ a a ~ s~'I` ~. ~~ f, I=f.. '~a1 r""' -f~ ,... ~,~?s~~ ,. a... .. ij1,n eBOK b91 ea~~ 42~ ADJUSTABLE RATE NOTE THIS NOTE CONTAINS A PROVISION ALLOWING FOR CHANGES IN MY INTEREST RATE. IF MY INTEREST RATE INCREASES, MY MONTHLY PAYMENTS WILL BE HIGHER. IF MY INTEREST RATE DECREASES, MY MONTHLY PAYMENTS WILL BE LOWER. December. 29,x,,,,,,,,,,,,,,,,, 19 87,., ,.,,,Harrisburg,,.,,,,,., ,,.. Penngylyania,,, City State 1 Queen Anne Court, Camp Hill, PA 17011 Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ ..89, 300.00 , , , , , (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is .... First Federal Savings and , .. , , , , .............. Loan Association of Harrisburg,. a corporatiort . .. . . . . . . .. . . . . . .. . . . . . ..................................... . 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 wilt be charged on that part of principal which has not been paid beginning on the date I receive principal and continuing until the full amount of principal has been paid. Beginning on the date I receive principal, I will pay interest at a yeazly rate of .. $e~......%. The interest rate that I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the ...... ,first, (Ist), , , , ... , , , , , day of each month beginning on February _ 1,,, , , , , ,,, , , , , , , , , , , 19 $$... I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If on ....January, ,1 , , , , ,, , , , , , , , , , 201.$ , , , , I sill 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 .... 234.North Second Street, Harrisburg,, , , , , , , , , , , , ,,, , , , , , , , , , , , ..Pennsylvania,l?101,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,, or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments My initial monthly payments will be in the amount of U.S. $ ....655, 27 ..... , , , , This amount may change to reflect changes in the interest rate that I must pay. The Note Holder will determine my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the ....?gt...... day of ... JanµaFy, , , , , , , , , , , , ,,, , , , , , 19 89..., and on that day of the month every .....1?...., months thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an "Index." The Index is the weekly average yield on United States Treasury securities adjusted to a constant maturity of ... ozt?.... yeazs, as made available by the Federal Reserve Board. The most recent Index figure available as of 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of its choice. PENNSYLVANIA-FHLMC UNIFORM ADJUSTABLE RATE LOAN-(1rtEnsurty iNOEx~-slea (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ............ . three , , _ , , percentage points (...... 3..... %) to the Current Index. * (see below) The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay in full the principal I am expected to owe on the Change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment. (D) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (E) Notice of Changes The Note Holder will mail or deliver to me a notice before each Change Date. The notice will advise me of: (i) the new interest rate on my loan as of the Change Date; (ii) the amount of my monthly payment following the Change Date; (iii) any additional matters which the Note Holder is required to disclose; and (iv) the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due dates of my monthly payments unless the Note Holder agrees in writing to those delays. My partial prepayment will reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment maybe offset by an interest rate increase. 6. LOAN CHARGES If a law-which applies to this loan and which sets maximum loan charges is finally interpreted so that the interest or other loau charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of 15.... 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........ % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed or delivered 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 its reasonable costs and expenses to the extent not prohibited by applicable law. Those expenses may include, for example, reasonable attorneys' fees. *The Note Holder will then round the result of this addition [o the nearest one-eighth of one percentage point (0.125%). This rounded amount will be my new interest rate until the next Change Date. In no event, shall my new interest rate represent an increase or decrease or more than ......two (2 )percentage points above or below my current interest rate in any one year and will contain a ........ , six , . , . (. 6, ,) percentage point limit on the amount of increase or decrease over the life of the lean. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by mailing it by First class mail or by delivering it to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety, or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety, or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. THIS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument") with an Adjustable Rate Rider, dated the same day 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 and Rider describe how and under what conditions I may be required to make immediate payment in full of all amounts that 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 an interest therein is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Security Instrument to be immediately due and payable. However, this option shall not be exercised by Lender if exer- cise is not authorized by Federal law. "If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. "Notwithstanding asale or transfer, Borrower will continue to be obligated under the Note and this Security In- strument unless Lender has released Borrower in writing." Witness the hand(s) and seal(s) of the undersigned. WITNESS: _. /J/ / :-w' : .... ... .. .... .. .... ............. (Seal) ~/'I.C//(N ~fi" Stephe D. Tucker rower AS To ~'~ i _,f'Cti~ ~ ~. ....... (Seal) Jean E' Tucker Borrower ............................................ (Seal) Borrower (Sign Original Only) s ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this ._29 th day of ...December ............... Iq..87... and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed [o Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borzower's Adjustable Rate Note to .. First. Federal.SavinSs_ and. Loan ssociation.of .Harrisbur~t, a corporation ..,.__,,.,,,,,, (the "Lender") of the same date (the "Note") and covering the property described in the Security Instrument and located at: .l Queen,. Anne .Court, .Camp. Aill,. PA 17011 ........................................................................................................ (Properly Atldreee) The Nole contelns prorisione allowing for ehengse in the interest rate. It the interest rote increeeee, the Borrower's monthly payments wfff iw higher. N the interest nta decreases, the Borrower's monthly payments will M lower. ADDrz10NAL CovexArvrs. In addition to the covenant and agreements made in the Security Instrument, Borrower and Lender funkier covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate oC ..........a :~......%. Section 4 of the Note provides for changes in the interest rate aqd the monthly payments, as follows: 0. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the ........1st day of...._:?apuaxX ........................ 1989...., and ............ on that day of the month every ......... ~ ~ .............. months thereafter. Each date on which my interest rate could change u called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an "index." The Index is the weekly average yield on United States Treasury securities adjusted to a constant maturity of ....... °D?............ years, as made available by the Federal Reserve Board. The most recent Index figure available as of 45 days before each Change Date is called the "Curzent Tndex." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of its choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rare by adding .................................. ,,,,,,,,,,,,,,,,,,,,,, three.,..,.,,.., percentage points (.............. %......°ti) to the Curzent lndex. * (see below) The Note Holder wBl then determine the amount of the monthly payment that would be sufficient to repay in full the principal I am expected to owe on the Change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment. (D) Egective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (E) Notice of Changes The Notu Holder will mail or deliver to me a notice before each Change Date. The notice will advise me of (i) the new interest rate on my loan as of the Change Date; (ii) the amount of my monthly payment following the Change Date; (iu) any additional matters which the Note Holder is requ'ved to disclose; and (iv) the title and telephone number of a person who will answer any question I may have regarding the notice. B. CHARGES; LIENS Uniform COVCnan[ 4 of the Security Instrument is amended to read as follows: 4. Charges; Liens. Borrower shall pay all taxes, assessments, and other charges, fines and impositions attributable to the Property which may atmin a priority over this Security Instrument, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, direNy to the payee thereof. Borrower shall promptly famish to Lender all notices of amoudts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evideorang such payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument; however, Borzower shall not be required m discharge any such lien so long as Borrower. (a) shall agree in writing m the payment of the obligation secured by such lien in a manner acceptable to Lender, (b) shall in good GENERAL FORM-fHLMC UNIFORM ADJUSTABLE RATE LOAN-(1geASUay taou7-alas The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0. 125Y,). This rounded amount will be my new interest rate until the next Change Date. In no event, shall my new interest rate represent an increase ox decrease of more than two (2) percentage points above or below my current interest rate in any one,year and will contain a six (6) percentage point limit on the amount of increase or decrease over the life of the loan. faith contest such lien by, or defend against enforcement of such Iten in, legal proceedings which in the opinion of Lender operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof;-or (c) shall secure from the holder of such lien an agreement in a form satisfactory to Lender subordinating such Tien m this Security Instrument. . If Lender determines that all or any part of the Property is subject to a lien which may attain a priority over this Security Inswment, Lender shall give Borrower a notice identifying such lien. Borrower shall satisfy such lien or take one or more of the actions set Forth above within ten days of the giving of the notice. C. NOTICE Uniform Covenant 14 of the Security Instromeet is amended to read as follows: 14. Notice. Except for any notice required under applicable law to be given m another manner, (a) any notice m Borrower provided for in this Semirity Instrument shall be given by delivering it or by mailing it by first lass mail m Borrower et the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice m Lender shall be given by first class maH to Lender's address stated herein or to such. other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for is this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. D. UNIFORM BECURITY INSTRUMENT; COYERNING LAW; SEVERABILITY Uniform Covenant IS oC the Security Instrument is amended to read as follows: 15. Uniform Security Instrnment; Governing Lsw; Severabillty. This form of Security Instrument combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction m constitute a uniform security inswmtnt covering real property. This Security Instrument shall be governed by Federal law and the law of the jurisdicion in which the Property is Iecated. In the event that any provision or clause of this Security Inswment or the Note conflicts with applicable law, such conflict shall not eflem other provisions of this Security Inswment or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Security Inswment and the Note are declared to be severable. E. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: t7. Transfer of the Property or a Beneficial Interest in Borrower. It all or any part of the Property or an interest therein is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at Lender's option, declare aB the sums secured by this Security Inswment to be immediately due and payable. However, this option shall not be exercised by Lender if exercise is not authorized by Federal law. If Lender exercises such option to eceelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days From the date the notice is mailed within which Borrower may pay the spurs declared due. if Borrower fails ro pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph Ig hereof. Notwithstanding asale or transfer, Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has released Borrower in writing. F. LOAN CHARGES If the loan secured by the Severity Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed permitted limits, then: (1) any such loan charge shall be reduced by the amount necessary ro reduce the charge to the permitted limit; and (2) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reduang 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 under the Note. IN WrrnEas WHEBEOF, Borrower has executed thisAtdj~u`st~able Rate Ri/der. ......,r.... ..... ~i' ' .............................................. Seal wTT ,~ p e~. kd ....~k9..~ C ) S d h D. Tuc ~ -Borrower ~5 /'l/ a ~;as.:..~r:.....f:SS.~>:.4.:~. :.................................................(Seal) - '~ean E. Tucker 'BORO"° -Borrower BDDK ~~~. PAGE :I ~~~ fslon orlataat onryl BA(~ 16 LOOK FOR UE. W'c'~l CET YOU THERE. May 1, 2001 ACT 91 & ACT 6 NOTICE TAI~.E ACTI®N T~ SAVE ~'OIJI~ ~IOlVIE ~®1VI F® CIS®SLTRE This is an official notice that the mortgage 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 pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (FFIDMAPI may be able to help to save your home. This notice explains how the program 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 you meet with the Counseling Agency. The name, address and phone number off Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (7171780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe 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 CONTIlViJAR 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 NUNIERO 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 REDIMII2 SU HIPOTECA. P.O. 80X 6711, HARRISBLIR6. PENNSYLVANIA 1710 5-1711 Toll FrEe f-866-WAYPOINT (I-866-929-7646) www.waypointbank.com HOMEOWNER'S NAME: _Stephen D Tucker PROPERTY ADDRESS: MAILING ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: _1 Queen Anne Court, Camp Hill, Pa 1701 _1 Queen Anne Court, Camp Hill, Pa 17011 _0082022849. First Federal SaV1ngS and Loan Association of Harrisburg CURRENT LENDER/SERVICER: Wayaoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 REQUIl2EMENTS ESTABLISHED BY THE TEMPORARY STAI' 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 (301 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 ]ender 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 counseline 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 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, sigh and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies ]fisted at the end of this 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 postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FI1LE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIlVIE PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IlVIII~DIATELY 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 TffiS 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 THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: _ 1 Queen Anne Court, Camp Hill, Pa 17011 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:_ payments of $710.48 for the months of Mazch, April and May B. Other charges: Late charges $105.16 Total Amount Past Due: _$2236.60 HAVE FAILED 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 $2236.60. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to~ Wayuoint Bank 449 Eisenhower Boulevazd Harrisburg, PA 17111 IF YOU DO NOT CURE THE DEFAULT---If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortQase debt This ~~~ means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose upon vour mort2ased property. IF' THE MORTGAGE IS FORECLOSED UPON---The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay al] reasonable attomeys fees actually incurred by the lender even if they exceed $50.00. Any attomeys fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY ueriod, you will not be required to pay attorney's fees OTHER LENDER REMEDIES---The lender may also sue you personally for the unpaid principal balance and al] other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured the default within the THIItTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff s sale. You may do so by payine the total amount then oast due, plus anv late or other ch~~es then due, reasonable attomeys fees and costs comnected with the. foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writine by the lender and by oerfornung 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 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 any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Waypoint Banlc Address: 449 Eisenhower Blvd., Aarrisburc, PA 17111 Phone Number: (717) 909-2767 or 1-866-929-7646 ext. 2767 Fax Number: (717) 909-2780 Contact Person: Todd Mover EFFECT OF SIIERIFF'SSALE---You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. if you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE---You _X_may or Vmay not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that al] 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. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN 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 TIIvIES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITCITED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Todd Moyer Collections Counselor TM/nEk If funds are recei~ted and negotiated in less than the total amount due inclucling legal fees and costs; ~'aypoint F~anl~ reser<Tes the right to return the funds to qou and continue anth legal proceedings pending receipt of the total amount due. ~.~~~ LOOI: =OF. US. WE'LL 6cT "OU '; Hcpc ~e~M~E~L~IV~ ~~~~~~ ~CCS of Western Pennsylvania, Inc. ' ?000 Linglestown Road -larrisburg, PA 17102 "717) 541-1757 =AX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3~d Street Waynesboro, PA 17268 (717)762-3285 Jrban League of Metropolitan Harrisburg ~. 6'h Street -larrisburg, PA 17101 I' '717) 234-5925 =AX (717) 234-9459 community Action Comm of the Capital Region 1514 Derry Street -larrisburg, Pa 17104 717) 232-9757 =AX (717) 234-2227 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAY. (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 P.Q. BO;: DI I, HARRISBURG. PENNSYLVgNIq DIOS-i711 ToII Free k-85o-VVgvPOirdT (I-86E-92S-7646) www.waypointbanlccom B A 9C LOOK FOR US. WE'LL GET YOU THERE. May 1, 2001 ACT 91 & ACT 6 NOTICE ~~1\ I~~ Al~~l®l~ ~® ~~((~~''~ 1 ®~J This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (IIDMAPI may be able to help to save vour home. This notice explains how the program 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 you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe 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 IlVH'ORTANCIA, PUES AFECTA SU DERECHO A CONT11ViJAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANLA 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 REDINffit SU HIPOTECA. P.O. BOX DIE, HARRISBURG, PENNSYLVANIA 1710 5-1711 Toll Free 1-866-WAYPOINT (I-866-523-7646) wmrw.waypointbaniccom HOMEOWNER'S NAME: Sean E Tucker, PROPERTY ADDRESS: MAILING ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: _1 Queen Anne Court, Camp Hill, Pa 1 _1 Queen Anne Court, Camp $ill, Pa 17011 _0082022849_ First Federal Savin¢s and Loan Association of Harrisbur¢ CURRENT LENDER/SERVICER: WayPOint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 CONTROL, BEYOND YOUR IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • H+ YOU MEET OTHER ELIGIBILITY REQUHiEMENTS 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 1301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BkING 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 te~hone numbers of desierrated co~rsumer credit counseling agencies for the county in which the propert~s 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 Prograrn. 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 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 THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IlVIlVIEDIATELY 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 direct]y 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 THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (if you have Filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date). NATURE OF TAE DEFAULT---The MORTGAGE debt held by the above lender on your property located at: _ 1 Queen Attne Court, Camp Hill, Pa 17011 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:_ payments of $710.48 for the months of March, April and May 2001. B. Other charges: Late charges $105.16 Total Amount Past Due: _$2236.60 HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CLIItE 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 $2236.60. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check. certified check or money order made payable and sent to' W~oint Bank 449 Eisenhower Boulevard Harrisbure, PA 17111 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THII2TY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the morteaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in montlily installments. If-full payment of the total amount past due is not made within THIRTY (30) DAYS, the ]ender also intends to instruct its attorneys to start legal action to foreclose anon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, If you cure the default within the THLRTY (301 DAY aeriod, you will not be required to pay attorney's_fees. OTHER LENDER REMEDIES---The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIIZTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time into one hour before the Sheriff s sale. You may do so by paving the total amount then past due plus anv late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified i~r writing by the lender and by performing anv other requirements under the mortgage Curing your default in the manner set forth th 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 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 any time exact]y what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Waypoint Bank Address: 449 Eisenhower Blvd., Harrisburg, PA 17111 Phone Number: (717} 909-2767 or 1-866-9?9-7646 ext. 2767 Fax Number: (717} 909-2780 Contact Person: Todd Mover EFFECT OF SHERIFF'S SALE---You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffls Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE---You _X_may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN 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 POSTITON 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 TIMES IN ANY CALENDAR YEAR.} • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. V ery truly yours, k 7, ~, p,~~,,yr.___ Todd Moyer Collections Comiselor TM/nek If funds are received and negotiated in less than the total amount due including legal fees and costs; V~%a}point Bank resenTes the right to return. tb.e funds to you and continue adth legal proceedings pending. receipt of the total amount due. 1. ~~~~ LOOI: =OF, U=. wE'u. GET YOU THEP.E. CUMBER~.~td[? ~®~1~T~' ~CCS of Western Pennsylvania, Inc. '000 Linglestown Road 'arrisburg, PA 17102 717) 541-1757 =AX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 Jrban League of Metropolitan Harrisburg J. 6th Street ' iarrisburg, PA 17101 ', 717) 234-5925 =AX (717) 234-9459 ;ommunity Action Comm of the Capital Region 514 Derry Street iarrisburg, Pa 17104 ' 717) 232-9757 =AX (717) 234-2227 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FPJC (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 RO. BO>; 1711, HARRI58NRE. PENNSYLVANIA 17105-171E Toil Fre<_ 4-866-WAYPOINT (I-866-525-7646) www.waypointbaNccom 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: 7~i ~/e / By: s Stacy Arms ng Default Coordinator ~.~~~,. ' flA $~S?: -3i~9t'V!u/'~ E ,.. 3~'d~ J~+siYryfi%°a`~°'C .'s+udly..}.;~I rf'.'eN'RS3-w41 ~. 1 C l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No:01-4435-Civil STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA 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 Y Telephone: (717) 249-3166 ~ T r Y ~ 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 AND HARRIS SAVINGS BANK Plaintiff vs. No. 01-4435-Civil STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants AVISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el Demandante. LISTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No.01-4435-Civil STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants AMENDED COMPLAINT AND NOW, comes Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank ("Waypoint"), by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants Stephen D. Tucker and Jean E. Tucker, 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. The Defendants are Stephen D. Tucker and Jean E. Tucker who are husband and wife and are adult individuals residing in the Mortgaged Premises at 1 Queen Anne Court, Camp Hill, Cumberland County, Pennsylvania 17011, and they are the mortgagors and real owners of the Mortgaged Premises, having acquired title by Deed dated August 3, 1987, and recorded on August 6, 1987, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book V-32, Page 866. 3. The UNITED STATES OF AMERICA is named as a Defendant in this action by reason of privilege granted in an Act of Congress of the United States of America, pursuant to the provisions of 28 U.S.C. § 2410 and 26 U.S.C. § 7425, as amened. Federal Tax Liens 4. The names and address of the taxpayers whose liability created federal tax liens on said Mortgaged Premises are as follows: Stepehn D. Tucker and Jean E. Tucker of 1 Queen Anne Court, Camp Hill, Cumberland County, Pennsylvania 17011. { :,~~ ~ i i r 5. The nature of any interest and fax liens of the United States of America is based on the Notices of Liens duly filed by Defendant United States of America through the District Director of Internal Revenue in Pittsburgh, Pennsylvania, as follows: (a) Lien Notice No. 230063512 dated September 12, 2000 and filed in the Cumberland County, Pennsylvania, Prothonotary's Office, Cumberland County Courthouse, Carlisle, Pennsylvania, on October 4, 2000, to Docket Number 00-6798FTL in the amount of $17,404.39, together with interest to date, which lien is filed against taxpayers Stephen D. Tucker and Jean E. Tucker. A true and correct copy of the said Federal Tax Lien Notice is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". 6. The lien of Defendant United States of America referred to in paragraph 5(a) above, having been filed on October 4, 2000 is subordinate in priority to the lien of the herein described Mortgage, which Mortgage was recorded iri the Cumberland County, Pennsylvania, Recorder's Office on December 31, 1987, as more fully hereinafter described; and by filing this Action, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank seeks a judicial sale of said Mortgage Premises herein described. Mortgage 7. On or about December 29, 1987, 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 December 31, 1987 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 891, Page 419. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". ~ i Assignments 8. There have been no assignments of said Mortgage. Default 9. 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 March 1, 2001 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 March 1, 2001. 10. 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. 11. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance ............... . Interest from 3/1/01 to 10/10/01 (inclusive) at $18.3397 per diem........ . . Late Charges from 3/1/01 to 10/1/01 (inclusive) at $35.52 per month........... . Attorney's Commission 5% ............ . TOTAL AMOUNT DUE $73,359.04 $ 4,603.28 $ 282.76 $ 3,667.95 $81, 913.03 Compliance with Homeowners' Emergency Assistance Act 12. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i) Defendants have failed to meet with the Plainitff or an authorized Credit Counseling Agency in accordance with Plaintiffs 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. r v~«„. r Inapplicability of Loan Interest and Protection Law 13. 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 seer .), 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 Stephen D. Tucker and Jean E. Tucker in the amount of Eight One Thousand Nine Hundred Thirteen and 03/100 Dollars ($81,913.03), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $18.3397 per diem, from 10/11/01, late charges at 5% of the monthly payment amount, currently $32.52 per month from 10/11/01, 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 ~- Benjamin F. Riggs, Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 -~, OCT-09-2001 13~SB t... Form 66B (Y)(~)' ~. iAe~. August 19971, WP SETTLEMENT SUS n q~ 4 ~99 ~. ~Departrnen[ of chB Treasury - Intiernal tievenua Service Notice of Federal Tax Lien ' p.02/Bz v i . i t iv ' ~ District Servo( Number 230D635 12 FOr OPUOna~ use ov naw,un~y ..•~•w Q ~~'~~' v ~~ . PENNSYL`;IAN2A ". . _~_ As provided b;r section 6321; .6322,• and .6323 of the tncernaf Revenue ' ~, c~ t '. ,-_ ; _, and penak3es) we are i3ying'd nodes that taxes (including interese Code s. ~' n , "have been assessed against. the followlfig^named taxpayer., We have made f i a demand for jaayioert of thls Ifablilcyr .bux i; remains unpaid. Tiiereforc, " ;.. , , there Is a {lan''In favor of the united Scaces on all Dloperty and rights co _{;;: "property belfiri~ing to this tabcpayer. for 'the amount of these taxes; and ~ - ~ ' ` additlonal penlaltles, interest; and costs that may accrue." _., ^.;.;, .~ = ' "• , ~•_ `Name of Taxpay3r STEPHEN .n & JE ' E. TUC'KER' . `-: ~ _ ' ~ C 'C ' ~ ~ '"`~ , Residence 1 QUEEN ANNE . . CAMP HILL, 'PA. 17411-1733 ~ ~~~ ~ 7~ 1MPORTAN'f."RELEASE INEORMATIODI; i:or o3eh assessment'llated b8low, unl6ss notiee o' thelien is refiled byahe data given in column le),,th~s nonce shalh certifica[e of release 'as defined. S ~ ~ `~ ( ? a an the day tol:owing such date, operate a ' j' in tAC 6326(a:. Kind of Tax' Tax.Period • ' Ettdl[iB Idendfyin{i dumber Date.of.. ' Assessment Last Dayy for Refiltng •l(npaid Balance of'Ass (l) eric (a b3 (c) d" a '. 104'0 . .1,2/31/1997 .235-90'-7568 . 09/29/1998 000 10/29/'20013 05/15/2010 8224.34 9180'.05. 1040 12/31/1999 235-90-7568, 04/15/2 . Place of Filing Prothonotary Totat S Cutnber2and County ],7404, 39 . Ca=lisle, PA'17013 Tnis notice was prepa[ad and signed a[ PITTSBURGH",. PA ; qn Ntis, `tne 1,2t:h day of .Sept"ember, 2000 r.. Signature . ' Title for,LJIS DOwD • 1~C3 23-07.-0008 (NOTEc. Ce(trytare at otFcer.aurhoriled aY taw ro rake ackrtnwrgdamanc'is net esseni%m'rd.me vat~diiy of Notiee. of Fedarat Tart, lion Rev. Pur 71•,:66, 1971 • 2 C.B. 4091. ~ ~ ~ Form 6La(Y)(t)' IAdv,'6-97) Pan 1'- Kept ay Recording Ofn<® CAT. NO 600251( TOTRL P.02 :~~ Ih . - _ .. ..>'Ii:L 9F 111` F~~ ~;:~ ~~ ~1~ ~ ~2 [apace Pbove This Line Far flewrd'mg 0atal MORTGAGE Lnan No. sz-22a49 THIS MORTGAGE ("Security Instrument") is 19....8.7.. The mortgagor is _STEPF}EN, D,,,, TUQ)CE,~i_ar of whose address is Borrower owes Lender the principal sum of ._Eighty-nine,;inousapa,_pree„npnarea ana,,.v,.u/~u~-,;,------ ..... ---------'----------------...... Dollars (U.S. $..._$9g300 00 , ), ]'his deb[ is evidenced by Borrower's note dated the same date as this Security Instrument ("Note, which provides for monthly payments, with the full debt, i(not paid earlier, due and payable on .... 7anuaxy,, t.L. 201,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,, This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) [he payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrowe'r's covenants end agreements under this Security Instrument and the Note. Far this purpose, Borrower does hereby mortgage, gran[ and convey to Lender the following described property located in .......................................................................................................Cpmberla;Pa.............. County. Pennsylvania: ALL TBAT CERTAIN lot or tract of land situate in East Penneboro.TOwnahip, Cumberland County, Conoaonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern right-ot-way line of Queen Anne Court at the.div- iding line of Lot No.~16 and Lot No. I7 as shown on a Final Subdivision Plan of Victoria Glen Section II; thencel by aforementioned dividing line North 06 degrees 30 minutes ]0 seconds East 162.13 feet to a point on line pf land now or formerly of Ridley Park recorded in Deed Book N, Volume 19, Page 559; thence by aforementioned Lands North 79 degrees 53 minutes 56 seconds East 49.00 feet to a paint on the dividing line of Lot No. IS and Lot No. ]6; thence by aforementioned dividitg line Sovth 09 degrees 19 minutes 57 seconds East 164.59 feet to a point on the northern right-of-way line of Victoria Way; thence by aforementioned right-of-way line by a curve to the left having a radius of 200.00 feet an arc length of 23.53 feet to a point; thence by same by a curve to the right having a radius of 15.00 feet an arc length of 21.46 feet to a point on the northern right-of-way line o£ Queen Anne Court; thence by aforementioned right- of-way line North 71 degrees 51 minutes 30 seconds West 66.89 feet to a point being the place of BEGINNING. BEING Lot No. ]6 as shown on a Final Subdivision Plan of Victoria Glen Section II, recorded in Plan Book 49, Page 49 UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights- of-way of record. BEING the same premises which The Aomestead Group, Inc. a Penna. -Corporation, by its deed dated the 3rd day-of August, ]987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book V, Volume 32, Page 866, granted and conveyed unto Stephen D. Tucker and Jean E. Tucker, his wife, the mortgagors RAVING THEREON EREC D,,a two stor dw 11ing house herein. which has the address of ..........k[Neen Anne„~our~E ............................................ .........Ga1f4P...H.hb7,..............................., ~~~~~~~~~ ~ latreetl Ieityl _ Pennsylvania 17011 ............................... (•'Property Address"); .................... . [zip coaal TOGETHER WITH all the improvements now or hereafter erected nn the properly, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereaftera part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in [his Security lnslrument as the "Property." BORROWER COVENANTS that Borrower Ig lawfully Seised Of Lhe egtate hereby Conveyed and has [he fight 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 anifnrm covenants for national use and non-uniform covenants with limited variations by jurisdiction [o constitute a uniform security instrument covering real property. PENNSYLVANIA-single Family-FNMA/FNLMC UNIFORM CcIN((S11T{RUMENT ~~~ Form 3039 12/83 RRNK OJ~ FRGt UNIPnaM !^nVIiNANII. Rormwerand Lender covenant and agree az follow+: I. Payment of Principal and Interest; Prepayment, and late Charges. Borrower shall promptly pay when due the principal of and interest on tae debt evidrnced by the Nate and any ¢repaymenr and late charges due under [he Note. 2. Funds for Taxes and Insurance. Subject toapplicable law ortaawrltten waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Nnte is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes grid assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Properly, if any; (c) yearly hazard insurance premiums; and fd) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis o(currenl data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may no[ charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. 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 [he Funds. Lender shall give to Borrower, without charge, an annual accounting oFthe 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 the sums secured by [his Sectfri[y Instrument. If the amount of [he Funds held by Lender, together with [he future monthly payments of Funds payable prior to the due dales of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Furtds. If the amount of the Funds held by Lender is no[ sulficien[ [o pay [he escrow items when due, Bonower shall pay to Lender any amount necessary to make up [he deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Sceurity Instrument, Lender shall promptly refund [n Borrower any Funds hdd by LenJcr. If under paragraph l9 the Properly is sold or acquired by Lendar, Lender shall apply, no later than immediately prior to the sale of the Propeny or its acyuisidun 6y Lender, any Funds held by Lender at the time of application as n credit against the sums secured by this Security Inslmmen[. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 should be applied: fast to amounts payable under paragraph 2; second to interest; and last to principal. 4. Ghergas; Liens. Harrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or iF not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly Famish to Lender al] notices of amounts Io be paid under this paragraph. If Harrower makes these payments directly, Harrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over [his Security Instmment unless Borcower: (a) agrees in writing [o the payment of [he obligation secured by [he lien in a manner acceptable to Lender; (b) contests in good faith [he Tien by, or defends against enforcement of the lien in, legal proceedings which in [he Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from [he holder of the lien an agreement smisfactory [o Lender subordinating the Tien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one ar more of the actions set forth above within 10 days of [he giving of notice. 5. Hazard 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 For which Lender requires insurance. This insurance shall be maintained in [he amounts and for the periods [hat Lender requires. The insurance canter providing the insurance shall 6e chosrn 6y Borrower subject to Lender's approval which shall not be unreasonably withheld. 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 lass, Borrower shall give prompt notice to the insurance rvrier mtd Lender. Lender may make proof of lossif not made promptly by Harrower. Unless Lender and borrower otherwise agree in writing, insurance proceeds shall 6e applied to restoration or repair of the Properly 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 m the sums secured by Ihis Security Instrument, whether nr not Then due, wish any excess paid to Rorrnwer. If Ihtrnrx•ur abandons Ihu 1'ngxrly', ur Jucs nnl miswer within JU days n nalicu from Louder thus the insurantt carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the procreds to repair or restore the Property or to pay sums secured by this Security Instrument whether or no[ [hen due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred [o in paragraphs 1 and 2 or change [he amount of [he payments. If under paragraph 19 the Property is acquired by Lender, Bortower's right [o 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. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change [he Property, alloa• the Properly to deteriorate or commit waste: If Ihis Security Instrument is on a leasehold, Borrower shall comply wish the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to themerger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. Tf Borcower 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 to enforce laws or regulations), Then Lender may do and pay For whatever is necessary to protect the value ofthe 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 [he 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 dale of disbursemem at the Nnte rate and-shall be payable, with interest upon notice from Lender to Borrower requesting payment. BODK ~91 PACE A20 ,.~ 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 insurance in effect until Such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. B. Inspection. Lender pr its agent may make reasonable entries upon and inspections o(the Property. Lender shall give Borrower notice at the time otor prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award pr cleirtrfpr damages, direct or consequential, in connection with any condemnation or other taking of any part of [he Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event o(a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or no[ then due, with any excess paid to Borrower. In [he event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the dmount of the proceeds multiplied by tfie 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. If [he Property is abandoned by Borrower, or if, after notice by Lender fn Borrower that the condemnor offers to make sn award or settle a claim for damages, Borrower Fails to respond to Lender within ]0 days otter the dale the notice is given, Lender is:mthorircd In rmllecl and apply the procreds, ul itx option, eilbcr to reshmrtion nr repair of the Property ur to thesums secured by [his Security Lnstrumenl, whether or not then duo. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall opt extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender No[ a Waiver. Extension of the lime (pr payment or modificatipn of umortixation of the sums sn:ured by this Security Instrument granted by Lender M auv successor in interest o(Bprrower shall opt operate m release [he liability of the origirtal Bprrower or Borrower's successors in interest. Lender shall opt he required to commence proceedings against any successor in interest or refuse Io extend time for paymrnt or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by [he original Borroweror Harrower s successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude [he exercise of any right or remedy. Il. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit Ihesuccessors and assigns of Lender and Bottower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall bejoint and several. Any Borrower who co-signs this Security Instrument but does no[ execute the Note: (e) is co-signing this Security Instrument only to mortgage, grant end convey that Borrower's interest in the Property under the terms of this Security InstrumenF, (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 [he terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and tlmt law is finally interpreted so that the interest or other loan charges collected or to be collected in connection wish the loan exceed the permitted limits, then: (a) any such loan charge shall.be reduced by the amount necessary Ip reduce the charge to the permitted limit, and (b) any sums already collected (ram Borrower which exceeded permitted limits will he refunded to Borrower. Lender may choose to make This refund by reducing the principal owed under [he Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment wilhou(any prepayment charge under [he Note. 13. Legislation Affecting Lenders Rightr. If enactment or expiration of applicable laws Mas the effect of rendering any provision otthe Note or This Security Instrument unenforceable according to its terms, Lender, at its option, may rcyuirr immediate payment in hill of all sums secured by Ihis Security Insinmtenl and nmy invoke any remedies permitted by pumgraph 19. If Lender exercises Ihis option, Lender shall take the seeps speuilied in the xeantd paragraph of paragraph 17. 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 he directed to the Property Address or any Mher address Borrower designates by notice Ip Lender. Any notice In Lenticr shall he given by first class mail to Lender's address staled herein or any other address Lender designates by nnlire to Borrower. Any notice proyidttl for in this Security Instrument shall be deemed to have been given to Borroweror Lender when given as provided in this paragraph. I5. Governing Law; Severability. This Security Instrument shall be governed by federal law and the taw pf the jurisdiction in which the Property is Ipcated. In [he event Iha[ any provision or clause o(this Security Instrument or the Note conflicts with applirable law, such conflict shall opt affect other provisions of this Security Instrument.or the Note which can tre given effect withput the conflicting provision. To this end the provisions pf this Security Irtstrumertt and the Note are declared to beseverable. 16. Borrower's Copy. Borrower shall be given pee confprmed copy o([he Nate and of [his Security Instrument. 17. Transfer of the Property or a Beneficial InteresF in Borrower. If alt ar any part pf 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 shell give Borrower notice ofacceleration. The nptice shall provide a period of not less Than JO days From the date the notice is delivered or mailed within which Borrower must pay all sums secured by [his 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 Harrower. 18. Borrower's Right to Reinstele. If Borrower meets certain conditions, Borrower shall have the right to have en(orcemenl of this Security Instrument discontinued at any time prior to the earlier oC (a) 5 days (or such other period as applicable late may specify for reinxtatemenU before sale of the Property pursuant to any prover of sale cpntained in Ihis Security lnstrumenh or (b) entry of a judgment enforcing Ihis Security instrument Thpse conditions are Thal Borrower (s) pays Lender all sums which then would he due under this Security Instrument :cod the Note had nu acceleration occurred; (b) cures any default of any other covenanlti or agreements; (c) pays all expenses incurred in enforcing Ihis Security instrument, including, but not limited to, reasonable a[torneyi fees; and (d) takes such action as Lender may reasonably require m assure that the lien of this Security ]nstrument Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinsmtemem by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, Ihis right to reinstate shall npf apply in the cast of accclemlion under paragraphs 13 pr 17. BOUIt F591 FAGS Q~~ ,~,, NON-UNIFORM COVENwNTS. Borrower and Lender Further covenant and agree as follows: 19. Acceleration; Remedios, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrurltent (but np[ prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender 5hail notify Harrower of, among other things: la) the tletaul[; (b) the action required to cure [he default; (c) when the default must 6e cured; and fd) that failure to cure the default as specified may result in acceleration of the sums secured by [his Security Instrument, foreclosure by judicial proceeding and sale of the Property, Lender shall furtber inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.lf the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument 6y judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but no[ limited to, attorneys' fees end costs of title evidence to the extent permitted 6y applicable Saw. Ze. Lender in Possession, Upon acceleration under paragraph 19 or abandonment of [he Property, Lender (in person, by agent or by judicially appointed receiver) shall be rntitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first [o payment of the costs of management of the Property and collection of rents, including, but not limited [o, receiver's fees, premiums on receiver's hoods and reamnable attorneys' fees, and then to the sums secured by this Security Instrument. 2l. Release. Upon pxymenl of all sums secured by this Security Instrument, Lender shall discharge This Security Instrument without charge [o Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower i time to reinstate provided in paragraph i8 shall extend to one hour prior to the commencement ofbidding xt a sheriff s sale.or other sale pursuant [o this Security Instrument. 2J. Purchase Money Mottgage. If any of the debt secured by this Security Instrument is lent to Borrower [o acquire title to the Properly, this Security Instrumeni shall be a purchase money mortgage. 24. Interest Rutc After Judgment. Ihxmwcr agrees th:u the inlCrcxl role pny;ihk alter ajudgn[unl is entered ou the Nule or in ml action of mortgage foreclosure shall be the rule payable from time to lime under the Note. 25. Riders to this Security instrument. If one or more riders are executed by Borrower and racnrded together with [his Security Instrument, [he 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 n( this Security Instrument. [Check applicable box(es)] x0 Adjustable Rate Rider ^ Condominium Rider ^ 211 Family Rider Q Graduated Payment Rider Q Planned Unit Development Rider ^ Other(s) [specify] BY SIGNING BELOW, BpIIOWer accepts and agrees ID the terms and Covenants Contained in This Security Instrument and in any rider(s) executed 6y Borrower and recorded with it. Witnesses; ~ / ~/~ C~ /~r .............. ...2!{A ~ ..................................... ...-:::// n.~s,7(.~..(LSG./4t.~,.............................(Seal) ~.9'J ~ .. ... ~ St tph n D. T k~ p ~ -e¢rmwer ~. CC~-- } ...................................................................................... .. 2.CLV~ ,, ~.:.~. (Seal) ~ an E. Tucker -emmwer (apace Below This Line For actnowletlgm¢nlt )O COMMONWEALTH OF PENNSYLVANIA, SOU-i-~~• County ss: On this, the ~~` day of ~i~e~, , ]9 87 ,before me, a Notary Public in and for the above County and Commonwealth, the undersigned officer, personally appeared STEPHEN D TUCKER and BEAN E TUCKER hi w'fe known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Instrumeni and acknowledged Shat thev executed the same for the purpose here}j;,Fontained. 9 a° IN WITNESS WHEREOF, I hereunto set my hand and official seal.. ~ i '~'`~"~~.. `~ My Commission Expires: it T"~ ~J,~O:.a?.e%,L-z-" ~'~,stt-. E ~Tit,YsL-u.c VALERIE J. DUNMIRE, NCTARY PUBLIC t>. My Commtsaion Expires April t5, t99t `" .'', ';;: ~`-' HaatsburB, PA llauWila Cowly Title of Officer-`:>. t. i ..,+. "'," I certify that the address of the Mortgagee above-named is _ 234 North Second Street Harrisburg„ Pennsy'vania // 'tit c( ..LI C, 6 ",'~ /en Iorne y. ,:'Y I .. tl 1.... i trJ .`„ . Louis J. tiler, ttorney for Mottgagee p / J'~ t ,..artist,., I _~ .1~ ~ ~ tt~ ~~~~ IYi(:Oale i' [souK ~s9i race $2? ADJUSTAB~.E RATE NOTE THIS NOTE CONTAINS A PROVISION ALLOWING FOR CHANGES IN MY INTEREST RATE. IF MY INTEREST RATE INCREASES, MY MONTHLY PAYMENTS WILL BE HIGHER. IF MY INTEREST RATE DECREASES, MY MONTHLY PAYMENTS WILL BE LOWER. December, 29x,,,,,,,,,,,,,,,,, 1887.., .,,,,Harrisburg,.,,,,..., .,,,,Pennsylyar}ia.„ City State ] Queen Anne Court, Camp Hill, PA 17011 Property Address I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ ..$9,300.00 , , , , , (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is .. , ,First, Federal Sayings and , , .. , , , LoagAssociatiogof Harrisburg,. a,corporation,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 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 that part of principal which has not been paid beginning on the date I receive principal and continuing anti] the full amount of principal has been paid. Beginning on the date I receive principal, I will pay interest at a yeazly rate of .. $ , 4...... %. The interest rate that I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the ...... ,first. (1st), , , , , .. , , , , , day of each month beginning on February, 1,,, ,, , , , , ,, , , , , , , , , , 19 $$... I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If on ....January .1 , , , , , , , , , , , , , , , 20,1,8 , , , , I sill 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 .... ?34. North Second Street, Harrisburg,,,,, , , , , , , , , ,,, , , , , , , , , , , , Pennsylvania,17101,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,, or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments My iniCial monthly payments will be in the amount of U.S. $ ....655 .27 , , , . , , .. , This amount may change to reflect changes in the interest rate that I must pay. The Note Holder will determine my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the ....1st, . , .. , day of ... ?anuary, , , , , , , , , , , , , , , , , , , , 19.$9..., and on that day of the month every .....~?..... months thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an "Index." The Index is the weekly average yield on United States Treasury securities adjusted to a constant maturity of ... oL~€.... years, as made available by the Federal Reserve Board. The most recent Index figure available as of 45 days before each Change Date is called the "Currant Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of its choice. PENNSYLVANIA-FNLMC UNIFORM ADJUSTABLE RATE LOAN-(raeasunv irloexl-sles (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ............. three, , , . percentage points (...... 3..... %) to the Current Index. ~ (see below) The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay in full the principal I am expected to owe on the Change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment. (D) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (E) Notice of Changes The Note Holder will mail or deliver to me a notice before each Change Date. The notice will advise me of: (i) the new interest rate on my loan as of the Change Date; (ii) the amount of my monthly payment following the Change Date; (iii) any additional matters which the Note Holder is required to disclose; and (iv) the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or a paztial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due dates of my monthly payments unless the Note Holder agrees in writing to those delays. My partial prepayment will reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my paztial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law which applies to this loan and which sets maximum loan charges is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of ... 1$.... 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........% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date-must be at least 30 days after the date on which the notice is mailed or delivered 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 its reasonable costs and expenses to the extent not prohibited by applicable law. Those expenses may include, for example, reasonable attorneys' fees. *The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). This rounded amount will be my new interest rate until the next Change Date. In no event, shall my new interest rate represent an increase or decrease or more than .... , ,two (2 )percentage points above or below my current interest rate in any one year and will contain a ..........six . , , . (, 6, ,) percentage point limit on the amount of increase or decrease over [he life of fhe loan. 8. GIVING OF NOTICES , Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by mailing it by first class mail or by delivering it 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 Nate Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety, or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety, or endorser of this Note, is also obligated to keep all of the promises made in this Note, The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAYVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. THIS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Deed to Secure Debf (the "Security Instrument") with an Adjustable Rate Rider, dated the same day 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 and Rider describe how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. Some of those conditions aze described as follows: "Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or an interest therein is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Security Instrument to be immediately due and payable. However, this option shall not be exercised by Lender if exer- cise is not authorized by Federal law. "If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. "Notwithstanding asale or transfer, Borrower will continue to be obligated under the Note and this Security In- strument unless Lender has released Borrower in writing." Witness the hand{s) and seal(s) of the undersigned. , WITNESS: ,~~ %" :--: ~ `.... :.: (~ .. ... , ~~ ............. (Seal) ~j~j~~~C(N Stephe~D. Tucker rower ....: CKCTn ~.... ~. ~~ .......... ~,... ~`: ""'~........ (Seal) Teen E' Tucker Borrower v ........................................... (Seal) Borrower (Sign Original Only) ADJUSTABLE RtATE RIDER THIS ADIU5TABLE RATE RIDER is made this ,.29 th day of ...December ........................ l9._5~..., and h incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Inswment") of the same date given by the tmdersiggned (the "Borrower") to secure Borrower's Adjustable Rare Note to ,. First, Federal .5avinSs, and .Loan.Association.of .Barrisburpar,._a., corporation ,,, ,,,,,_ (the "Lender") of the same date (the "Note") and covering the property described in the Security Instrument and located at: .. ~...Queen.Anne Courtz..CamP, Ai11 >.. PA 17011 ..................................................................................................... (PraperlY Adtlrese) 7hs Note conleins provisions allowing tar ehengss in the interes4 refs. I11he interest rate inerseses, the Borrower's monthly payments will M higher. If the intarost rate dseresess, the Borrower's monthly psymsnb will W lower. AoatTtoNnL Covartnwrs. In addition to the covenant and agreements made in the Security Inswment, Borrower end Lender further covenant and agree as fo0ows: A. INTEB:EST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of ..........8 :0......%. Section 4 of the No[e provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the ........1st day of ......Japuary,,,,,,,,,,,,,,,,,,,,,,,,,, 1989...., and ............ on that day of the month every .........~ ~ .............. months thereafter. Each date on which my interest mte mould change h called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an "index." The Index is the weekly average yield on United States Treasury securities adjusted to a constant maturity of .......°.n? ............. years, as made available by the Federal Reserve Board. The most recent Index figure available as of 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of its choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding .................................. ,,,,,,,,,,,,,,,,,,,,,,, three,,,,,.,.,.. percentage points (............._3......%) to the Current Index. * (see below) The Note Holder will then determine the amount of the monthly payment that would be sufficient m repay in full the princlpat I am expected m owe on the Change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monllily payment. (D) Effective Date of Changes My pew interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment begiming on the first montlily payment date after the Change Date until the amount of my monthly payment changes again. (E) Notice of Changes The Note Holder will mail or deliver to me a notice before each Change Date. The notice will advise me of (i) the new interest rate on my loan as of the Change Date; (ii) the amount of my monthly payment following the Change Date; (iu) any additional matters which the Note Holder is required to disclose; and (iv) the tide and telephone number of a person who will answer any question I may have regarding the notice. B. CHAttGES; LIENS Uniform Covenant 4 of the Security Inswmedt is amended to read as follows: 4. Charges; Liens. Borrower shall pay all taxes, assessments, and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly m the payee thereof Borrower shag promptly famish to Lender all notices of amounts due under this pemgraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument; however, Borrower shall not be required to discharge any such lien so long as Borrower. (a) shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Leader, (b) shall in good ~, GENERAL FORM-FHLMC UNIFORM ADIUSTADLE RATE LDAN-(mfasuxr mgFx>-oleo The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.1257,). This rounded amount will be my new interest rate until the ne;ct Change Date. In no event, shall my new interest rate represent an increase or decrease of more than two (2) percentage points above or below my current interest rate in any one,year and will contain a six (6) percentage point limit on the amount of increase or decrease over the .life of the loan. ., Faith contest such Tien by, or defend against enforcement of such Ben ia, legal proceedings which in the opinion of Lender operate to prevent the enForcement of the lien or forfeiture of the Property or any pan thereof;.or (c) shall secure Gom the holder of such lien an agreement in a form satisfamory to Lender subordinating such Ben m [Iris Security Instrument. If Lender determines that all or any pan of the Property is subject to a lien which may attain a priority over this Security Instrument, Lender shall give Borrower a notice identifying such Ben. Borrower shall satisfy such lien or take one or more of the amions set forth above within ten days of the giving of the notice. C NOTICE Uniform Covenant 14 of the Security Imtmment is amended m read as follows: 14. Notice, Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Security Inswment shall be given by delivering it or by mailing it by first class mail m Borrower at the Property Address or et such other address as Borrower may designate by notice w Lender as provided herein, and (b) any notice [o Lender shall" be given by first class mail to Lender's address stated herein or to such. other address as Lender may designate by notice m Borrower as provided herein. Any notice provided for in [Iris Security Instrument shall be deemed to have been given to Borcower or Lender when given in the manner designated herein. D. UNIFORM SECURITY INSTRUMENT; GOVERNING LAW; SEVERABHITY Uniform Covenant IS of the Security Instmment is amended to read as follows: 15. Uniform Security Instmment; Governing Law; Severnbility. This form of Security Instmment combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument coveriag real property. This Security Instmment shag be governed by Federal law and the law oC the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instmment or the Note conflicts with applicable law, sunh wnflim shall not aRem other provisions of this Security Inswment or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Severity Instmment and the Nofe are declared to be severable. E. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN $ORROWER Uniform Covenant I7 of the Security Instmment is amended to read as follows: 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or an interest therein is sold or transferred (or if a beneficial interest in Borrower is sold or vansferced and Borrower is not a natural person) without Lender's prior written consent, Lendec may, at Lender's option, declare all the sums secured by this Security Instmment to be immediately due and payable. However, this option shall not be exercised by Lender if exercise is not authorized by Federal law. If Lender exercises such option to accelerate, Lender shall mail Bortower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the spurs declared due. IF Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph l8 hereof. Notwithstanding asale or transfer, Borrower will continue to be obligated under the Note and this Security Instmment unless Lender has released Borrower in writing. F. LOAN CHARGES If the loan secured by the Security Instmment is subject to a law which sets maximum loan charges, and that law is finally inferpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed permitted limits, then: (1) any such loan charge shall be reduced by the amount necessary m reduce the charge to the permitted limit; and (2) any sums already collected from Borcower which exceeded permitted limits wBl 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. It a refund reduces principal, the reduction will be [mated as a partial prepayment under the Note. Irv Wrrriass Wrteeaor, Bortower has executed this Adjustable Rate Rider. /1 WIT .....,~.... is ,.... .... Li ,. .. u.. G~L.<~ ...........................................(Seal) S~e:ph D. Tucjs -Bortower qq ~( a 9 a i. ~.._u2:S,:.....: :...._E..., {4~,..!4 :............................................__6($orreower " "Jean E. Tucker -Bortower BOOK ~1~~ )qGi: =~ ~-] fstne orrotael omyl t'd 6Y 1! LOOK FOR U~. Vic ll CiET YOU THERE. May 1, 2001 ACT 91 S ACT 6 NOTICE 1M1~ ~Vlf'1 ~ ~~~ This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose. Specific informatiou about the nature of the default is provided in the attached Wages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (II~MAP) may be able to help to save vour home. This notice explains how the program 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 you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your Counh' are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (7171780-] 8691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your area. The local bar association maybe able to help you find a lawyer. LA NOTII+ICACION EN ADJUNTO ES DE SUMA DVIPORTANCIA, PLIES AFECTA SU DERECHO 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 NLTMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMII2 SU HIPOTECA. P.O. 60X 1711, HARRISBLIR6. PENNSYLVANIA 17105-DI{ Toil Free E-866-WAYPOINT (1-866-929-7646) www.waypointbani<.com HOMEOWNER'S NAME: _Stephen D PROPERTY ADDRESS: _1 Queen Anne Court, Camp Hill, Pa 1701 MAILING ADDRESS: _1 Queen Anne Court, Camp Hill, Pa 17011 LOAN ACCT. NO.: 0082022549 ORIGINAL LENDER: First Federal Savings and Loan Association of Harrisburg CURRENT LENDER/SERVICER: VVavaoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM VOLT 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 • 1F YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAI' YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIItEMENT5 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 WITHIlV THE NEXT THIItTY (301 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 te]ephone numbers of desienated consumer credit counseline 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 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 far specific information about tha nature of your default.) If you have hied and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergene}~ 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 counseling agencies have applications for the program and they will assist you in submitting a complete application to the Penns}+Ivania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IM11~DIATELY 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 TffiS 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 CURL YOUR MORTGAGE DEFAULT (Brine it unto date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: _ 1 Queen Anne Court, Camp Hill, Pa 17011 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:_ payments of $710.48 for the months of March, April and May B. Other chazges: Late chazges $105.16 Total Amount Past Due: _$2236.60 HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT---You may cure the default within THIIZTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2236.60. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's checl: certified check or money order made nayable and sent to: Wavooint Banl: 449 Eisenhower Boulevard Harrisburg. PA 17111 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTI' (30) DAYS of the date of this Notce, the lender intends to exercise its rights to accelerate the morteaee debt. This ~~ means that the entire outstanding balance of this debt will be~considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose upon vour mortoaaed prouerh>. IF TAE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomeys fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attomeys fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period, you will not be required to nay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and al] other sums due under the mortgage. RIGAT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff' s sale. You may do so by pa +~ in2 the total amount then_past due, plus anv late or other charges then due, reasonable attomeys fees and costs conmected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by perfominrg 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 Sheriff s Sale of the mortgaged property could be held would be approximately four months from the date of this Notiee. 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 fmd out at any time exactly what the required payment or action will be by contracting the lender. AOW TO CONTACT THE LENDER: Name of Lender: Wavooint Banlc Address: 449 Eisenhower Blvd.. Harrisbure. PA 17111 Phone Number: (7171 909-2767 or 1-866-929-7646 ext. 2767 Fax Number: (717 909-2780 Contact Person: Todd Mover EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. if you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You _3:_may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale acid that the other requirements of the mortgage are satisfied. e YOU MA`Y ALSO $AVE T1~E RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW MONEY FROM ANOTHER LENDING INSTTPUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIlvIES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXLSTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANI' OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. V ery truly yours, Todd Moyer Collections ComLSelor T'M/nelt If funds are receitred and negotiated in'1es's than the total amount due includu1Q legal fees and costs; ~'aypoint Punk reser~Tes the right to retun~ the funds to you anti continue anth legal proceedings pending receipt of the total amount due, 1. „ , ~~~ ~QOI: =0R U~. wE'Ll 6cT YOU THEP.E. ~@JN96ERL~N~ ~Cb~t~TY ~CCS of Western Pennsylvania, Inc. :000 Linglestown Road iarrisburg, PA 17102 717) 541-1757 =AX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3~d Street Waynesboro, PA 17268 (717) 762-3285 lrban League of Metropolitan Harrisburg d. 6th Street iarrisburg, PA 17101 717) 234-5925 AX (717) 234-9459 :ommunity Action Comm of the Capital Region 514 Derry Street iarrisburg, Pa 17104 717) 232-9757 SAX (717) 234-2227 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAY. (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 P.O. BO:: Dl 1, HARRISBURG. PENNSYLVANIA 17105-i71i Toll r=ree 4-866-VVnvco!NT (l-866-525-7646) www.waypointbanl<.com ~~~IC LOOK FOR US. WE'LL GET YOU THERE. May 1, 2001 ACT 91 ~ ACT 6 NOTICE ®l~'g~ ~®l~l 1' ~ ~~~J 1.7 ~J This is an official nofice that the morteaae on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is urovided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (FIEMAPI may be able to help to save vour home. This nonce exulains how the arooram 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 von meet with the CounselinE Aaency. The name, address and phone number of Consumer Credit Counseline Aeencies serving vour County are lasted at the end of this Notice. If Vou have anv questions, you may call the Pennsylvania Housine Finance AEency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your area. The local bar association maybe able to help you find a lawyer. LA NOTH+ICACION EN ADJUNTO ES DE SUMA IlVII'ORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVII:NDO EN SU CASA. SY NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION DVNEDITAMENTE 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 REDDVIIlZ SL1 HIPOTECA. P.O. BOX 1711. HARRISBURG, PENNSYLVANIA 17105-1711 Toll Free 1-866-WAYPOINT (I-866-925-7646) www.waypointbanlccom „ . ., HOMEOWNER'S NAME: Sean E Tucker PROPERTY ADDRESS: _1 Queen Anne Court, Camp Hill, Pa 1701 MAII.,ING ADDRESS: _1 Queen Anne Court, Camp Hill, Pa 17011 LOAN ACCT. NO.: OOS2022849 ORIGINAL LENDER: First Federal Savings and Loan Association of Harrisburg CURRENT LENDER/SERVICER: Wayooint Sank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIIiLE FOR FINANCLAL 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 MAI' BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE • IF YOUR DEFAULT HAS BEEN CAUSED BY CII2CUMSTANCES BEYOND YOUR CONTROL, Ib' YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • Hi YOU MEET OTHER ELIGIBYLITY REQUIREMENTS ESTABLISHED BY THE TEMPORARI' STAY OF FORECLOSURE---Under the Act, you aze entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that tune 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 THIItTI' (301 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 ]ender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desiaztated consumer credit. counseling agencies for fhe count~~ in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default,) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so; you must fill out, sign and file a completed Homeowner's Emergency Assistaztce Program Application with one ,. . of the designated consumer credit counseling agencies listed at the end of this 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 postmazked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IlVINIEDIATELY 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 THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: _ 1 Queen Anne Court, Camp Hill, Pa 17011 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:_ payments of $710.48 for the months of Mazch, April and May 2001. B. Other charges: Late charges $105.1 Total Amount Past Due: $2236.60 HAVE FAII.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 $2236.60. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAI' PERIOD. Payments must be made either by cash. cashier's check, certif ed check or money order made uayable and sent to: W ayooint Banl: 449 Eisenhower Boulevard Harrisburg, PA 1711 I IF YOIT DO NOT CURE THE DEFAULT---If you do not cure the default within THIIZTI' (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the mortQaQe debt This ~, . .. means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monody installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the ]ender also intends to instruct its attorneys to start legal action to foreclose upon vour mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay al] reasonable attorney's fees actually incurred by the ]ender even if they 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 you cure the default within the THIRTY (301 DAY period, you will not be reouired to nav attorney's fees. OTHER LENDER REMEDIES---The ]ender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIF'F'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff s sale. You maV do so by payine the total amount then mast due,plus anv late or other charges then due, reasonable attomev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff s Sale_as specified in writine by the ]ender and by nerforming 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 Sheriff's Sale of the mortgaged property could be held would be approximately four months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Waypoint Bank Address: 449 Eisenhower BIvd., Han-isburg, PA 17I I I Phone Number: (717) 909-2767 ar 1-866-929-7646 ext. 2767 Fax Number: (717)909-2780 Contact Person: Todd Mover EFFECT OF SHERIFFS SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the ]ender at any time. ASSiTMPTION OF MORTGAGE---You _X_may or Jmay not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. :~ • • ~ • 5 [ k ~ ~i ~ YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN 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 TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEED PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, ~. ~~ Todd Moyer Collections Counselor TM/nek If funds are receired and negotiatecl'in less than the total amount due including 1ega1 fees and costs; ~%appoint P~aril~ reser~Tes the right to ., return. the funds to qou and continue with legal proceedings pending receipt of tb.e total amount due. • ~ k • . ~. ~ ~~ R ~ r~ ~-~ -i C; __ ~ °7 Y~ ~-N {~~ ~ ~'~ m;- `r . ~ .G.,-~ :. ' rJ ~~ ~ i =~ c~ - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF APvIERICA Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 30, 2001 10-day Default Notices in the above-captioned matter were mailed to the Defendants Stephen D. Tucker and Jean E. Tucker 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. Rig s, Jr., Es i (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants TO: Stephen D. Tucker 1 Queen Anne Court Camp HiII, PA 17011 DATE OF NOTICE: November 30, 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 a ~_ Benjamin .Rig s, Jr. (I.D. #72030) Attorney for Plaintiff P, O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK F!K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants TO: Jean E. Tucker 1 Queen Anne Court Camp Hill, PA 17011 DATE OF NOTICE: November 30, 2001 No. 01-4435-Civil 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. Rigg , Jr., Atto~r P Plaintiff (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 C~ r.; . r, C -- =r. ~: _ J{`j [:~ L ` ~:: `_ - -c ~ C.: -,r~i .~ ~'=~i ~ _.~ .J -` (~ _.... _. 4 - .. ?x~{~a~~r~~+~.-- _,,.~~~ ~ ~~--x~ ,~,w mn*~~am~wep[u~~craas*.pp.. NOV-26-2081 11 29 WAYPOINT BANK t 717 852 7936 P.02i93 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN W ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A • YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND . HARRIS SAVINGS SANK Plaintiff vs. No, 01-4435-Civil STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants STIPULATION It is hereby stipulated and agreed by and between counsel for plaintiff, and the Defendant, United States of America, as follows: 1. That the premises refiened to in the Complaint is owned by the pefendants. 2. That the Federal tax liens refierred to in paragraph "5" of the plaintiff's Complaint in the amount of $17,404.39 is junior in time to the Plaintiffs mortgage set forth in paragraph "7" of said Complaint. 3. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 4. That the Defendant United States of America, is not indebted to the Plaintiff. =~. NOV-26-2001 11.29 WAYPOINT BRNK 717 852 7936 P.03i03 5. That the aforesaid premises shall be sold at a judicial sale, notice of which shall be served on the Defendant, United States of America. 6, That the judicial sale of said property shall discharge the Federal Tax Liens referred to in paragraph "5" of Plaintiffs Complaint. 7. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Financial Litigation Unit, United States Attorney's office, Suite 309, Federal Building, Scranton, Pennsylvania 18501. g. That the Defiendant, United States of America, preserves its right of redemption as provided in Title 28, United States Code, Section 2410(c). 9. The parties to this Stipulation shall bear their own respective costs in this proceeding. MARTIN C. CARLSON U.S. Attorney Dated: t t ~ 3 c) o f gy; J H J. TERZ Assistan U.S. Attorney, Attomey for Defendant, United Slates of America Dated: G~ `~~~ By. BENJBENJ-RIG . Attorney for Plaintiff TOTRL P.03 :~-. c_ 4 .. - T. _ -_~ ~~;~, :-: ~~_ ._ ~,~~ - ~> << --_ =~ ` -~' _ „ ~~~~ =~ ~ .: ' -F.F~ -`T+~P ,. ...: Y§m^5~pG':.. x. ,. .-.-~: r ~.-.:.-:.t ~r.n 4?~:E. rr5~.n. i_:'19R&'h`~9i3HrYt";. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No.01-4435-Civil STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants AFFIDAVIT The Affiant hereby affirms that he served the Defendant The United States of America -Internal Revenue Service on November 19, 2001 at 1111 Constitution Avenue, NW, Washington, DC 20224-0001 and Federated Investors building -13th Floor, 1001 Liberty avenue, Pittsburgh, PA 15222 and to the U.S. Attorney's Office at the Federal Building 2"d Floor, Suite 217, 228 Walnut Street, Harrisburg, PA 17101 by certified mail, return receipt requested with the Complaint -Mortgage Foreclosure. Affiant Ben' min F. , Jr. COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK ss. On this ~Y~ day of November, 2001, before me, a Notary Public of the Commonwealth and County aforesaid, personally appeared Benjamin F. Riggs, Jr. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~ G ~ Notary Public My commission expires: Bridget C. Gallagher, t:~~i2ry Rublic . York, Yori, County A+9y Commisciara F;; fires ~ I :. T 1 n ~i ~- "" __ L.; ° - ~C: 4 ti. - ~y ~ "Tl ~ •v ~ J \ Y. _.. .. ... _...._ __.. _. .~6F*'rm <ar,-~ ,.._;nTM ia. ~.aH£'na~ar ,~~e ~-~3si45~fn_".,.. Rt~~ ,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - -MORTGAGE FORECLOSURE WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION - Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 7, 2001 10-day Default Notices in the above-captioned matter were mailed to the Defendants Stephen D. Tucker and Jean E. Tucker, by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin iggs, Jr., uire (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 1 7 1 05-1 71 1 Telephone: (717) 815-4518 ~. )' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION --MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER Defendants TO: Stephen D. Tucker 1 Queen Anne Court Camp Hill, PA 17011 DATE OF NOTICE: September 7, 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: (Z17) 240-C~00 Benjamin F. 9tiggs, Jr (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - -MORTGAGE FORECLOSURE WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER Defendants TO: Jean E. Tucker 1 Queen Anne Court Camp Hill, PA 17011 DATE OF NOTICE: September 7, 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 v L- Benjamin F. Rig s, Jc, A r'n y for Plaintiff (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 '~, ~ ~' -> ~ :~ ~ ~ ;T, ~ _~' `~ - _' ~ - ~~ _. -~,~ , ~~ ~ - _~`~ . ~:, pG~ 1 : ^ ~ = c ~-~ ~:~ ' . .- yAx~F'_ >. Ill ._ g3~ a-s3.o- 4YaaY3t i&F^*z1?49~ ,r.: _, _._ SHERIFF'S RETURN - REGULAR r "~. CASE NO: 2001-04435 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS TUCKER STEPHEN D BRIAN 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 TUCKER STEPHEN D the DEFENDANT at 0950:00 HOURS, on the 26th day of July 2001 at 1 QUEEN ANNE CT CAMP HILL, PA 17011 by handing to STEPHEN TUCKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ~ day of ~,tnw" /~~~ / A . D . ~ hu.~~ ~G ~01~. r thonotary So Answers: ~~_a R. Thomas Kline 07/27/2001 WAYPOINT BANK G~~2U/y/ By : .11~ '/ C Deputy Sheriff SHERIFF'S RETURN - REGULAR y -' `~ CASE N0: 2001-04435 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS TUCKER STEPHEN D ET AL BRIAN 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 TUCKER JEAN E the DEFENDANT at 0950:00 HOURS, on the 26th day of July 2001 at 1 QUEEN ANNE CT CAMP HILL, PA 17011 by handing to STEPHEN TUCKER, HUSBAND 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this q'~ day of ,r,,L!- a20nny l A. D . r thonotary So Answers: ~-,y'r~~'~ --^P R. Thomas Kline 07/27/2001 WAYPOINT BANK ;/~ By. ~~2~"°~ t Deputy Sheriff SHERIFF'S RETURN - NOT SERVED CASE N0: 2001-04435 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOZNT BANK VS TUCKER STEPHEN D ET AL R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: TERZ JOSEPH J US ATTORNEY unable to locate Them in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the NOT SERVED as to the within named DEFENDANT TERZ JOSEPH J US ATTORNEY CAN NOT CERT MAIL WITHIN PA Sheriff's Costs: Docketing Service Affidavit Surcharge So answer 6.00 .00 .00 IY. THOMAS K INE 10.00 SHERIFF OF CUMBERLAND COUNTY .00 16.00 WAYPOINT BANK 11/21/2001 Sworn and subscribed to before me this .29 ~ day of ~/,w ~~p/ A.~Dy.^~~, Pr t onotary SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-04435 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT VS TUCKER STEPHEN D ET AL R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: UNITED STATES OF AMERICA IRS unable to locate Them in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the NOT SERVED as to the within named DEFENDANT UNITED STATES OF AMERICA IRS CAN NOT CERT MAIL WITHIN PA. Sheriff's Costs: Docketing Service Affidavit Surcharge So answern• ~~. .00 ~~ .00 THOMAS KLINE 10.00 SHERIFF OF CUMBERLAND COUNTY .00 16.00 WAYPOINT BANK 11/21/2001 Sworn and subscribed to before me this ~ ~4 - day of~,~~„_ ?o-JP n.D. ----- ~ o arv' . ~7`' SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE N0: 2001-04435 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT BANK VS. TUCKER STEPHEN D ET AL R. Thomas Kl Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,UNITED STATES OF AMERICA _, by United States Certified Mail postage prepaid, on the 25th day of October ,2001 at 0000:00 HOURS, at INTERNAL REVENUE SERVICE 1111 CONSTITUTION AVE NW WASHINGTON, DC 20224 a true and attested copy of the attached COMPLAINT - MORT FORE Together with The returned receipt card was signed by on 00/00/0000 . Additional Comments: GREEN CARD WAS NEVER RETURNED FROM POST OFFICE. Additional Comments . Sheriff's Costs: So ans ~ s: _ <° '~ Docketing 6.00 / RAJ' ' Cert Mail 5.52 ~ Thomas Fline Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 .00 21.52 Paid by WAYPOINT on 11/21/2001 Sworn and subscribed to before me this ,24~= day of~., ~_A.D. C~--~~~Ew 11~n~. thonotary ~ - ~~„~~. SHERIFF'S RETURN - REGULAR CASE NO: 2001-04435 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT VS TUCKER STEPHEN D ET AL DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TUCKER STEPHEN D DEFENDANT the at 1845:00 HOURS, on the 25th day of October 2001 at 1 QUEEN ANNE CT HILL. PA 17011 STEPHEN D TUCKER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this d4~" day of ~hu2c~ G. ~ ~I~(~eG.._>rd rothonotary So Answers: ~~~%~ R. Thomas Kline 11/21/2001 WAYPOINT BANK By . Z~x~L ~-fliaar-- eputy Sheriff r SHERIFF'S RETURN - REGULAR CASE N0: 2001-04435 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS TUCKER STEPHEN D ET AL DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TUCKER JEAN E the DEFENDANT at 1845:00 HOURS, on the 25th day of October 2001 at 1 QUEEN ANNE CT CAMP HILL, PA 17011 by handing to JEAN E TUCKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~9~ day of w~r<-tom ,Za/y~/ A . D . p ~Q ~ Prothonotary So Answers: ~~~ ,. R. Thomas Kline 11/21/2001 WAYPOINT BANK ~ n By • ~-7.~-,ti Y.~w~ Deputy Sheriff Waypoint Bank f/k/a York Federal Savings and Loan Association and Hams Savings vs Stephen D. Tucker, Jean E. Tucker and The United States of America In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4435 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STATED pursuant to instructions from Attorney Benjamin F. Riggs. Sheriff s Costs Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Law Journal . Patriot News 30.00 30.00 15.00 .50 1.00 25.20 20.70 15.00 15.00 1.21 224.48 390.95 328.1'5 $1097.19 paid by attorney 6/20/02 Sworn and subscribed to before me Songs ~/~.~ This ~ V =' day of _ R. Thomas Kline, Sheriff 2002, A.D. ~ B r~ yU Prothonotary Real $st to Deputy 1.5~ Wit.. a7o,3~ /~.~. y v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants No. 01-4435-Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 1 Queen Anne Court Camp Hill, PA 17011 1. Name and address of Owner(s) or Reputed Owner(s). Name Stephen D. Tucker Jean E. Tucker Address 1 Queen Anne Court Camp Hill, PA 17011 1 Queen Anne Court Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: Name Stephen D. Tucker Jean E. Tucker Address 1 Queen Anne Court Camp Hill, PA 17011 1 Queen Anne Court Camp Hill, PA 17011 t 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) Internal Revenue Service 1111 Constitution Avenue - NW Washington, DC 20224-0001 United States Attorney's Office Internal Revenue Service East Pennsboro Township Attn: Joseph J. Terz Federal Building, 2nd Floor Suite 217 228 Walnut Street Harrisburg, PA 17101 Federated Investors Building 13th Floor 1001 Liberty Avenue Pittsburgh, PA 15222 98 South Enola Drive Enola, PA 17025 4. Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Corestates Bank, N.A. 5. Not applicable. Name Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 P.O. Box 4008 Lancaster, PA 17604 Name and address of every other person who has any record lien on their property: 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) Cumberland County South Hanover and High Streets Tax Claim Bureau Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) N/A I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ~~~;~~ Benjamin F. Riggs, Jr., A or ey for Plaintiff I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: STEPHEN D. TUCKER 1 Queen Anne Court Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on June 5, 2002, 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: 1 Queen Anhe Court Camp Hill, PA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 01-4435-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: STEPHEN D. TUCKER JEAN E. TUCKER A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, 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 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 Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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: <? f ~ fa .~ Benjamin .Riggs r Attorney for the Plaintiff (I.D. #7203D) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. STEPHEN D. TUCKER JEAN E. TUCKER UNITED 5TATES OF AMERICA Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: JEAN E. TUCKER 1 Queen Anne Court Camp Hill, PA 17011 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on June 5, 2002, 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: 1 Queen Anne Court Camp Hill, PA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 01-4435-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: STEPHEN D. TUCKER JEAN E. TUCKER A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, 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 FREE 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 Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cdunty Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: ~ ~~~~ ~ ,, e. Benjamin F Riggs, J Attorney for the Plainti (I.D. #72030) ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA)' NO01-4435 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO TIIE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK PLANTIFF(S) From STEPHEN D TUCKER JEAN E TUCKER UNITED STATES OF AMERICA (1) You aze directed to levy upon the property of the defendant(s) and to sell REAL PROPERTY OF DEFENDANT SEE EXHIBIT A (2) You aze also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/aze enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If properly of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,419.97 L.L.$ 0.50 Interest FROM 6/06/02 $18,5944 PER DIEM LATE CHARGES FROM 6/6/02 AT 5% PER MONTHLY PAYMENT AMOUNT CURRENTLY $35.52 PER MONTH Due Prothy $1.00 At1y'S Comm Other Costs Atty Paid $2.50 Plaintiff Paid $233.02 Date: FEBRUARY 12, 2002 REQUESTING PARTY: Name : BENJAMIN F RIGGS JR ESQ CURTIS R. LONG Prothonotary, Civil Division BY~ ~e~ L ls_ hl,~P,~.u~~Qp~, / / / ` Address: P O BOX 1711 HARRISBURG, PA 17105-1711 Attorney for: PLFF Telephone: 717-815-4518 Supreme Court ID No. 72030 ,x~~.~ REAL ~ESTMATE SALE ~V~. ~~ On February 222002, the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered as l ~ ~u~en Anne Court, Camp Hill and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 22, 2002 By: ~u0ta1 ,5~ Real Estate Deputy ~s~~~`i'~ }' c1~,13d ~'1b ~-'.~ ~`~ E ~1 e3~ ,;rio d~12i3 v~ ~~j~~ -. ,- ~.„~E i y.vaw~~gx~§n~Fh... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Joumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~- ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002_ LOiS E R, rotary qttyy ppy I~t 5, 205 :~~~. 13EAI. ESTATE SALE NO. 28 Writ No. 2001-4435 Civll Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank vs. Stephen D. Tucker, Jean E. Tucker and The United States of America Atty.: Benjamin F. Riggs ALL that lot or tract of land situ- ate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more pazticulazly bounded and described as follows, to wit: BEGINNING at a point on the Northern right-of--way line of Queen Anne Court at the dividing line of Lot No. 16 and Lot No. 17 as shown on a Final Subdivision Plan. of Vic- toria Glen Section II: thence by the aforementioned dividing line North 6 degrees 30 minutes 10 seconds East 162.13 feet to a point on line of land now or formerly of Ridley Park recorded in Deed Book N, Vol- ume 19, page 559; thence by the aforementioned ]ands North 79 de- gpees 53 minutes 56 seconds East 49:00 feet to a point on the dividirtng Ifne of Lot No. 15 and Lot No. 16; thence by aforementioned dividing 13ne South 9 degrees 19 minutes 57 seconds East 164.59 feet to a point on the northern right-of-way line of Victoria Way: thence by aforemen- tioned right-of-way line by a curve to the left having a radius of 200.00 feet an arc length of 23.53 feet to a point; thence by same by a curve to the.right having a radius of 15.00 feet an azc length of 21.46 feet to a point on the northern right-of-way line of Queen Anne Court; thence by the aforementioned right-of-way line North 71 degrees 51 minutes 30 seconds West 66.89 feet to a point, being the place of BEGIN- NING. BEING Lot No. 16 as shown on a Final Subdivision Plan of Victoria Glen Section II, recorded in Plan Hook 49. Page 49. UNDER AND SUBJECT to all ap- plicable restrictions, reservations. easements and rights-of way of rec- ord. BEING KNOWN AND NUMBERED as 1 Queen Anne Court, Camp Hill Pennsylvania 17011. BEING THE SAME PREMISES which The Homestead Group by its Deed dated August 3, 1987 and re- corded in the Office of the Recorder cf Deeds in and fcr Cumberizna3 County on August 6, 1987 in Record Book V-32, Page 866, granted and conveyed unto Stephen D. Tucker and Jean E. Tucker, the Defendants herein. t 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and -published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #26 7tn A.D. Nofarlal Seal / yI~/,/ Terry L. Fluss@II, Notary Public / /y 6~%' J" ` Hartlsburg, Dauphin County My commission Expires June 6, 2002 N TARY PUBLIC Member, Pennsylvania Assosiatbn of NotariesMy commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS CFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dc For publishing the notice or publication attached hereto on the above stated dates $ 326.40 Probating same Notary Fee(s) $ 1.75 Total $ 328.15 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday 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 .................................................................... - - mvu iurrn - __ ~ ~ - WpyPoint Bank f/k/N _ -Polk Federal Sevinps et :.. .Loan Aesaa and °'lfvtvris,hgs Benk ->SLL Ihat I_ot or [mct of (and situate m East ~edosbo`rd- Tawasbip, Cumherlaod County, CommonwsaHk of Pennsylvania, more _ hounded and~escritK¢ as kllowz to ., t: BEGHVNBJG at a paint on the Northam rightrof- ~~~line of Queen 0nae.CouSt ai 1!u'. dividing :`~fn. nl`f nt No_16 and lAt No, 17 asshoua on a. ~iqt m {ine of land naa or. :y Park recorded m Deed Book page-.5$9; thence by the lands, No[th 79 degrees 53 dsF.as~ 49A0 feet to a point on of taLNo. I5 and IAt Na.16; icndoned dividing line Saulh 9 es 57 secondb East [64„59 feel utitdrem tiehtrot-wav line of a 8 Queen Anne Coutt~, thence by the aforementioned rightgf-way line Norih 71 degrees5l minutes 3D ser~nds West 66.89 feet m a~[nT,being the pace of HEGWNWG. n ~t No. 16 as shown on a Final Bubilivision Plan of Vuloria Glen Section H, >~+~~'~ Plan Book 49, Page 49. UN6~2 AND~SUHJECf to all applicable setrictions, resen~ations, easemems and rights- of-way oirecord, -. - - BEIN~`i~SNOWh,3ad uumhered as 1 Queen Arme Coait. Camp Hill, Pennsylvania 1701E rdffi iglhe0tiu:e of the Becorder_ and -fw Cambctland County on Iin-BecoN b~k V3~ Page 866, _ oiur'yed unto Stephen D. Tucker Ikea. the nP n gher is a, ..aw ~ ..c ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants No. 01-4435-Civil 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 STEPHEN D. TUCKER and JEAN E. TUCKER in favor of Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank for the following: Amount Due Per Amended Complaint .......... $81,913.03 Interest from 10/11/01 through 6/5/02 (inclusive) at $18.5944 per diem ...... $ 4,364.86 Late Charges from 10/11/01 through 6/5/02' (inclusive) at $35.52 per month........ $ 142.08 TOTAL AMOUNT $86,419.97 with interest from 6/6/02 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $18.5944 per diem, from 6/6/02, late charges from 6/6/02 at 5% of the monthly payment amount, currently $35.52 per month, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate. C7 C~ C~ C_ i^+,3 ~ rf - ~~' ~ __ r\V ~ ~ ~ J '. Y l ~~ J l ~ Cs ~ .: i "~ ~ 9.v S~ `T ~~ 4.. ~ ` -~ ~ ~ ~, , ~ ~ N _7 ~ _tr: -%7 ~ ~ ~ I HEREBY CERTIFY that on November 30, 2001 a 10-day Default Notice in the above- captioned matter was mailed to the Defendants Stephen D. Tucker and Jean E, Tucker by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F. iggs, Jr., o sel Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72030 ,>.~~,~, , /~- , 2002 Judgment entered by the Prothonotary this day according to the tenor f the above statement. R_ a°~.,,. ~, Prothono IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants No. 01-4435-Civil ~Retrmt~mP ~~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 30, 2001 10-day Default Notices in the above-captioned matter were mailed to the Defendants Stephen D. Tucker and Jean E. Tucker 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. Rig s, Jr., Esr i (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 ~' , , n -new . ~~•~ ~- r<~ n-r ~ ~ - - " = ~..~, r E Z C:~ a ~ ~- ;< _ .. _ ^ -% ,~ ~~ ~ c ~ '-rte ~_'i c.~ e~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK FiWAYORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants TO: Stephen D. Tucker 1 Queen Anne Court Camp Hill, PA 1701' DATE OF NOTICE: November 30, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE tN 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 GE7 LEGAL HELP. COURT ADMINISTRATOR Fourth F{oor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717J 240-6200 _ Benjamin F. Rigs, Jr. ~ (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK F!K/A YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STA'i-E5 OF AMERICA Defendants TO: Jean E. Tucker 1 Queen Anne Gourt Camp Hill, PA 17011 DATE OF NOTICE: November 30, 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 OBJECTLONS 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 Floar Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 Benjamin F. Rigg;,, Jr., Attoi f Plaintiff (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 ~~ r> ~~ .~=. _ ~,:, ~v r r , ~,, ~ =~~., _ c- ~ fir., . <: "a _ _ n ~~ J ~ ~ `i _~_ ... - -kbTdt rt ~ N~'*=tiii%C •`Y +N.u AY "l"am _. 'r.- _ OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 Jean E. Tucker 1 Queen Anne Court Date Camp Hill, PA 17011 No. 01-4435-Civil RE: WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK ,Plaintiff VS: STEPHEN D. TUCKER AND JEAN E. TUCKER, Defendants Notice is given that a judgment in the above-captioned matter has been entered against you on February ~, 2002. PROTHONOTARY OF CUMBERLAND COUNTY B~,u. (,L `~Lc e2e~. £ierk-or Deep 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) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. 01-4435-Civil STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA 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 Stephen D. Tucker and Jean E. Tucker's last-known address is 1 Queen Anne Court, Camp Hill, Pennsylvania 17011. Sworn and subscribed before me this ~~ day of February 2002 Notary Public Benjamin F. Rggs, Jr., Attorney for Plaintiff I.D. No. 72030 My Commission expires: Noiarial Seal ~~ Bridget C. Gallagher, Notary Pubfc York, Yo~~k County My Commission Expires Feb. 22, 2gg3 {3 ~-,. J' f__w i_y, `!a ~~: ,~~._; -'•rar ~ "a` r* ~f. ? ... -mR _ - ~~W»»?vapr~Y`~a .,var a u'usss5 +4dneF-?~=3%u .. .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA 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, Pennsylvania; (2) against STEPHEN D. TUCKER and JEAN E. TUCKER Defendants. (3) and index this writ against STEPHEN D. TUCKER and JEAN E. TUCKER, 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 East Pennsboro Township, Cumberland County, as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $86,419.97 Plus Costs with interest from 6/6/02 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $18.5944 per diem, from 6/6/02, late charges from 6/6/02 at 5% of the monthly payment amount, currently $35.52 per month, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate. Dated: ~ 7 b ~- ~i~°+~ Benjamin F. iggs, Jr., uire Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72030 ~~ ~. Y a ALL that lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern right-of-way line of Queen Anne Court at the dividing line of Lot No. 16 and Lot No. 17 as shown on a Final Subdivision Plan of Victoria Glen Section II: thence by the aforementioned dividing line North 6 degrees 30 minutes 10 seconds East 162.13 feet to a point on line of land now or formerly of Ridley Park recorded in Deed Book N, Volume 19, page 559; thence by the aforementioned lands North 79 degrees 53 minutes 56 seconds East 49.00 feet to a point on the dividing line of Lot No. 15 and Lot No. 16; thence by aforementioned dividing line South 9 degrees 19 minutes 57 seconds East 164.59 feet to a point on the northern right-of- wayline of Victoria Way; thence by aforementioned right-of-way line by a curve to the left having a radius of 200.00 feet an arc length of 23.53 feet to a point; thence by same by a curve to the right having a radius of 15.00 feet an arc length of 21.46 feet to a point on the northern right-of-way line of Queen Anne Court; thence by the aforementioned right-of-way line North 71 degrees 51 minutes 30 seconds West 66.89 feet to a point, being the place of BEGINNING. BEING Lot No. 16 as shown on a Final Subdivision Plan of Victoria Glen Section II, recorded in Plan Book 49, Page 49. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of way of record. BEING KNOWN AND NUMBERED as 1 Queen Anne Court, Camp Hill Pennsylvania 17011. BEING THE SAME PREMISES which The Homestead Group by its Deed dated August 3, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on August 6, 1987 in Record Book V-32, Page 866, granted and conveyed unto Stephen D. Tucker and Jean E. Tucker, the Defendants herein. i rr <q~ C =:.`~ ~ W ~-.. .v_' f ;~ _:~ rv - T.. ~ -n ~T i._ r~~ i ._ 9 W ~ ~ ~Y1`~~ ,~~~dv~ mmr ®M. ~&fKiH~ ,:,•;> _.:r<: ~q:? {t .~»~. cares~^r+s~ssimq,, „~ , P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: JEAN E. TUCKER 1 Queen Anne Court Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on June 5, 2002, 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: 1 Queen Anne Court Camp Hill, PA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 01-4435-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: STEPHEN D. TUCKER JEAN E. TUCKER 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 gY.. municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET 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 Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 seared 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: ~ J~~d ~ :.. ~2 .~ Benjamin F Riggs, J Attorney for the Plaintiff (I.D. #72030) „,~„ ~, c7 -, f'E Y . . ,~7 CZ~ ~ ~-h ~ -, cn? -~ -[- r~; _ ~:~ - ~ -_`-. - L .. ~~, i _ ~ ~. C:;J _~ - -,.- 4+v:T.s!MI^`...c ;atwgv~iA lE€YkT4"-1.~:Y9fi s~. pis -. .. .. ... 14 _ , ... s~z._... nr ~' -x.a. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS No. 01-4435-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D, TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 1 Queen Anne Court Camp Hill, PA 17011 1. Name and address of Owner(s) or Reputed Owner(s). Name Stephen D. Tucker Jean E. Tucker Address 1 Queen Anne Court Camp Hill, PA 17011 1 Queen Anne Court Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: Name Stephen D. Tucker Jean E. Tucker Address 1 Queen Anne Court Camp Hill, PA 17011 1 Queen Anne Court Camp Hill, PA 17011 t 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) Internal Revenue Service 1111 Constitution Avenue - NW Washington, DC 20224-0001 United States Attorney's Office Internal Revenue Service East Pennsboro Township Attn: Joseph J. Terz Federal Building, 2nd Floor Suite 217 228 Walnut Street Harrisburg, PA 17101 Federated Investors Building 13th Floor 1001 Liberty Avenue Pittsburgh, PA 15222 98 South Enola Drive Enola, PA 17025 4. Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Corestates Bank, N.A. Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 P.O. Box 4008 Lancaster, PA 17604 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) Cumberland County South Hanover and High Streets Tax Claim Bureau Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) N/A I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or ihformation 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: %~~U,, a ^,~ ~' ` Benjamin F. Riggs, Jr., A or erS y for Plaintiff I.D. No. 72030 C} - CJ <_ t\,i ~ Jt,'. ..~ _, ~:. _ r,~ ~ , v; -' r~, r=~+_ 'i ._~ =':J '=n _. _ .YGPU~~eat1~'meAa€RSf.~°xtsr=~,a :- ~.. _.*~s , s grow rk~~:K4ma dr18PS~ _., _ __ -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE WAYPOINT BANK F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. STEPHEN D. TUCKER JEAN E. TUCKER UNITED STATES OF AMERICA Defendants No.: 01-4435-Civil PRAECIPE TO DISMISS AND SATISFY Please dismiss and satisfy the judgment that was filed on February 12, 2002 in the amount of $86,419.97 in relation to the above-referenced matter. Dated: September 5, 2002 By: Benjamin F. Riggs, Jr. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ~, 7 ~i 2' ;i1 e r; ~ ~' T _ ~ `i ~ 7 ? G~ !, , i~.` s ___ c !`. r ~` ._ 7 CT+ p~: }~ xa~~~ryo~i~#~6RA~#. _ CF`TZ~t=isE 3x,r ~mr'~,m ~Ef m5~~~1~~W ,I~r~`?.