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Home My WebLink About99-05372a l v N h `e L 0 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND SS. Robert P Ziegler I, ---------------------------------------- -- ---- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ------ York Federal Sava & Ln Assoc ------------------------------------------------------------------------------------ is the grantee 7th the same having been sold to said grantee on the ----------------------------------------------- day of ---------- June------------------------ A. D. yg2000___ under and by virtue of a writ______________ ----- -------------------------------- issued onthe---- 27th January ----------------- ? - A D 2000 , out of the Court of Common Pleas of said County as of day of - ------------ Civil 99 ------------------------------ -------------------------------------------------- Tenn, 19------- 5372 York Fed Savo & Ln Assoc Number --------°---->atthesuit of --------------------------------------------------------------- -------- against - George L Hefflefinger Jr & Dawn A ------ ---------------------------------------- duly recorded in Sheriff's Deed Book No. a2 ?(Q__, page IN TESTIMONY WHEREOF, I have hereunto sct my hand and seal of said office this _-- ^!f__ day of -------- L'cc ---- ------ D.,48z rof Deeds "fy. f A York Federal Savings and Loan In the Court of Common Pleas of Association Cumberland County, Pennsylvania -vs- No. 1999-5372 Civil George L. Hefflefinger Jr. and Dawn A. Hefflefinger Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on February 3, 2000 at 7:29 o'clock P.M. EST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Dawn Hefflefinger by making known unto Dawn Hefflefinger at 5217 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, says on March 29, 2000 at 12:01 o'clock P.M. EST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Dawn Hefflefinger and George Hefflefinger located at 19 Sunset Drive, Mechanicsburg Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the wihtin named defendants to wit: Dawn Hefflefinger by First Class Mail to her last known address 5217 East Trindle Road, Mechanicsburg, Pennsylvania. This letter was mailed under the date of March 30, 2000 and returned to the Sheriffs Office on April 3,2000 with reason return to sender no forward order on file. R. Thomas Kline, Sheirff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the above entitled action in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the withinnamed defendants to wit: George L. Hefflefinger by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to his last known address 301 North Progress Avenue, Harrisburg, Pennsylvania. This letter was mailed under the date of March 29, 2000 and received by George Hefflefinger on March 31, 2000 the return receipt card signed by George Hefflefinger. R. Thomas Kline, Sheriff who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants to wit: George L. Hefflefinger Jr, but was unable to locate him in his bailiwick. He therefore deputized the Sheirff of Dauphin County to serve the within Real Estate Writ Notice Poster and Description according to law. Dauphin County Return: Now April 7, 2000 at 5:35 PM served the within Real Estate Writ, Notice Poster & Desp. Upon George L. Hefflefinger Jr by personally handing to deft 1 true and attested copy of the original Real Estate Writ, Notice Poster & Desp. and making known unto him the contents thereof at 301 North Progress Avenue, Harrisburg, PA. So answers: J.R. Lotwick, Sheriff. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendnecy of the action to one of the within named defendants to wit: George L. Flefflefinger Jr by first class mail to 301 North Progress Avenue, Harrisburg, Pennsylvania. This letter was mailed under the date of April 17, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at Court House Carlisle, Cumberland County, Pennsylvania on June 7, 2000 at 10:00 o'clock A.M.EDST and sold the same for the sum of $ 70,000.00 to attorney Benjamin F. Riggs, JR. for York Federal Savings and Loan Association. It being the highest bid and best price quoted for the same York Federal Savings and Loan Association of 101 South George Street, York, Pennsylvania being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 2,514.40 it being costs. Sheriffs Costs: Docketing 30.00 Poundage 1,400.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 13.64 Certified Mail 6.96 Levy 15.00 Out of county 9.00 Dauphin County 29,25 Surcharge 30.00 Legal Search 200.00 Law Journal 344.45 Patriot News 288.30 Share of Bills 24.80 Distribution of Proceeds 25.00 Sheriffs Deed 26.50 $ 2,514.40 Pd By Atty 7/25/00 Swom and Subscribed To Before Me This 9 a -Day of 2000, A.D. 6'. ' ` ,tp r honotary R. Thomas Kline, Sheriff By ?t_CC Real Estate Deputy 3e Odv of? aqy 9 Writ No. 1999-5372 Civil York Federal Savings and Loan Association -vs- George L. HefFlefinger Jr and Dawn A. Heftlefinger 19 Sunset Drive Mechanicsburg, PA Date filed July 7, 2000 Sale Date June 7,2000 Bid Price $ 70,000.00 Buyer Benjamin Riggs, Jr. for York Federal Savings and Loan Association Real Debt Writ Costs DISTRIBUTION Amount Collected Sheriff's Costs Legal Search SCHEDULE OF DISTRIBUTION SALE # 5 $ 104,038.76 223.19 $104,261.95 2,476.15 2,276.15 200.00 $ 0,000.00 So at}s?s;,;,?? R. Thomas Kline, Sheriff By &? _ Real Estate Deputy TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO.5 Held Wednesday, June 7, 2000 Date: June 7, 2000 TAXES: Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year 2000. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2000, and recorded 2000, in Cumberland County Deed Book Page RECITAL: Being the same premises which Roy E.Self and Cynthia K. Self, husband and wife, by deed dated October 3, 1995 and recorded October 10, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania in Deed Book 129, Page 510 granted and conveyed to George L. Hefflefinger, Jr. and Dawn A. Hefflefinger, husband and wife. OTHER EXCEPTIONS: The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 40-foot wide legislative route No. 597. 6. Conditions, easements and restrictions shown on or set forth on Plan of tract number I White Birch Fames Development recorded in Cumberland County Plan Book 11, Page 37, including building set back lines as shown on said Plan and a 10-foot wide drainage and utility easement along the rear and side boundary lines. 7. Building and use conditions and restrictions as set forth in Deed dated March 30, 1987 and recorded April 2, 1987 in Deed Book "0", Volume 32, Page 636. 8. Mortgage in the amount of $91,250.00 given by George L. Hefflefinger, Jr. and Dawn A. Hefflefinger to York Federal Savings and Loan Association dated October 3, 1995 and recorded October 10, 1995 in Mortgage Book 1286, Page 7. Complaint in Mortgage Foreclosure filed by York Federal Savings and Loan Association as plaintiff against George L. Hefflefinger, Jr. and Dawn A. Hefflefinger on September 2 1999 in the Office of the Prothonotary of Cumberland County to file number 99- 5372. Judgment in the amount of $104,038.76. entered January 27, 2000. 9. Mortgage in the amount of $18,825.00 given by George L. Hefflefinger, Jr. and Dawn A. Hefflefinger to Green Tree Consumer Discount Company dated February 18, 1997 and recorded February 20, 1997 in Mortgage Book 1366, Page 188. 10. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 164, Page 249. 11. Rights granted to the Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 179, Page 933. 12. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 13. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. 14. Real estate taxes accruing on and after January 1, 2000 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. caj?-J. Robert G. Frey, Agent Note: This Title Report shall not be until countersigned by an authorized 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 Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates. 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 st t a emems as to time, place and character of publication are true. REAL ESTATE SALE NO. 5 writ No. 99-5372 Civil York Federal Savings and Loan Association VS. George L. Hefllefinger, Jr. and Dawn A. Hefaeanger Atty.: Benjamin F. Riggs, Jr. ALL THAT CERTAIN tract of land situate In the Township of Silver Spring, Cumberland County. Penn- sylvania, bounded and descnbed as follows, to win BEGINNING at an Iron pin on the South side of a forty (40) foot public road known as Legislative Route No. 597, at the corner of property now or Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 12 day of MAY. 2000 NOTARIAL SEAL LOTS E. SITYDER, Notary Pubk Codirlr born. Cvmbvdand County, PA My Corn mnico rap:::r March. '.,'1001 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication 8nder8ct No.S87 8ooro d Mau Ifi 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow being duly sworn according to low, deposes and says: That he is the Assistant 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 181h, 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 and Metro editions/issues which appeared on the 2nd, 9th and 16th day(s) of May 2000. 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 Qauphin `'n Miscellaneous Book "M", Volume 14, Page 317. i I I NI Notarial Seal Terry L. Russell. Notary PuoliL Harrisburg. Dauphin Counly My Commission Expires June 6. 2my Menoer, Pennsylvania Association ul N Ian CUMBERLAND CHUNSfY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Sworn to and subscribed expires June 6, 2002 q J Statement of Advertising Costs IF To THE PATRIOT-NEWS CO., Dr. 6 For publishing the notice or publication attached 1 hereto on the above stated dates $ 286.80 Probating same Notary Fee(s) $ 1.50 Total $ 288.30 lisherrs Receipt for Advertising Cost olisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general le receipt of the aforesaid notice and publication costs and certifies that the same have THE PATRIOT-NEWS CO. 2nd day of June gig" A.D. By .................................................................... PUBLICATION COPY S A L F a 5 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99-5372-Civil AND LOAN ASSOCIATION Plaintiff VS. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 19 Sunset Drive Mechanicsburg, PA 17055 Name and address of Owner(s) or Reputed Owner(s). Name George L. Hefflefinger, Jr Dawn A. Hefflefinger Address 301 North Progress Avenue Harrisburg, PA 17109-0000 5217 East Trindle Road, #16 Mechanicsburg PA 17055 2. Name and address of Defendant(s) in the Judgment: Name George L. HefFlefinger, Jr Dawn A. Hefflefinger Address 301 North Progress Avenue Harrisburg, PA 17109-0000 5217 East Trindle Road, #16 Mechanicsburg PA 17055 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) Not applicable. 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) York Federal Savings 101 S. George Street, P.O. Box 15068 and Loan Association York, PA 17405 Green Tree Consumer 3401 Hartzdale Drive Discount Company #132 Camp Hill, PA 17011 Name Not applicable. 5. 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. Benjamin F. Riggs, Jr., Attorney for Plaintiff I.D. No. 72030 Date: N-?Oi M%.. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99-5372-Civil AND LOAN ASSOCIATION Plaintif f vs. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: George L. HefFlefinger, Jr. 301 North Progress Avenue Harrisburg, PA 17109 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on June 7, 2000, 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: 19 Sunset Drive Mechanicsburg, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 99-5372-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: George L. Hefflefinger, Jr. Dawn A. Hefflefinger 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. A NOTICE OF THE TIME AND PLACE OF THE 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. 1. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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: , z\-•\ t. (I.D. #72030) k BenjAttorneyamin for F. the R gs, Jr. THE LEGAL RIGHTS YOU MAY HAVE ARE: ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the South side of a forty (40) foot public road known as Legislative Route No. 597, at the corner of property now or formerly of Donald L. Bender and Shirley L. Bender, his wife; thence along the south side of said public road, North 89 degrees 19 minutes 30 seconds East, one hundred and two hundredths (100.02) feet to an iron pin at the corner of Lot No. 6 in the hereinafter mentioned Plan of Lots; thence along the western line of said Lot No. 6 due South, two hundred six and thirty-five hundredths (206.35) feet to an iron pin on the line of Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along the northern line of said Lot No. 11, due West one hundred (100) feet to an iron pin at the corner of property now or formerly of Donald I. Bender and Shirley L. Bender, his wife, aforesaid; thence along the line of said property, due North, two hundred five and seventeen hundredths (205.17) feet to an iron pin on the South side of the public road first mentioned, above, the place of BEGINNING. BEING Lots Nos. 5 and 5A on the Plan of White Birch Farms Development, recorded in the Cumberland County Recorder's Office in Plan Book 11, Page 37. BEING THE SAME PREMISES which Roy E. Self and Cynthia K. Self, husband and wife, by their Deed date October 3, 1995 and recorded in the Office of Recorder of Deeds in and for Cumberland County on October 10, 1995 in Record Book 129, Page 510, granted and conveyed unto George L. Hefflefinger, Jr. and Dawn A. HefFlefinger. husband and wife, the Defendants herein. The property is a tan, bi-level, single family home. e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION-MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99.5372-Civil AND LOAN ASSOCIATION Plaintif f vs. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Dawn A. Hefflefinger 5217 East Trindle Road #16 Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on June 7, 2000, 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: 19 Sunset Drive Mechanicsburg, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 99-5372-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: George L. Hefflefinger, Jr. Dawn A. Hefflefinger 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. A OF 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. SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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: \cta -T Benjamin k.i, Jr. Attorney for the Plaintiff (I. D. #72030) ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the South side of a forty (40) foot public road known as Legislative Route No. 597, at the corner of property now or formerly of Donald L. Bender and Shirley L. Bender, his wife; thence along the south side of said public road, North 89 degrees 19 minutes 30 seconds East, one hundred and two hundredths (100.02) feet to an iron pin at the comer of Lot No. 6 in the hereinafter mentioned Plan of Lots; thence along the western line of said Lot No. 6 due South, two hundred six and thirty-five hundredths (206.35) feet to an iron pin on the line of Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along the northern line of said Lot No. 11, due West one hundred (100) feet to an iron pin at the corner of property now or formerly of Donald I. Bender and Shirley L. Bender, his wife, aforesaid; thence along the line of said property, due North, two hundred five and seventeen hundredths (205.17) feet to an iron pin on the South side of the public road first mentioned, above, the place of BEGINNING. BEING Lots Nos. 5 and 5A on the Plan of White Birch Farms Development, recorded in the Cumberland County Recorder's Office in Plan Book 11, Page 37. BEING THE SAME PREMISES which Roy E. Self and Cynthia K. Self, husband and wife, by their Deed date October 3, 1995 and recorded in the Office of Recorder of Deeds in and for Cumberland County on October 10, 1995 in Record Book 129, Page 510, granted and conveyed unto George L. Hefflefinger, Jr. and Dawn A. Hefflefinger. husband and wife, the Defendants herein. The property is a tan, bi-level, single family home. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-5372 CIVIL i9( TERM COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Crminprland COUNTY: To satisfy the debt, interest and costs due York Federal Sav; n and I oan ngQ -r on 101 South George Street York Pa 17315 PLAINTIFF(S) from Georg L H flefinger. i . 30_ 1?tPmgress Avente Ham burg Pa 17109 Dawn A. Hefflefinger 5217 East Trindle Road # 16 Mechanicsburg, Pa. 17055 DEFENDANT(S) (t) You are directed to levy upon the property of the defendant(s) and to sell All that certain tract of land situated in Silver Spring Township - see Exhibit A attached. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 propertyof the defendant(s) not levied upon an subjectlo attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hinvher t hat he/she has been added as a garnishee and is enjoined as above stated. Amount Due 5104,038.76 Interest *See Other Side Atty's Comm Atty Paid 223.19 Plaintiff Paid Date: January 27,2000 REQUESTING PARTY: L. L.. $0.50 Due Prothy t-no Other Costs Curtis R. Long (1, /? Prothonotary, Civil Division by: 0n (w'. 2?CE'c Deputy Name Benjamin F. Rigaa, t?YB Address: lnl South Canryp Street' P Q Pax 15068 Attorney for: Plaintiff Telephone: (717) 846-8777 Supreme Court ID No. 72030 REAL ESTATE S, Lz Nas * Interest from 6/08/00 at such rate or rates established by Plaintiff purusant to the terms of the Adjustable Rate Note currently $18.5693 per diem from 6/08/00, late charges from 6/08/00 at 58 of the monthly payment amount, currently $32.51 per month, escrow, currently $176.34 per month from 6/08/00, 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. ? o ? T On f 6 a.O the sheriff levied upon the defendanrs. n interest in the real property situated In Cumberland County, Pa., kPown a9d numbered as: rn*44? !nd mare fully d?: ;e,r'iaed on F).haa , . "A, this writ and i iio rc- ^, ^, • ?- ,a::orparated hersin. Real Estate Sale No. 5 $ 1000.00 advance costs paid 2/1/00 Arty: Benjamin F. Riggs Jr. Assessed Valuation $ 6230 Writ No. 99-5372 Civil Term York Federal Savings and Loan Association -vs- George L. Hefflefrnger,Jr. Dawn A. Hefflefinger 19 Sunset Drive Mechanicsburg, PA Real Debt $ 104,038.76 Interest Atty's Fees Atty;'s Writ Costs 223.19 Escrow Late Charges Sheriff's Costs: Docketing 30.00 Poundage 1,400.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 13.64 Certified Mail 6.96 Levy 15.00 Surcharge 30.00 Postpone sale Out of County Legal Search 200.00 Law Journal 344.45 Patriot News 288.30 Share of Bills 24.80 Distribution of Proceeds 25.00 Sheriffs Deed 26.50 Total Costs 2,476.15 Advance costs 1.000.00 Balance Due 1,476.15 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION -MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99-5372-Civil AND LOAN ASSOCIATION Plaintif f vs. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants To the Prothonotary: PRAECIPE TO ENTER JUDGMENT ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiffs Complaint in Mortgage Foreclosure against George L. Hefflefinger, Jr. and Dawn A. Hef lefinger in favor of York Federal Savings and Loan Association for the following: Amount Due Per Complaint .......... $98,213.54 Interest from 8/27/99 through 6/7/00 (inclusive) at $18.5693 per diem ...... $ 5,295.39 Late Charges from 8/27/99 through 6/7/00 (inclusive) at $32.51 per month........ $ 292,59 Escrow Deficit .................... $ 237.24 TOTAL AMOUNT $104,038.76 with interest from 6/8/00 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $18.5693 per diem, from 6/8/00, late charges from 6/8/00 at 5% of the monthly payment amount, currently $32.51 per month, escrow, currently $176.34 per month from 6/8/00, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate. I HEREBY CERTIFY that on December 6, 1999 a 10-day Default Notice in the above. captioned matter was mailed to the Defendants George L. Hefflefinger, Jr, and Dawn A. Hefflefinger, by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin Ff. Riggsv,"J f , Counsel Attorney for Plaintiff York Federal Savings and Loan Association 101 S. George Street York, PA 17401 I.D. No. 72030 - -2 cv V' , 2000 Judgment entered by the Prothonotary this day according to We tenor f the above statement. a' ,' . i7 1 Prothon r?- a n f M N OP J- IV n i a? w ' IIJ i[l CJ :J C°l? OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 George L. HefFlefinger, Jr. Date 301 North Progress Avenue Harrisburg, PA 17109 No. 99-5372-Civil RE: YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff VS: GEORGE L. HEFFLEFINGER, JR. AND DAWN A. HEFFLEFINGER Defendants Notice is given that judgment in the above-captioned matter has been entered against you onq?4 .s -7, "'-c PROTHONOTARY OF CUMBERLAND COUNTY By C. C49*or Deputy If you have any questions concerning the above case, please contact: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff 101 South George Street P. O. Box 15068 York, Pennsylvania 17405-7068 Telephone: (717) 846-8777 X2309 (PA Rule of Civil Procedure 236, as revised) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99-5372-Civil AND LOAN ASSOCIATION Plaintif f vs. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER 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 Defendant George L. Heffiefinger, Jr.'s last-known address is 301 North Progress Avenue, Harrisburg, Pennsylvania 17109 and that the said Defendant Dawn A. HefFlefinger's last-known address is 5217 East Trindle Road, #16, Mechanicsburg, Pennsylvania 17055. Sworn and subscribed before me this,9`i"'day of December, 1999 k1 Benjamin Iggs, Jr., Attorney for Plaintiff I.D. No. 72030 otary Public My Commission expires: Notarial Soil Bridget C. Gallagher, Notary Public York, York County My Commission Expires Feb. 22, 2003 C"j Ln .. C? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99-5372-Civil AND LOAN ASSOCIATION Plaintiff VS. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on theme day of December, 1999, a Notice of Sheriffs Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Green Tree Consumer Discount Company 3401 Hartzdale Drive, #132 Camp Hill, PA 17011 Copy of Proof of Mailing is attached hereto. Benjamin . Riggs, Jr. Attorney for the Plaintiff I.D. #72030 Sworn and subscribed to before me this ;x; rh day of December, 1999 Nb ry Public My Commission expires: Notarial Seal Bridget C. Gallagher, Notary Public York, York County My Commission Expires Feb. 22, 2UU3 .,;x rederal Savings & Loan Assn, In a^x 15065 Of ordinary 13 I-7 PS Form 3817, Mar. 1 S88 U. S. POSTAL SERVICE CERTIFICATE F MA MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER tta..JAW Dept. York Federal Savings & Loan Assn. 101 S. George Street BOX is 63 - 41 ?e'pl'ac1e^o^? LM r . ??/? /'-' { k ?F- l.. (. ?'Y ? , IR`' 1}. • 1 MA ga ? ? ? ? ,. ./,Q IN ?,?.C.dJ p# 1 ?, W Affix fee hers in stamp, or meter postage and post mark. Inquire of Postmaster for current fee. Affix fee here in stamps or meter postage and ro rerm oc I /, mar. 1 tiou i- ?' } ?.. ?.._ `` __ ? ?__ - ?J C?; (,? (?J _? •_? ) ,J ./ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99-5372-Civil AND LOAN ASSOCIATION Plaintif f VS. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149 To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Penna.; (2) against George L. Hefflefinger, Jr. and Dawn A. Hefflefinger Defendants. (3) and index this writ against George L. Hefflefinger, Jr. and Dawn A. Hefflefinger Defendants. as a lis pendens against the real property of the Defendant as follows: ALL that certain tract of land, with the improvements thereon erected, situate in Silver Spring Township, Cumberland County, as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $104,038.76 Plus Costs with interest from 6/8/00 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $18.5693 per diem, from 6/8/00, late charges from 6/8/00 at 5% of the monthly payment amount, currently $32.51 per month, escrow, currently $176.34 per month from 6/8/00, attorney's fees, costs of suit and other charges c Ilectible under the Mortgage; and for any and all other relief as the Court deems appr late. Dated: ? e- 1999 P/? Benjamin F. Riggs, Jr., Esquire Attorney for Plaintiff York Federal Savings and Loan Association 101 South George Street York, PA 17401 I.D. No. 72030 ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the South side of a forty (40) foot public road known as Legislative Route No. 597, at the corner of property now or formerly of Donald L. Bender and Shirley L. Bender, his wife; thence along the south side of said public road, North 89 degrees 19 minutes 30 seconds East, one hundred and two hundredths (100.02) feet to an iron pin at the corner of Lot No. 6 in the hereinafter mentioned Plan of Lots; thence along the western line of said Lot No. 6 due South, two hundred six and thirty-five hundredths (206.35) feet to an iron pin on the line of Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along the northern line of said Lot No. 11, due West one hundred (100) feet to an iron pin at the corner of property now or formerly of Donald I. Bender and Shirley L. Bender, his wife, aforesaid; thence along the line of said property, due North, two hundred five and seventeen hundredths (205.17) feet to an iron pin on the South side of the public road first mentioned, above, the place of BEGINNING. BEING Lots Nos. 5 and 5A on the Plan of White Birch Farms Development, recorded in the Cumberland County Recorder's Office in Plan Book 11, Page 37. BEING THE SAME PREMISES which Roy E. Self and Cynthia K. Self, husband and wife, by their Deed date October 3, 1995 and recorded in the Office of Recorder of Deeds in and for Cumberland County on October 10, 1995 in Record Book 129, Page 510, granted and conveyed unto George L. Hefflefinger, Jr. and Dawn A. Hefflefinger. husband and wife, the Defendants herein. The property is a tan, bi-level, single family home. Cl% m v ^! J n R J Q ti ?? CfJ } n. 3 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99-5372-Civil AND LOAN ASSOCIATION Plaintif f vs. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: George L. Hefflefinger, Jr. 301 North Progress Avenue Harrisburg, PA 17109 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on June 7, 2000, 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: 19 Sunset Drive Mechanicsburg, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 99-5372-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: George L. Hefflefinger, Jr. Dawn A. Hefflefinger 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 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. THIS PAPER TO YOUR LAWYER AT ONCE. GO TO THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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: Benjamin F. R gs, Jr. Attorney for the Plaintiff (I.D. #72030) ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the South side of a forty (40) foot public road known as Legislative Route No. 597, at the corner of property now or formerly of Donald L. Bender and Shirley L. Bender, his wife; thence along the south side of said public road, North 89 degrees 19 minutes 30 seconds East, one hundred and two hundredths (100.02) feet to an iron pin at the corner of Lot No. 6 in the hereinafter mentioned Plan of Lots; thence along the western line of said Lot No. 6 due South, two hundred six and thirty-five hundredths (206.35) feet to an iron pin on the line of Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along the northern line of said Lot No. 11, due West one hundred (100) feet to an iron pin at the corner of property now or formerly of Donald I. Bender and Shirley L. Bender, his wife, aforesaid; thence along the line of said property, due North, two hundred five and seventeen hundredths (205.17) feet to an iron pin on the South side of the public road first mentioned, above, the place of BEGINNING. BEING Lots Nos. 5 and 5A on the Plan of White Birch Farms Development, recorded in the Cumberland County Recorder's Office in Plan Book 11, Page 37. BEING THE SAME PREMISES which Roy E. Self and Cynthia K. Self, husband and wife, by their Deed date October 3, 1995 and recorded in the Office of Recorder of Deeds in and for Cumberland County on October 10, 1995 in Record Book 129, Page 510, granted and conveyed unto George L. Hefflefinger, Jr. and Dawn A. Heffiefinger. husband and wife, the Defendants herein. The property is a tan, bi-level, single family home. L 1`J it ? U i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99-5372-Civil AND LOAN ASSOCIATION Plaintif f va. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Dawn A. Hefflefinger 5217 East Trindle Road #15 Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sate of Property (real estate) will be held on June 7, 2000, 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: 19 Sunset Drive Mechanicsburg, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 99-5372-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: George L. Hefflefinger, Jr. Dawn A. Hefflefinger 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. IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF 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. SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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: Zy Benjamin eggs, Jr. Attorney for the Plaintiff (I. D. #72030) ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the South side of a forty (40) foot public road known as Legislative Route No. 597, at the corner of property now or formerly of Donald L. Bender and Shirley L. Bender, his wife; thence along the south side of said public road, North 89 degrees 19 minutes 30 seconds East, one hundred and two hundredths (100.02) feet to an iron pin at the corner of Lot No. 6 in the hereinafter mentioned Plan of Lots; thence along the western line of said Lot No. 6 due South, two hundred six and thirty-five hundredths (206.35) feet to an iron pin on the line of Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along the northern line of said Lot No. 11, due West one hundred (100) feet to an iron pin at the corner of property now or formerly of Donald I. Bender and Shirley L. Bender, his wife, aforesaid; thence along the line of said property, due North, two hundred five and seventeen hundredths (205.17) feet to an iron pin on the South side of the public road first mentioned, above, the place of BEGINNING. BEING Lots Nos. 5 and 5A on the Plan of White Birch Farms Development, recorded in the Cumberland County Recorder's Office in Plan Book 11, Page 37. BEING THE SAME PREMISES which Roy E. Self and Cynthia K. Self, husband and wife, by their Deed date October 3, 1995 and recorded in the Office of Recorder of Deeds in and for Cumberland County on October 10, 1995 in Record Book 129, Page 510, granted and conveyed unto George L. Hefflefinger, Jr. and Dawn A. Hefflefinger. husband and wife, the Defendants herein. The property is a tan, bi-level, single family home. ?- _'- - ? . r' <v ? ? ?, _ _ ,._ ' i r• `;J ??? lam' iL_1 ;'.t. '- ?? ? :J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No. 99-5372-Civil AND LOAN ASSOCIATION Plaintiff VS. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 19 Sunset Drive Mechanicsburg, PA 17055 1. Name and address of Owner(s) or Reputed Owner(s). Name George L. HefFlefinger, Jr. Dawn A. Hefflefinger Address 301 North Progress Avenue Harrisburg, PA 17109-0000 5217 East Trindle Road, #16 Mechanicsburg PA 17055 2. Name and address of Defendant(s) in the Judgment: Name George L. Hefflefinger, Jr Dawn A. Heffiefinger Address 301 North Progress Avenue Harrisburg, PA 17109-0000 5217 East Trindle Road, #16 Mechanicsburg PA 17055 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) Not applicable. 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) York Federal Savings 101 S. George Street, P.O. Box 15068 and Loan Association York, PA 17405 Green Tree Consumer 3401 Hartzdale Drive Discount Company #132 Camp Hill, PA 17011 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 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. Benjamin F. Riggs, r., Attorney for Plaintiff I.D. No. 72030 Date:_ iala?ty - C) ._ C` - _> • _ ? .1.. 1 ?1 ?q CJ _ i:J ` ?_.J '? _ r. i l? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No.: 99-5372-Civil AND LOAN ASSOCIATION Plaintiff VS. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 6, 1999 10-day Default Notices in the above- captioned matter were mailed to the Defendants George L. Hefflefinger, Jr. and Dawn A. Hefflefinger, by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. -- v Av Benjamin F. Riggs, Jr., Esquire (I.D. #72030) Attorney for Plaintiff 101 S. George St., P.O. Box 15068 York, PA 17405-7068 Telephone: (717) 846-8777 X2309 41ft U y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No.: 99-5372-Civil AND LOAN ASSOCIATION Plaintiff VS. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants TO: George L. Hefflefinger, Jr. 301 North Progress Avenue Harrisburg, PA 17109-0000 DATE OF NOTICE: December 6, 1999 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: (71 -6200 Benjamin F. Riggs, ., Attorney for Plaintiff York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext. 2309 I.D. No. 72030 .00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No.: 99-5372-Civil AND LOAN ASSOCIATION Plaintiff vs. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants TO: Dawn A. Hefflefinger 5217 East Trindle Road, #16 Mechanicsburg, PA 17055 DATE OF NOTICE: December 6, 1999 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) 2 -6200 //4 Benjamin F. Riggs,/Jr-,-Attorney for Plaintiff York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext. 2309 I.D. No. 72030 >- ? {+ - .i ?-' `: i C?T 4.: C.. r_i ? ? c. ? ' t_'_ 4: L: _.':J ?_. IL ( l ? ) ?) O1 l? SHERIFF'S RETURN - REGULAR CASE NO: 1999-05372 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS & LOAN AS vs. HEFFLEFINGER GEORGE L JR ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT IN MORTGAGE FORECLOS was served upon HEFFLEFINGER DAWN A the defendant, at 19:12 HOURS, on the 13th day of September 1999 at 5217 EAST TRINDLE ROAD # 16 MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DAWN HEFFLEFINGER a true and attested copy of the COMPLAINT IN MORTGAGE FORECLOS together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So arises Docketing 18.00 00, Service 7.44 Affidavit .00 Surcharge 8.00 omas ine, e i YORK FED19ERAL LEGAL DEPT by A=??! G'?/.G?, teepuj-y5 rifT Sworn and subscribed to before me this o? day of 19A.D. Q U. L - LG .?I2CCE'i l?A? rotnonotar SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05372 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS & LOAN AS VS. HEFFLEFINGER GEORGE L JR ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: HEFFLEFINGER GEORGE L JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within COMPLAINT IN MORTGAGE FORECLOS On September 30th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 8.00 omas ine, Sheriff Dep Dauphin Cc 30.50 $5-3.5 YO K FEDERAL SAVINGS LEG DEPT 0930/1999 Sworn and subscribed to before me 7 this jo" day of 1.9- A. D. ??"' ro ono ary In The Court of Common Pleas of Cumberland County, Pennsylvania York Federal Savings & Loan Association VS. George L. Hefflefinger, Jr., et. al. Serve: George L. Hefflefinger, Jr-No .99-5372 Civil Now, 9/2 /99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?y Sheriff of C mberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of 19- 19_, at o'clock M. served the COSTS SERVICE MILEAGE_ AFFIDAVIT County, PA DAUPHIN COUNTY Cd UP SHERF'S I COUR I H','.i HLNRISBUnG r'! •}j; "9 Sr,' - 7 r. '1 j; .. RECEIVE;-) (Office Of f4.e o?4,erif f Man Jane Smder lieu] Islute Ik:putp William T. Tulle Solicitor Ralph G. McAllister C'hiel'l a:poty Michael W. Rinehart Assistant Chiel'Deputy Dauphin County Harrisburg. Pcnnsyh,ania 17101 ph: (717) 255.26611 fax: (717) 255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania YORK FEDERAL SAVINGS & LOAN ASSOCIATIO vs County of Dauphin HEFFLEFINGER GEORGE JR Sheriff's Return No. 1868-T - - -1999 OTHER COUNTY NO. 99-5372 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HEFFLEFINGER GEORGE JR the DEFENDANT named in the within NOTICE s COMPLAINT IN CIVIL ACTION and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 8, 1999 AS PER MARK WARD NO SUCH PERSON LIVES AT THIS ADDRESS. Sworn and subscribed to before me this 9TH day of SEPTEMBER, 1999 . ?• (?n So Answers, Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $150.00 PD 09/08/1999 RCPT NO 127933 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05372 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS & LOAN AS VS. HEFFLEFINGER GEORGE L JR ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: HEFFLEFINGER GEORGE L JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within COMPLAINT IN MORTGAGE FORECLOS On September 30th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 8.00 I ma -Kline, 5 i Dep Dauphin Co 30.50 $ST5II YORK FEDERAL SAVINGS LEG DEPT 09/30/1999 Sworn and subscribed to before me this day of 19 A. D. r ono ary SHERIFF'S RETURN - REGULAR CASE NO: 1999-05372 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS & LOAN AS vs. HEFFLEFINGER GEORGE L JR ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT IN MORTGAGE FORECLOS was served upon HEFFLEFINGER DAWN A the defendant, at 19:12 HOURS, on the 13th day of September 1999 at 5217 EAST TRINDLE ROAD # 16 MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DAWN HEFFLEFINGER a true and attested copy of the COMPLAINT IN MORTGAGE FORECLOS together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So arises Docketing 18.00 ,d ,• Service 7.44 444e- o.. Affidavit 00 Surcharge 8.00 omas ine, eri YORK FEDERAL LEGAL/ DDEPP?T9 09/30/1999 by ?L/ GV LL epu y S ri Sworn and subscribed to before me this day of 19 A.D. Prothonotary In The Court of Common Pleas oi'Cumberiand County, Pennsylvania York Federal Savings & Loan Association vs. George L. Hefflefinger, Jr., et. al. Serve: George L. Hefflefinger, Jr-No .99-5372 Civil Now, 9/2/99 hereby deputize the Sheriff of 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of C mberland County, PA Affidavit of Service Now, within upon at by handing to _ a and made known to So answers, Sheriff of Sworn and subscribed before me this _ day of 19 19_, at o'clock M. served the copy of the original County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT _ the contents thereof. R.THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor ?art? of C U 1111 ,Iq 4 '-X Ir.S 11 , j OFFICE OF THE SHERIFF One Courthouse Square Carlisle. Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Deputy TO: Hon. J.R. Lotwick RE: York Federal Savings & Loan Sheriff of Dauphin Co vs P.O. Box 1067 George L. Hefflefinger, Jr., et. al. Harrisburg, PA 17108 Serve: George L. Hefflefinger, Jr. Notice and Complaint in Mortgage Dear Sir: Foreclosure/99-5372 Civil Enclosed please find Notice and Complaint in Mortgage Foreclosure to be served upon George L. Hefflef;ngar J= 27}} Berms St Harrisburg, PA 17111 in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very truly yours, i R. Thomas Kline, SKeriff Cumberland County, Pennsylvania Enclosures: .?A4. ?n (?fft?e Of ,e Jg Pri ff Man' Janc Snyder Ralph G. McAllister Real Estate Deputy Chicf Ikpuly William T. Tully Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fez: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania YORK FEDERAL SAVINGS 6 LOAN ASSOCIATIO County of Dauphin HEFFLEFINGER GEORGE JR Sheriff's Return No. 1868-T - - -1999 OTHER COUNTY NO. 99-5372 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HEFFLEFINGER GEORGE JR the DEFENDANT named in the within NOTICE 6 COMPLAINT IN CIVIL ACTION and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 8, 1999 AS PER MARK WARD NO SUCH PERSON LIVES AT THIS ADDRESS. Sworn and subscribed to before me this 9TH day of SEPTEMBER, 1999 ••J ? I ?• (? ?2'fN/1? PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $150. 00 PD 09/08/1999 RCPT NO 127933 YORK FEDERAL SAVINGS No.: 99-5372-Civil AND LOAN ASSOCIATION Plaintiff vs. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 4, 1999 10-day Default Notices in the above-captioned matter were mailed to the Defendants George L. Hefflefinger, Jr. and Dawn A. HefFlefinger, 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. Rigg , Jr., Esquire (I.D. #72030) Attorney for Plaintiff 101 S. George St., P.O. Box 15068 York, PA 17405-7068 Telephone: (717) 846-8777 X2309 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No.: 99-5372-Civil AND LOAN ASSOCIATION Plaintiff vs. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants TO: George L. HefFlefinger, Jr. 2711 Derry Street Harrisburg, PA 17111 DATE OF NOTICE: October 4, 1999 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)/94Q-6200 Benjamin F. Riggs; Jr. "Attorney for Plaintiff York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext. 2309 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS No.: 99-5372-Civil AND LOAN ASSOCIATION Plaintiff vs. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants TO: Dawn A. Hefflefinger 5217 East Trindle Road, #16 Mechanicsburg, PA 17055 DATE OF NOTICE: October 4, 1999 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) 2 -6200 Benjamin F. Riggs, Jr., Attorney for Plaintiff York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext. 2309 I.D. No. 72030 r- r i _ y ? c, !- ti ' ' «' -r i ='; ? i i .. ?- •?' _ L". !. i,, ` ? ft? -1 - .;i (J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. 99-5372-Civil GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants PRAECIPE TO REINSTATE Please re-instate the above captioned matter. Attorney for Plaintiff York Federal Savings and Loan Association 101 South George Street York, PA 17401 (717) 849-2748 cli c. r.? V G"? ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. 99-5372-Civil GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants PRAECIPE TO REINSTATE Please re-instate the above captioned matter. 411 Benjamin F. gs, Jr. Attorney for Plaintiff York Federal Savings and Loan Association 101 South George Street York, PA 17401 (717) 849-2748 aY t-D - . • i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05372 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS & LOAN AS VS. HEFFLEFINGER GEORGE L JR ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: HEFFLEFINGER GEORGE L JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within REINSTATED NOT/COMP MORT-FORE On November 19th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answe s: , Docketing 18.00 i / Out of County 9.00 /'???^= J <?oO Surchargge 8.00 R-1I omas n e!', 5 ri7rieifP- DEP. DAUPHIN CO 29.25 FEDE RAL SAVINGS & 0 LOAN E 1 1/19 199 Sworn and subscribed to before me this 6' day of 19 Vet A.D. rotnonorar WT%Mice Of o E t f f -- Man Jmtc Sni der Ralph G. McAllister chief 0.q,m> Real I?,tote Ik1xmWilliam T. Tully Michael W. Rinehart Solicitor Assistant Chief lxpul5 Dauphin Counl) Harrisburg. Pennsylvania 17101 ph:(717)255.2660 1•ax:(717)255.2889 Jack Lotwick Sheriff Commonwealth Of Pennsylvania YORK FEDERAL SAVINGS & LOAN ASSOC Vs County or Dauphin HEFFLEFINGER GEORGE L JR Sheriff's Return No. 2326-T - - -1999 OTHER COUNTY NO. 99-5372 AND NOW: November 15, 1999 at 10:35PM served the within REINSTATED COMPLAINT & NOTICE upon HEFFLEFINGER GEORGE L JR by personally handing to DEFT 1 true attested copy(ies) of the original REINSTATED COMPLAINT & NOTICE and making known to him/her the contents thereof at 301 NORTH PROGRESS AVE HARRISBURG, PA 17109-0000 Sworn and subscribed to before me this 16TH daL of NOVEMBER, 1999 PROTHONOTARY So Answers, ?lex? Sheriff of hin Pa. By puty Sheriff Sheriff's Costs: $29.25 PD 11/09/1999 RCPT NO 130204 ET/TS In The Court of Common Pleas of Cumberland County, Pennsylvania York Federal Savings 6 Loan Association VS. George L. Hefflefinger, Jr., et. al. serve: George L. flefflefinge[.o. Jr. 99-5372 Civil I Now, 1 1 / 5 / 99 , 19_, 1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. erW'.,&!:, ,Y$li0r,ff.9LCvmber1and County, PA Affidavit of Service Now, within upon _ at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 19 19_, at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA . H?riI?F'y"' "li ..AUi?r y;:uUyirv7Fl:??l ?r? ?ECEibr.i? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff V3. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants No. qq- 537a C: u?4 ear, 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. Court Administrator Fourth Floor Cumberland County Court House Court House Square Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff rn vs. No. `A- 537a GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio In 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 In Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DfNERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Fourth Floor Cumberland County Court House Court House Square Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. GEORGE L. HEFFLEFINGER, JR. DAWN A. HEFFLEFINGER Defendants No. q9- 5:3'7a C'" ?Ter n? COMPLAINT AND NOW, comes Plaintiff York Federal Savings and Loan Association, by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants George L. Hefflefinger, Jr. and Dawn A. Hefflefinger, as follows: Parties 1. The Plaintiff is the YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, 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 101 South George Street, York, Pennsylvania. 2. One of the Defendants is George L. Hefflefinger, Jr., who is an adult individual residing at 2711 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17111, and he is a Mortgagor and real owner of the Mortgaged Premises located at 19 Sunset Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, having acquired title by Deed dated October 3, 1995, and recorded on October 10, 1995, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 129, Page 510. 3. One of the Defendants is Dawn A. Hefflefinger, who is an adult individual residing at 5217 East Trindle Road #16, Mechanicsburg, Cumberland County, Pennsylvania 17055, and she is a Mortgagor and real owner of the Mortgaged Premises located at 19 Sunset Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, having acquired title by Deed dated October 3, 1995, and recorded on October 10, 1995, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 129, Page 510. Mortgage 4. On or about October 3, 1995, Defendants made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on October 10, 1995, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 1286, Page 7. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 5. There have been no assignments of said Mortgage. Default 6. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from March 1, 1999, 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 I, 1999. 7. Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions. 8. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance ........... .............. $ 88,888.93 Interest from 2/1/99 to 8/26/99 (inclusive) at $18.5693 per diem ...... ............. 3,853.15 Late Charges from 2/1/99 to 8/26/99 (inclusive) at $32.51 per month ........ ............. 195.06 Escrow Deficit .................... ............. 831.95 Attorney's Commission 5% .......... .............. 4,444.45 TOTAL AMOUNT DUE 98,213.54 Inanolicability of Homeowners' Emergency Assistance Act 9. This Action is not subject to the provisions of Pennsylvania's Homeowners' Emergency Assistance Act, Act of December 23, 1983, P.L. 385, No. 91 (35 P.S. § 1680.401c et s?Mc.), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because, said Mortgaged Premises is not the principal residence of Defendants. Inanolicability of Loan Interest and Protection Law 10. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101 et sey.), 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 York Federal Savings and Loan Association prays for judgment in its favor and against Defendants George L. Hefflefinger, Jr. and Dawn A. Hefflefinger, in the amount of Ninety Eight Thousand Two Hundred Thirteen and 541100 ($98,213.54) Dollars, with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $18.5693 per diem, from 8/27/99, late charges at 5% of the monthly payment amount, currently $32.51 from 8/27/99, escrow charges, currently $176.34 per month from 8/27/99, 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,(VJ Attorney for Plaintiff 101 S. George Street P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777 X2309 I.D. No. 72030 446-7 7 ROEERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY-PA 195 OCT 10 M9 1 17 ISpaee Above This Line For Recording Dole] MORTGAGE THIS MORTGAGE ("Security Instrument") Is given on OCTOBER 3, 1995 Thu mortgagoris GEORGE L HEFFLEFINGER JR and DAWN A HEFFLEFINGER York Federal Savings and Loan Association ("Borrower"). This Security instrument is given to which Is organized and existing under the laws of THE UNITED STATES OF AMERICA and whose address Is 101 South George Street, PO Box 15068, York, PA 17405-7068 ("Lender"). Borrower owes Lender the principal sum of NINETY-ONE THOUSAND TWO HUNDRED FIFTY AND NO/100************************************ Dollars (U.S. $ 91,250.00 ). This debt is evidenced by Borrower's note dated the Bame date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1 r 2002 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: 8001(.1286 PACE 7 which has die address of 19 SUNSET DRIVE MECHANICSBURG (Street] ICityl Pennsylvania 17055 ("Property Address"); [Zip Cudel PENNSYLVANIA -- Single Family -- Fannle Mae/Freddle Mac UNIFORM INSMUNIENT Forne 3039 9190 (page 1 oJ6 pager) ITEM 19601.1 t9211) Wild 0000000944 areal Loki, Bobtail for=, Jec.¦ To DIN, CAR. 1-600 630 0393 O FAX 119-7914101 ACCTN 144063752 and fixTOGETHER all tures now orihereafterta part of the p operty.rAllrreplacementsdand ddition s shall a solbe covered bypthhislSecurity Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." that mor gauge, gran a d0 on ey the Property rand tthat lawfully Property is unencumbered, except for conveyed encumbrances of right record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold n urents oreground rents one the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood if a Lender, in accordance with the provisions mortgae ag ap 8c in lieu tof the payment od (0 f mor gagsums e insuranceeprymiums. Borrower These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 el seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow hems; or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity Len theeEscrow It dmser, if Le Lender is may such an institution) or in not charge Borrower forttholdFederal Home oan Bnk. ng and apply ng the Lender shall an ealyzing the esc ow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in god faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Properly Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and ITEM 10501.2 192111 Dueld 0000000044 Form 3039 9190 (page 2 of 6 pages) Great Lakin anllnnn Forms, Inc. r i0 K 19.86 PAGE 8 To Order Call: 1.100-530-2303 0 FAX 615-791.1131 ACCT# 144063752 for the periods that Lender requires. The insurance carrier providing the insurance shall he chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs .1 and 2 or change the amount of the payments. If under paragraph 21 the Property Is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection or the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Prope of thertle se. IfrBorr residence. restfeestitle to the the Property) the leasehold land the fee Borrower shall unless provisions shall not wi all the agrees to die merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest front the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to die cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss rwerve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for die period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with ITEM 196013 19211) nccld 0000000944 Form 3039 9/90 (page 3 oJ6 paged eouK 128G vac Great Lill au,lness forms. int.0 To Ordu Call: 1.800.630.9393 ? FAX 916.791-0131 ACCT# 144063752 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 to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall he paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the rums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By bender Not a Waiver. Extension of die time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Cosigners. The covenants and agreements, of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in correction with die loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Properly or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as ITEM 19501.4 192111 noOd 000000094 Form 7039 9/90 /page 0 oJ6 pogrrl Orr41 Lrbr OnImu Forms. In. N BOOK 1286 PAGE 10 To OtarC111: 1.600570.9303 ?FAX $10-1111111 ACCTN 144063752 applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums' secured by this Security instrument, foreclosure by judicial proceeding and sale of the Properly. Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence or a default or any other derense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at Its option may require Immediate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects In proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 16 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a judgment is entered an the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. ITEM 1950L5 (99111 Docld 0000000944 Form 3039 9190 (vage 5 of 6paged) p + Q[? G1.0 LOS, auanu. Form., Inc. ¦ UOU? Lr?OO ro0lda Ctll: 1-900.970-0303 ?FAx 11111.791.1131 ACCTS 144063752 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Imtmnent. (Check applicable box(es)] F] F1 XX XX Adjustable Rate Rider ? Graduated Payment Rider ? Balloon Rider ? Condominium Rider Planned Unit Development Rider Rate Improvement Rider Other(s) [specify] RIDER TO PARAGRAPH 18 n 1-4 Family Rider F1 Biweekly Payment Rider n Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. (Seal) (Seal) --Borrower DAWN WEGER -Borrower (Seal) (Seal) -Borrower -Borrower COMMONWEALTH OF PENNSYLVANIA, e a ? County as: On this, the 3 day of 19 5 before me, DAWN A HEFFLEFINGER the undersigned officer, personally appeared GEORGE L HEFFLEFINGER JR and (mown to me (or satisfactorily proven) to be the person S whose name are subscribed to the within instrument and acknowledged that they executed the same for the purpose herein contained. do hereby'EV41 That 15068, York, PA Witness my hand this 1 hereunto set my hand and officl fF RESIDENCE 1, aJAVC* the correct address of the within named lender is 17405-7068 30-1 day of Octr ? Agent of Lender ITEM 1960L9 (0211 Doad 0006000944 Form 3039 9/90 (page 6 oJ6 pager) Gna LrOU Budnsu rams, Inc. 0 T00,&, ellt 1.100.930.9303 0FAX e1e.701.1131 B00K.1286 PAGE 12 ACCTM 144063752 101 South George Street, PO Box ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the South side of a forty (40) foot public road known as Legislative Route No. 597, at the corner of property now or formerly of Donald L. Bender and Shirley L. Bender, his wife; thence along the South side of said public road, North 89 degrees 19 minutes 30 seconds East, one hundred and two hundredths (100.02) feet to an iron pin at the corner of Lot No. 6 in the hereinafter mentioned 2' an of Lots; thence along the western line of raid Lot No. 6 tiue South, two hundred six and thirty-five hundredths (206.35) feet to an iron pin on the line of Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along the northern line of said Lot No. 11, due West, one hundred (100) feet to an iron pin at the corner of property now or formerly of Donald I. Bender and Shirley L. Bender, his wife,. afore- said; thence along the line of said property, due North, two hundred five and seventeen hundredths (205.17) feet to an iron pin on the South side of the public road first mentioned above, the place of BEGINNING. BEING Lots Nos. 5 and 5A on the Plan of White Birch Farms Development, recorded in the Cumberland County Recorder's Office in Plan Book 11, Page 37. BEING the same premises which Roy E. Self and Cynthia K. Self, husband and wife, by their deed dated October 3, 1995 and about to be recorded herewith in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, granted and conveyed unto George L. Hefflefinger, Jr. and Dawn A. Hefflefinger, husband and wife, Mortgagors herein. ?/•6373:,' &yj, j,. r A b00K 1.986 PAGE 1.1 Rider to Paragraph 18 I/We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, executed by me/us this 21d day of October. 1995 shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage/Deed of Trust. The tern "reasonable attorney's fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5%) of the principal due at the time of foreclosure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. BOOK 1.. PAGE 14 BALLOON RIDER (CONDITIONAL. RIGHT TO REFINANCE) THIS BALLOON RIDER is made this 3RD day of OCTOBER, 1995 incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure the Borrower's Note to York Federal Savtnea end Loan Assoelatlon, 101 South 0sorse street, Po Box 1so68, York, PA 17405.7068 (the "Lender") of the same date and covering the property described in the Security instrument and located at: 19 SUNSET DRIVE, MECHANICSBURG, PA 17055 iProprrry Addrersl The interest rate stated on the Note is called the "Note Rate." The date of the Note is called the "Note Date." I understand the Lender may transfer the Note, Security Instrument and this Rider. The Lender or anyone who takes the Note, the Security instrument and this Rider by transfer and who is entitled to receive payments under the Note is called the "Note Holder." ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and Lender further covenant and agree as follows (despite anything to the contrary contained in the Security Instrument or the Note): 1. CONDITIONAL RIGHT TO REFINANCE At the maturity date of the Note and Security Instrument (the "Maturity Date"),1 will be able to obtain a new loan ("New Loan") with a new Maturity Date of November 1, 2025 , and with an interest rate equal to the "New Note Rate" determined in accordance with Section 3 below if all the conditions provided in Sections 2 and 5 below are met (the "Conditional Refinancing Option"). If those conditions are not met, 1 understand drat the Note Holder is under no obligation to refinance or modify the Note, or to extend the Maturity Date, and that I will have to repay the Note from my own resources or find a lender willing to lend me the money to repay the Note. 2. CONDITIONS TO OPTION If I want to exercise the Conditional Refinancing Option at maturity, certain conditions must be met as ofithe Maturity Date. These conditions are: (1) 1 must still be the owner and occupant of the property subject to the Security Instrument (the "Property"); (2) 1 must be current in my monthly payments and cannot have been more than 30 days late on any of the 12 scheduled monthly payments immediately preceding the Maturity Date; (3) no lien against the Property (except for taxes and special assessments not yet due and payable) other than that of the Security Instrument may exist; (4) the New Note Rate cannot be more than 5 percentage points above the Note Rate; and (5) 1 must make a written request to the Note Holder as provided in Section 5 below. 3. CALCULATING THE NEW NOTE RATE The New Note Rate will be a fixed rate of interest equal to the Federal National Mortgage Association's required net yield for 30-year fixed rate mortgages subject to a 60-day mandatory delivery commiunent, plus one-half of one percentage point (0.5%), rounded to the nearest one-eighth of one percentage point (0.125%) (the "New Note Rate"). The required net yield shall be the applicable net yield in effect on the dare and time of day that the Note Holder receives notice of my election to exercise the Conditional Refinancing Option. If this required net yield is not available, the Note Holder will determine the New Note Rare by using comparable information. 4. CALCULATING THE NEW PAYMENT AMOUNT Provided the New Note Rate as calculated in Section 3 above is not greater than 5 percentage points above the Note Rate and all other conditions required in Section 2 above are satisfied, the Note Holder will determine the amount of the monthly payment that will be sufficient to repay in full (a) the unpaid principal, plus (b) accrued but unpaid interest, plus (c) all other sums I will owe under the Note and Security Instrument on the Maturity Dare (assuming my monthly payments then are MULTISTATE BALLOON RIDER - Single Family - Fannie 114a Uniform Instrument Form 3160 (12189) ITEM eaeaLt (6606) ooeia eaooeo n ai (Potel aJ2 pager) aM,fttlrr ewiau FO,ma, rne.¦ roorm,c,a %'-53o-sss30Fnersaer-1131 ACCTN 144063752 BORN 12$6 PAGE 15 current, as required under Section 2 above), over die term of the New Note at die New Note Rate in equal monthly payments. Tl:e result of this calculation will be the amount of my new principal and interest payment every month until the New Note is fully paid. S. EXERCISING THE CONDITIONAL REFINANCING OPTION e The Note Holder will notify me at least 60 calendar days in advance of the Maturity Date and advise me of the principal, accrued but unpaid interest, and all other sums 1 am expected to owe on the Maturity Date. The Note [folder also will advise me that I may exercise the Conditional Refinancing Option if the conditions in Section 2 above are met. The Note Holder will provide my payment record information, together with the name, title and address of the person representing the Note Holder that I must notify in order to exercise the Conditional Refinancing Option. If 1 meet the conditions of Section 2 above, I may exercise the Conditional Refinancing Option by notifying the Note Holder no later than 45 calendar days prior to the Maturity Date. The Note Holder will calculate the fixed New Note Rate based upon the Federal National Mortgage Association's applicable published required net yield in effect on the date and time of day notification is received by the Note Holder and as calculated in Section 3 above. 1 will then have 30 calendar days to provide the Note Holder with acceptable proof of my required ownership, occupancy and property lien status. Before the Maturity Date the Note Holder will advise me of the new interest rate (die New Note Rate), new monthly payment amount and a date, time and place at which I must appear to sign any documents required to complete the required refinancing. I understand the Note Holder will charge me a $250 processing fee and the costs associated with updating the title insurance policy, if any. BY SIGNING BELOW, Borrower accepts and agrees to the terns and co is c&din es 1 and2 of this Balloon Rider. G G Bor(roower) A A Bor(roower) (Seal) (Seal) Borrower 9,,..?mer (Seal) (Seal) rrower Borrower /Sign Original OnW ITEM 65491.2 19405) Doc1d 00000011 el (Page 2 oft pages) Great takes Burin le Farms, IM.0 To 0rdu Ctll: 1-900.530 93970 Fee /117914101 ACCTN 144063752 E061286 PACE lf; BALLOON NOTE Mixed Rural THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. OCTOBER 3 .1995 NEW CUMBERLAND PENNSYLVANIA IChyl Israel 19 SUNSET DRIVE, MECHANICSBURG, PA 17055 IP,epeny AJJmuI 1. BORROWER-SPROMISETOPAY In return fora loan that 1 have received, I promise ho pay U.S. $91,250.00 (this amount is called 'principal'), plus interest, to the order of ilm 1,ender. Thu l,ender Is York Federal Savings and Loan Association, 101 South George Street, PO Box 15068, York, PA 17406-7068 .Iunderstand that die Lander may Ilansfet this Note. The tender or anyone who takes Ilds Note by transfer and who is entitled to receive payments under this Note is called ilia 'Note Holder.' 2. INTERESP Interest will be charged on unpaid principal until die AIR amount of principal has been paid. I will pay interest at a yearly talc of 7.625%. The interest rue required by dill Section 2 Is die laic 1 will pay bum before and after any dafruit described In Section 6(B) of this Note. 2. PAYMENTS (A) Time and Place of Payments I will pay principal cad Interest by raking payments every month. 1 will nuke my monthly payments on die 1ST day of each month bcglmdng on DECEMBER 1, 1995 1 will take these paynunts every month until I have paid all of the paimlpal and boerest and any odmr charges described below dui I ray owe under dill Note. My moodily payments will be applied to Inte4esl before principal. If, Oil NOVEMBER 1 r 2002 . I still owe amounts under this Note, l will pay dose amounts In full on chat dam, which is called die'nuturhy date.' I will nuke my monddy payments at YORK FEDERAL SAVINGS AND LOAN ASSOC, 101 SOUTH GEORGE STREET, YORK, PA 17401 or at a different place if required by die Note Holder. (B) Amount of Monthly Payment, My monthly payment will be in die amount of U.S. $ 650.21 4. BORROWER'SRIGHTTO PREPAY I have the right to make payments of principal at any Hine before they are duc. A payment of principal only Is known as a'prcpsymcm.' When 1 make a prepayment. I will tell the Noe Holder in writing chat 1 am doing ao. I may make a NII prepaynenl or partial prepayments without paying any prepayment chaigo. The Note Holder will um all of my prepsynanu to reduce the amount of principal that I owe under this Note. If I make a partial prepaymem, dare will be no changes In die due date or In die annum of my monthly payment unless die Note Ilolder agecs in writing to dmsc changes. S. LOAN CHARGES If a law, which applies to this loan and which see maximum loan charges, is golly Interpreted m that the interest or other loan charges collected or to lec collected In correction with this loan exceed die permitted Ilmlu, then: (I) any such loan Burge shall be reduced by die amount necessary to reduce die charge to the penmted Undl; and (it) any aunts already collected from tae which exceeded permitted limits will be refunded to tae. The Note Ilolder may choose to make this refund by reducing the principal 1 owe under this Noe or by mucking a direct payment (a Inc. If a re6md reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) [.ale Charges for Overdue Payments . if Ilia Note Holder bus net received Ilia NII urounl of any monthly payment by the clad of F IFTEENaaaaa calendar days after the due it is due, I will pay a chic charge to die Nom Holder. The amount of de charge will be 5.00 % of city overdue payment of principal and interest. I will pay this late charge promptly but only once on each ham payment. (11) Default VI do not pay lice full amount of each monthly payment on Ilia dale It is due, I will be in default. (CI Notice of Default If I am in default, die Noce Holder my send ma a written miles telling me dial III do not pay the overdue amount by a certain due, die Nee Holder nay require cite to pay inuadiately Ilia AJI vaunt of principal which has not been paid and all ilia Interest that I owe on that amount. That date most be al lean 70 days after ilia date on which the notice 'By Inihialing, the Borrower(s) ackmwlcdge(s) dial Inds page is page I of 2 of die Muhlhiare Balloon Fixed Rate Noe.' ACCTO 144063752 ATE NOTE • Singla Famlty• FNMA UNIFORM INSTRUMENT Fetm 7790 1181 0oa1e00aWaarla wniblmaeinmrpm. Dar as IualuaerOa n aulaculla 1416) 111 1mi (D) No Walver By Note Holder Even V. at a Time when 1 am In default, Its Note Holder doer rot require not to pay immediately In full u described above, the Note Holder will still have that right to do so If I am in default at a later dun. (E) Payment of Nma Holder's Cuts and Expenses If the New Holder has required me to pay immediately In full as described 'hove, the Note Holder will have as right to be paid back by me for All of Its costs and expenses In enforcing this Noe to the extent ram prohibited by applicable law. Tbose expenses include, for example, reasonable altomeys' fees. 7. GIVING OF NOTICES Unless applicable law requires a differem method, any notice that must be given to me under this Note will be given by delivering it or by mliing It by first class nail to me at the Property Address above or at a different address If 1 give die Nom Holder a wilce of my different address. Any notice thou must be given to the Note Holder under dds Now will be given by mailing It by first class mall to the Nom Holder at Ia address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more dun am 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 rids Now is also obligated to do dace thinad. Any person who takes over gate obligations, Including Live obligations Ora guarantor, surety or adorser of this Note. Is also obligated to keep all of the promises made in ads Note. The Nme Ilolder may enforce In rights under ibis Note against each person Individually or Balms all or us together. This meam that any one of us my be required to pay all of Lim amounts owed under this Now, 9. WAIVERS I and any otter person who has obligations under this None waive the tights of presentations and notice of dishonor. 'Presentment- mesa the right to require doe Note Holder a demand payment of amounts due. 'Notice of dishorc r' means dw right to require doe Note Holder to give notice to odor persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note It a udform Insuumens with IIMtsd varlsdons In some Jurisdictions. In addition to the protections given to the Nom Holder seder this Note, a Mortgage. Deed of Trust or Security Deed (doe 'Security Iminamem'), dated the same date as this Noe, protect$ the Note Holder from possible losses which might result if I do rot keep the promises which 1 make In this Note. That Security Instrument describes how will under what conditions I may be required to make Immediate payment In full of all amounts 1 owe under this Nom. Some of three condisions are described as follows: Transfer of the Property Oro Benefield Interest In Borrower. trail or any part of the Property army Interest in It It old or transferred (or if a beneficial Interest In Borrower Is sold or transferred and Borrower is me a nsmnl pence) without Lender's prior written consem. Lander may, at lot option, require immediate payment In full of all sums secured by Ids Security Instrument. However, this option shall not be exercised by lender it exerche Is prohibited by federal law as of the date of this Security Instrument. It Lander exercises this option, Lender shall give Borrower notice of acceleration. The anti" shall provide a period of not Ian than 30 days from the data the miles Is delivered or malted within which Borrower must pay all sun" secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, lender my invoke any remedies permitted by this Security Inswmem without further notice or demand an Borrower. WITNESS THE If AND(S) AND SEA LM OF THE UNDERSIONED. W II MISSED L /rye /? (Seal) E 4L (SCSI) (Seal) ....... (Seal) .8....... /Sign Original Only/ 'By Initialing, the Borrower(s) acknowledge(s) that this page Is page 2 of 2 of the Multistate Bdinon Fixed Rate Note.- arrTA laame17 am 4b.Iwwufan. L- ¦ tau IIOeruaMoa Paeanliln Dra t114rrb1131 BALLOON NOTE ADDENDUM (CONDITIONAL. RIGHT TO REFINANCE) THIS UALLOON NOTE ADDENDUM Is made this 3RD day of OCTOBER, 1995 and Is incorporated Into and sluff be deemed to upend and supplement the Balloon Note made by die undersigned (the 'Borrower') In favor or York Federal Savings and Loan Association, 101 South George Street, PO Box 15068, York, PA 17405-7068 (the'Iander') and dated a eleven date herewith (die 'Now'), The Interest rate stated on the Note is called the 'Note Rate.' The dateuf die Nom is called de 'Note Date.' L (Una Borrower) understand the Lander may frontier the Note, the related Mongolia. Dead of Trust or Deed to Secure Debt (the 'Security lestnunont') and this Addendum. The Lander or anyone who usage the Note, Security Instrument and this Addendum by transfer and who Is entitled to receive payments under the Nom Is called the 'Note Holder.' ADDITIONAL. COVENANTS. In addition to the covenants and agreements In the Security Iaerumem. Borrower and Lender further covenant and agree as follows (despite anything to the contrary contained In the Security hntmnnm or the Note): 1. CONDITIONAL RIGHT TO REFINANCE At the maur ty date of the Note and Security Imminent (fie "Maturity Dale'), I will be able to obtain a new loan ('New Loan') with a now Maturity Date of November 1, 2025 and with an Interest role equal to die 'New Now Rote' determined in accordance with Section 3 below If all the conditions provided In Sections 2 and 5 below are met (the "Conditional Refinancing Option'). If thou condition are real mt. i understand that the Note Holder to under no obli- gation to refinance or modify the Note, or to extend the Maturity Date, and that I will have to repay the Note from my own resources or find a lender willing to lend me the moray to repay the Note. 2. CONDITIONS TO OPTION If 1 want to exercise the Conditional Refiancing Option at maturity, certain condltions must be met as of the maturity note. a These condition are: (1) 1 must still be the owner and occupant of the property subject to the Security Iwtmment (the 'Property'); (2) 1 must be current In my monthly payments and cannot have been more dun 30 days late on any of the 12 scheduled monthly psyrram ImmedlaulY f?nceding the Mamdry Date; (3) w lien against the Property (except for axes Ad special asseumem tee yet due and payable) other than that of the Security Inswme a may exist; (4) the New Note Rate cannot be more dun 5 percentage points above the Noe Rate; and (5) 1 muse make a written request to the Note Holder as provided In Section 5 below. 3. CALCULATING THE NEW NOTE RATE "a New Note Rate will be ¦ fixed rate of Interest equal to the Federal Nallonal Mortgage AINCIMIOn'a required net yield for 30-year fixed raw mortgages subject to a 60-day mndatory delivery eoanthmenL plus one-half of one percentage polar (0.5 %), rounded to the nearest o e-elghdt of one percentage point (0.125%) (Ile 'New Note Rue'). The required not yield shall be the applicable net yield In effect on the date and time of day that the Note Holder receives mile* of my election to exercise die Conditions[ Refinancing Option. If this required not yield is not available, the Note Ilolder will determine the New Note Rate by wing comparable Information. 4. CALCULATING THE NEW PAYMENT AMOUNT Provided the New Note Rate a calculated in Section 3 above Is net greater than 5 percentage points above file Note Rare and all other eondilio a required In Section 2 above are satisfied, the Now Holder will determine the amount of rile monthly payment that will be sufficient to repay in full (a) the unpaid principal, plus (b) seemed but unpaid Interest, plus (c) all other sums 1 will owe under the Note and Security institutions on Use Manuel qq Date (assuming my monthly psymenu than use current, as required under Section 2 above), over the term of the New Noe at go New Note Rate In equal monthly payments. The result of this calculation will be the amount of my new principal and Interest payment every month until the New Note is fully paid. S. EXERCISING THE CONDITIONAL. REFINANCING OPTION The Note [folder will family me at least 60 calendar days In advance of the Maturity Date and advise me of the principal, seemed but unpaid interest, and all other sums I am expected to owe on the Maturity Date. The Nome Holder will also advise me that i may exercise the Conditional Refinancing Option if the conditions in Section 2 above are met. The Now Holder will provide my payment record information, together with the name, title and address of the person representing the Note Holder that I must rotily in order to exercise the Conditions] Refinancing Option. If I meet the conditions of Section 2 above, I nay exercise the Conditional Refinancing Option by ratifying the Note Holder no later drop 45 calendar days prior to die Maturity Dale. The Nome Holder will calculate dw fixed New Note Rate based upon the Federal National Mortgage Associa- tion's applicable published required nom yield In effect on da date end mime of day notification Is received by the Nome Holder and as calculated In Section 3 above. I will then have 30 calendar days m provide the Note [folder with acceptable proof of my required ownership, occupancy and property lien from. Before the Mami lry Date the Note Holder will advise me of the new interest rate (the New Nome Rats), new tenthly payment amount and a date, time and plug at which 1 must appear to sign any decuments required to complew the required refinancing. 1 understand the Now Holder will charge me a 5250 processing fee and the cons associated with updating the title Insurance policy, if any. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants committed in this Balloon Note Addendum. 7 /I (Seal) (Seal) -GEORGE L EF FIN R A Bctswer DAW N FINGER ecrrowdr _ (Seal) (Seal) -Borrower .5gumv, /Sign Original Orly/ )MULTISTATE BALLOON NOTE ADDENDUM • Single Family • Fannie Use Uniform Instrument ate not eta. I .11 an•I veimusate (9002) oaudooooootut auun..awao ro,ne.ts.¦ tau aswraa hits DM 100354144 3014A 1114106 1131 Jr.Ib / CONSTRUCTION LOAN NOTE RIDER This Construction Loan Note Rider ("Rider") Is made this day of October 3. 1995, and is incorporated into and shall be deemed to amend and supplement a NOTE, In the amount of US 591.2511.00 dated an even date herewith executed by the undersigned ("Borrower") to York Federal Savings and Loan Association ("Lender") secured by a Mortgage, Deed of Trust or Deed to Secure Debt ("Security Instrument") dated an even date herewith. In addition to the agreements and provisions made in said Note, Borrower and Lender further agree as follows: This loan is made for the purpose of financing the construction of improvements on the " land described in the Mortgage which secures this Note and for the permanent financing thereof. Borrower promises to pay Lender consecutive monthly interest payments on the outstanding principal balance on the lgl day of the month beginning December L 1995. Such payments of interest shall continue until August 1. 1996. Beginning on Sentember 1. ]Q,Q,¢, I/we the Borrower hereby acknowledges and agrees that principal and Interest payments must be paid on the full amount of the ioan at the rate of Interest and on the terms contained in the Note. If my/our home has not been completed at the end of the construction period, all funds In escrow will be held in a non-Interest-bearing escrow account and Ilwe will additionally be obligated to make full principal and Interest payments. Any provisions of said Note, or other such instruments executed in connection with said indebtedness which are inconsistent with the foregoing provisions of this Rider, are hereby amended or negated to the extent necessary to conform such Instruments to the provisions of this Rider. IN WITNESS WHERE OF, Boprpwer has executed this Construction Loan Note Rider. 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 a Sr. Vice President of YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to tlie penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. YORK FEDERAL SAVIN E AND LOAN ASS(DCIAkI(N Dated: Q) I) y y gy; :.range L.Zmith?Jr Sr. Vice President c. :fu l".• C? U 0 in WHVION HLO.8 : ] vRld INma O J QZV4 $'6l .................. s....... e7ow D ? C' 1 LO Oo oL ANWIONOH1ONd """"""""" Q 1SNMI - NI` -ldWOJ .. b661 ............... tsl ....... 17 I' l J