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HomeMy WebLinkAbout03-3683IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION--MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS, No. MARK RODGERS HOLLY I. RODGERS Defendants AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe romar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion pot cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFIClNA EN LA DIRECClON ESCRITA ABA.lO PARA AVERIGUAR DONDE PUEDE OBTENER A$1STENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION--MORTGAGEFORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS, MARK RODGERS HOLLY I. RODGERS Defendants COMPLAINT AND NOW, comes Plaintiff, Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants, Mark Rodgers and Holly I. Rodgers, as follows: Parties 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 235 North 2nd Street, P.O. Box 1711, Harrisburg, Pennsylvania 17105-1711. 2. One of the Defendants is Mark Rodgers who is an adult individual residing at 5305 Oxford Drive, Apt. 128, Mechanicsburg, Pennsylvania 17055 and he is a mortgagor and real owner of the Mortgaged Premises located at 43 East Columbia Road, Enola, Pennsylvania 17025, Cumberland County, having acquired title by Deed dated September 23, 1988, and recorded on September 23, 1988, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 0-33, Page 800. 3. The other Defendant is Holly I. Rodgers who is an adult individual residing at 43 East Columbia Road, Enola, Pennsylvania 17025 and she is a mortgagor and real owner of the Mortgaged Premises located at 43 East Columbia Road, Enola, Pennsylvania 17025, Cumberland County, having acquired title by Deed dated September 23, 1988, and recorded on September 23, 1988, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 0-33, Page 800. Mortgage 4. On or about April 24, 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 May 2, 1995 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1260, Page 1117. 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. On or about April 17, 1999 Avstar Mortgage Corporation assigned its interest in the Mortgage, which is the subject of this action, to Harris Savings Bank now known as Waypoint Bank and which was recorded on June 9, 1999 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 615, Page 562. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit B". 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 October 1, 2001 through the date of filing this Complaint as required by the terms of the Mortgage. Any payments that may have been made during this period were applied to the delinquency balance due and owing prior to October 1,2001. 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 $56,161.42 Interest from 9/1/01 to 7/18/03 (inclusive) at $12.6940 per diem $ 8,596.82 Late Charges from 10/1/01 to 7/18/03 (inclusive) at $22.54 per month $ 459.57 Homeowners Insurance (force placed) due 6/1/04 $ 600.00 Taxes due 4/1/04 $ 178.90 Mortgage Insurance due 4/3/04 $ 163.00 Taxes due 8/1/04 $ 498.51 Escrow Deficit $ 3,429.15 Attorney's Fees 5% $ 2,808.07 TOTAL AMOUNT DUE $72,895.44 Compliance with Homeowners' Emergency Assistance Act 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i) Defendant has failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendant, a true and correct copy of which is attached hereto as "Exhibit C"; or (ii) Defendant's application for assistance has been rejected by the Pennsylvania Housing Finance Agency. Inapplicability of Loan Interest and Protection Law 10. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101 et seq.), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. Termination of Automatic Bankruptcy Stay 11. On or about September 3, 2002 Defendant, Holly I. Rodgers, filed Chapter 13 bankruptcy with United States Bankruptcy Court for the Middle District of Pennsylvania, which bankruptcy case was docketed to Case No. 02-04786. 12. On March 25, 2003, said Bankruptcy Court entered an Order terminating the automatic stay arising from virtue of 11 U.S.C. § 362(a) with respect to Plaintiff, and permitting Plaintiff to bring this action to foreclose said Mortgage. A true and correct copy of said Notice to Creditors and Other Parties in Interest is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit D". WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank prays for judgment in its favor and against Defendants, Mark Rodgers and Holly I. Rodgers, in the amount of Seventy-Two Thousand Eight Hundred Ninety Five and 44/100 Dollars ($72,895.44), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Note, currently $12.694 per diem, from July 19, 2003, late charges at 5% of the monthly payment amount, currently $22.54 per month from July 19, 2003, escrow charges, currently $142.47 per month from July 19, 2003, attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. Dated: July 25, 2003 By: ~~~ Benjamin F. I:~g r. ~'~gs, J Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 hU:b ¢'~nr:,~T P Z]EOLER RECORDER OF DEEPS ,,UHB~R=~,, COUNTY-PA '95 "' nfl,. Z am 10 58 Parcel Number: [Space Above This Line For Recording Data] Documegts Prepared/by: , . MORTGAGE T~ERESA R. CARLSON Loan Number: 700162801 THIS MORTGAGE ("Security Insu-ument") is given on APRIL 24 ,1995 · The mortgagor is ~ARK RODGERS AND HOLLY I. RODGERS ("Bo~ower"). This Security Instrument is given to AVSTAR MORTGAGE CORPORATION The Commonwealth of Pennsylvania ,andwhose which is orEanized and existing under the laws of afldressis -1777 SENTRY PARKWAY WEST,t200, BLUE BELL PA 19422-0708 ("Lender"). Borrower owes Lender the principal sum of SIXTY THOUSAND AND 00/100 ********************************************************* Dollars (U.S. $ 60,000.00 ). This debt is evidenced by Borrower's note dated the stone date as this Securitylnstrument ("Note"), which provides for monthly paymems, with the full debt, if not paid earlier, due and payable on MAY 01 ,2025 . This Security Isstrument secures to Lender: (a) the repayment of the debt evidenced by the Nme w_ .pretest, '~.-"d ~! renewals, cxtcnsions ,=id modiiicauons 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: Legal Description attached hereto and made a part hereof. which has the address of 43 EAST COLUMBIA ROAD ENOLA Pennsyivama 17025 [Zip Code] ("Property Address"); PENNSYLVANIA-Sing~eFamily -FNMA/FHLMC UNIFORM INSTRUMENT Form3039 9/90 (~.6R(PA)(94~o)mtgline 1.1 Amended5/91 .... ~ ]Street, City], TOGETH]ER WITH 'all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall 'also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." ' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances ol record. THIS SECURITY INSTRUIVIENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secUrity instrument covering real property. LrNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment nf 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 die Property; (b) yearly leasehold paymenks or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, il' any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payraents. Unless applicable law providas 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 [axes, assessments, charges, fines and impositions attributable to the Property which may a~mn priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith [he 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 th-it any part of the Property is subject to a lien which may attain priority over this Security Insa'ument, 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. Form 3039 9/9~,,~,~ Page 2 o, 6 Jnil*als:/~'~'- ~'~ ~P~-6R(PA)(94~ol mtgli~e 1.~ 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected ou 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 instance shall be maintained th the mounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not 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 m Lender all receipts of paid premiums and renewal notices. In tile 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 itl writing, insurance proceeds shall be applied m restoration or repair of the Property damaged, if the restoration or repak is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically leasible 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 stuns 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 m in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lander, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days at'ter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year ~ter the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumsC:mces 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's 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 intbrmation or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principai residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires lee tire to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly ai'fect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premimns required to obtain coverage subsumtially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, l~*om an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve (~'~® -6R(PA)(g4ml Form 3039 9/90 Page mtgline 1.1 ,payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement l'or 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 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 l;air market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured i~nmediately 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 it', al'ret notice by Lender to Borrower that the condemnor offers to make an award or setfle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected l¥om Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose [o 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 mall to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided l'or in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Guverning 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 ',fffect 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. ~-6R(PA)(941o) mtgline 1.1 '~ }~ ': '' Form 12flu 1120 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as 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 judgmem enforcing this Security InstIument. 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 Semority lnsD'ument, 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 he sold one or more times without prior notice to Borrower. A sale may result in a change in the ent/ty (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 para~.nraph 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 contmn 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 m 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-UN. JFORM 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 priur to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by .judicial proceeding and sale of the Property. Lender shall further inform Burrower of the right to reinstate atler acceleration and the right to assert in the foreclosure proceeding the non-existence nfa default or any other defense of Borrower to acceleration and foreclosure. It' 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 he entitled to collect all expenses incurred in pursuing the remedies prnvided 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. Form 24. Reinstatement Period. Borrower's time to reinstate provided in p~agraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other;sale l:~ursuant to this!,Seeurity Instrument. 25. Purchase Money Mortgage. If any of the debt'secured by this ge&my Instrument is lent to Borrower to acquire tide to the Property, this Security Insamment shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable al'tor a judgment is entered on die Note or in an action of mortgage loreclosure shall be the rate payable from time to thne under the Note. 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 mid shall amend and. supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Secunty Instrument. [Check applicable box(es)] [] Adjustable Rate Rider [] Condominium Rider [~ 1-4 Family Rider I---] Graduated Payment Rider [] Planned Unit Development Rider [-~ Biweekly Payment Rider [] Balloon Rider ~ Rate Improvement Rider ~ Second Home Rider [~ VA Rider ~] Other(s) [specify] any rider(s) execnted by Borrower and recorded with it. Witnesses: BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security lnsmament and in -Borrower H R R -Borrower (Seal) (Seal) -Borrower -Borrower Certificate of Residence I, THERESA R. CARLSON the within-named Mortgagee is 1777 SIg:I~,~'RY pARK¥/AY WEST $200 , do hereby certify that the correct address of BLHlg BELL PA 19422-0708 Wimess my hand this TWENTY FOURTH day of COMMONWEALTH OF PENNSYLVANIA, APRIL 1995 THERESA R. CARLSON Agent of Mo~ee County ss: DAUPHIN On this, the 24 day of APRIL personally appeared MARK RODG]~RS Al%rD HOLLY I. RODGERS 1995 , before me, the undersigned officer, known to me (or satisfactorily proven person a whose name s aro subscribed to the within instrument and acknowledged that t:hey executed the same lbr the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: JODY . ~ t~mmt~sion r~lpiroa Nov 3, 1~ Titl* of Officer t~ -SR(PA){94~m mtgline Page 6 of 6 Form 3039 9~90 Description AIL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in EaSt Pennsboro Township, Cumberland CountY, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the corner of lands now or IdLe of D. BleSsing; said point being measured 520.91 feet to the Southwest terminus of a curve connecting the westerly side of Enola Road to the Northerly side of Columbia Road; thence Wes~l/vardlv along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the corner of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 6t.96 feet to a hub at the comer of lands now or formerly of D. Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the Place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as and numbered 43 Columbia ROad. BEING the same premises which David B. t~filllams and Mary JO Williams, his wife, by their deed dated September 22, 1988 and recorded September 23, 1988 In Deed Book "0", Volume 33, Page 800 in the Cumberland Counb/ Recorder of Deeds, granted and cunveved unto Mark Rodgers and Holly L Rodgers, MORTGAGORS herein. ~;urnb~rland office for the re~rding APRIL 24 ,1995 NOTE E};IOLA ]City] Loaf. unbar: 700162801 PA [Slatel 43 EAST COLUMBIA ROAD ENOLA IPropeny Address] PA 17025 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S "principal"), plos interest, to the order of [he Leuder. The Lender is 60,000.00 (this amonar is called AVSTAR MORTGAGE CORPORATION . I understand that the Lender may lransfer this Note. The Lender or anyone who takes this Note by transfer and who is entided to receive payments under ails Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amoont of principal has been paid. I will pay interest at a yearly rate of 8.250 %. The interest rate required by this Section 2 is file rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the firStday of each month beginning on JlJlltg 01 1995 . I will make these payments every month until I have paid all of the principal and interest and any other charges describedMAybelow that I ma0)[ ,°we under this Note. My monthly payments will be applied to interest before principal. If, on 2025 , I still owe amounts under this Note, I will pay those amounts in fnll on that date, which is called the "Maturity Date." I will make my monthly payments at 1777 SENTRY pARKWAY WEST, SUITE 200, P.O. BOX 3022 BLUE BELL PA 19422 - 0708 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 450.76 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use 'all of my prepayments to reduce the ammmt of principal that I owe under this Note. If I make a partial prepayment, there wilt be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which s~ts maximur0 loan .charges, is finally thterpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums akeady collected l¥om me which exceeded pemritted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, tl~e reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Cliarge Ior Overdue Payments If the Note Holder has not received the full amount of any monthly payment by tile end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of file charge will be 5.00 % of my overdue payment of principal and interest. I wilt pay this late charge prompdy bnt only once on each late payment. (Il) Default If I do not pay file full amount of each monthly payment on II)e date it is due, 1 wilt be in default. (C) Notice of Delault If I am in default, the Note Holder may send me a written notice telling me that if I do not pay tile overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I mn in default, the Note Holder does not require ina to pay iinmediately in full as described above, die Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, lbr example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give tile Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail ti) the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. MULTISTATE FIXED RATE NOTE - Single Family - FRMA/FHLMC UNIFORM INSTRUMENT ~ 19410} VMP MORTGAGE FORMS -1800)521 7291 .8, OBLIGATIONS OF PERSONS UNDER I'IIIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of dtis Note is also obligated to do these things. Any person who rakes over these obligations, inclnding the obligations of a guarantor, anrety or endorser of this Note, is also obligated to keep ail of the promises made in this Note. Tile Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one ol us umy be requh'ed to pay all of rite amounts owed under this Note. 9. WAIVERS I and any mher person who has obligations under fltis Note waive the rights of presentmant and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a nni[m'm instrnment with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (rite "Security Instrument"), dated the stone date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I m',d.:e in this Note. That Security lnstrmnent describes how and under what conditions I may be reqnired to make immediate paymant iu full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of fl~e Property or any thterest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natorai person) withont Lender's prior written consent, Lender may, at its option, require immediate payment in full of all stuns 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 ;nailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums poor to the expiration of this period, Lender may invoke any remedies permitted by this Security Inslxmnent without further notice or demand nu WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. SSN: SSN: (Seal) Borrower (Seal) -Borrower (Seal) (Seal) (Sign Original Only) HSB#: 7001628 FNMA TAX CODE/Pin: ASSXG EN OZ UORtSASE '99 JUN 9 11 FOR GOOD ~ VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, AVSTAR MORTGAGE CORPORATION, a Pennsylvania Corporation, whose address is 1515 DeKalb Pike, Blue Bell, PA 19422, (assignor), by these presents does convey, grant, sell, assign, transfer and set over the described mortgage/deed of trust together with the certain note(s) described therein together with all interest secured thereby, all liens, and any rights due or to become due thereon to HARRIS SAVINGS BANK, a Pennsylvania Corporation, whose address is 234 N. 2nd St., Harrisburg, PA 17101, its successors or assigns (assignee). Said mortgage dated 04/24/95 in the amount of $60,000.00 made by MARK RODGERS to AVSTAR MORTGAGE CORPORATION recorded on 05/02/95, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Book 1260 , Page 1117 (or Document No. ) Mortgage Premise:43 EAST COLUMBIA ROAD EAST PENNSBORO TOWNSHIP ENOLA,PA 17025 In Witness whereof, the said Corporation has caused this instrument to be executed in its corporate name by Kansas Wilson its Vice President the Asst. Secretary this 17th day of April, 1999 AVSTAR MORTGAGE CORPORATION Kgn~r~ as Wllson- V~ President and by Anait Melkonyan its authorized signer, ATTEST: An~ Asst. Secretary STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 04/17/99 , before me, Jim Beasley the Undersigned, Notary Public, personally appeared Kansas Wilson , who acknowledged to be the Vice President and Anait Melkonyan the Asst. Secretary of AVSTAR MORTGAGE CORPORATION a corporation, and that s/he as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by themselves as such corp- orate officers. IN ~LL~NESS WHEREOF, I hereunto set my han~ giro ~sz~ey Notary Puollc My commission expires: 02/26/2003 ~ GOM~.SXP. F5B. 26,2003~ ~ ~~ , do certify that the above address of the assignee is: ~ARRIS SAVINGS B~K, a Pennsylvania Corporation, w~se add/ess is 234 N. 2nd St., Harrisburg, PA 17101, its~uc~ssors or assigns (assignee). Prep~d M.Hoy/NTC,420 N. Brand B1.4th Fl. Glendale, CA 91203 (800)346-9152 Return to: Nationwide Title Clearing 420 N. Brand Blvd. 4th F1 Glendale, CA 91203 Loan Number 7001628 Assignment of Mortgage from: AVSTAR MORTGAGE CORPORATION, a Pennsylvania Corporation, whose address is 1515 DeKalb Pike, Blue Bell, PA 19422, to: HARRIS SAVINGS BANK, a Pennsylvania Corporation, whose address is 234 N. 2nd St., Harrisburg, PA 17101, its successors or assigns (assignee). (assignor), Mortgagor:MARK RODGERS when recorded return to: Nationwide Title Clearing 420 N. Brand Blvd. 4th Fi Glendale, CA 91203 Ail that certain lot or piece of ground situated in Mortgage Premise: 43 EAST COLUMBIA ROAD EAST PENNSBORO TOWNSHIP ENOLA, PA 17025 CUMBERLAND (Borough or Township, if stated), Commonwealth of Pennsylvania. Being more particularly described in said mortgage HRSAS wl 5WL , ', :tvm'Omlberlandj[ 86 dc · ~?, in the office for the recording )1 ~,. j.: ~.t:(. i~l and for Cumberland Co ~ ~v, Pa _ w;mess m~ hand an~.seal of office of Carlisle, PA this June 13, 2003 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attaci~ed lmges. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (ItEMAP) mat, be able to help to save your home. This notice exl)lains how the proRram works. To see if I:I~MAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling A~ene¥. The name, address and phone number of Consumer Credit Counseling A~encies serving your County are listed at tile end of this Notice. If you have ant, rmestions, yon may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 786-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. Yon may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN Al)JUNTO ES DE SUMA IMPORTANCIA, PtYES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPILENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TIL4DUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARILIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM~ LLAIViADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PIJEDE SALVAR SU CASA DE LA PERDD)A DEL DERECHO A REDIMIR SlfJ I-IIPOTECA. RO. [lox I?1 l, HARRISBURG, P~NNSYLVANIA I?IOS-1711 HOMEOWNER'S NAM~E (S): _Mark Rodgers PROPERTY ADDRESS: _43 East Columbia Road, Enola, Pa 17025 MAILING ADDRESS: _43 East Columbia Road, Enola, Pa 17025_ LOAN ACCT. NO.: _7001628 ORIGI]NAL LENDER: _Avstar Mortgage Corporation . CURRENT LENDER/SERVICER: Wavpoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FENANCIAL ASSISTANCE WltlCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMlgNTS IF YOU COMPLY WITH T}IE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TI~ "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · 1F YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISI-~D BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days fi'om the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT TItlI~Ty (30) DAYS. 1]F YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BP. lNG YOUR MORTGAGE UP TO DATE. THE PART OF THiS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'k EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and tele'0hone numbers of designated consumer credit counselina aeencies for the county in which the Crol)erty is located are set forth at the end of this Notice, It is only necessary to schedule one face4o-face meeting. Advise your lender immediatel7 of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mo~gage Assistance Program. To do so~ you mus~ fill out, sign and file a completed Homeowner's Emergency Assistance Program Application wit]] one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agenmes have applications for the pro.am and they will assist yon in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW Tt-EE OTI-IER TI/VIE PERIODS SET FORTH 1N Tills LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOiVIE IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON~--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to malce a decision after it receives your application. Dunng that time, no foreclosure proceedings will be pursued against you if you have met the t~me requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TI-IE FILING OF A PETITION IN BANKRUPTCY, TIlE FOLLOVv'ING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSEDERED AS AN ATTEMPT TO COLLECT TI-IE DEBT. (If yon have ~ed bankruptcy you can still appl)~h' tbr Emergency Mortgage Assistance.) BOV~~ TO CURE YOUR MORTGAGE DEFAULT (Brink it up to date). NATURE OF TIlE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: _ 43 East Columbia Road, Enola, Pa 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS roi' the following months mhd the following amounts m'e now past due: Payments of $593.23 due each for the months of October, November and December 2001, January, February, March, April, May, June, July, August, September, October, November m~d December 2002 and Jm~uary, February, March, Apr/I, May, June 2003. B. Other charges: _Late Charges $414.49 + Legal Fees & Costs $5,367.02 TOTAL AMOUNT PAST DIRE: $18,239.34 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: ltOW TO CURE TI-IE DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of this notice Bi' PAYING TIt~ TOTAL AMOUNT PAST DUE TO TIt]g LENDER, WHICH IS $18,239.34 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PEK[OD. Payments must be made either by casla, cashier's check, certified check or money order made pavable and sent to: Wavoomt Bank 449 Eisenhower Blvd. Harrisburg. PA 17I 11 IF ¥O1[1 DO NOT CURE THE DEFAULT---If you do not cure the default within THIRTY (30) DAYS of/he date of this Notice, the lender intemls to exercise its rights to accelerate tile mortgage debt. This means that the entire outstanding balance of this deter will be considered due mmaediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortffaaed ¢ropert'v, IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasouable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the louder, which may also include other reasonable costs. If yon cure the default within the THIRTY (30) DAY period, you will not be reouired to 0ay attorney's fees. OTIrlER LENDER REMED][ES---The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CUR~ THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the SherifFs sale. Yon may do so by pavin~ the total amount then past due. plus any ]are or other cbar~es then due~ reasonable attorney's fees and costs connected with the foreclosure sale and mix/other costs counected with the Sheriff's Sale as specified in wntin;: by the lender and by performin~ any other reouirements under the mortgage. Curing yom' dethult ia the manner set forth in this notice will restore your mortgage to fl~e same position as if yon had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE---It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four months fi'om the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT TIH~ LENDER: Name of Lender: Address: .Phone Number: Fax Number: Contact Person: Wa~oint Bank 449 Eisenhower Blvd.. Harrisbura, PA I711 (717) 909-2735 or 1-866-929-7646 ext. 2735 (717) 909-2780 Mar£aret Reader EFFECT OF SHERIFF'S SALE---You should realize that a Sheriff's Sale will end your ownership of the mortgaged property aod your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE---You X may or __may not (CHECK ONE) sell or transfer your home to a buyer or transf~ee who will assume the mortgage debt, provided that al~ the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that lhe other requirements of the mortgage are satisfied. MR/nek YOU' MAY ALSO }lAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY TH/RD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURJLED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS~ TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANIGRUPTCY LAW. Very truly yours, lwtargaret R~a~ler Collection C6unselor If funds are received and negotiated in less than the total all')OlZl.lUtt due including legal fees and costs~ ~/aypoint Bank rese~wes the i'ight to i'etui~ the funds to yoo amd continue ~dth legal pI'oceedin~s pen~ng ~'eceipt of the total ~u:~oun't due. LOOK f:::O~ ~.~. W~'LL ~ffT YOU THE~E. CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6~h Street Harrisburg, PA 17101 (7~ 7) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 73%9589 Community Action Corem of the Capital Region 1514 Derry Street Harrisburg, Pa 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 33&8326 RO. Box 1711. HARRISBURG. P6NN~¥LVANIA 1710-~-1711 June 13, 2003 The subscriber below of the U. S. Post Office located at 5120 Derry Street, Harrisburg, PA 27121, does hereby certify that an envelope was mailed with postage prepaid by First Class Mail from the g/aypoint Bank addressed to Mark Rodgers, 43 East Columbia Road Enola, Pa 17025, properly deposited ~( S. Mail for delivery this 13tJ' day of&ne, 2003. U. S. Post Office 5220 Derry Street Harrisburg, PA June 13, 2003 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is a~ official notice that the mortea~e on your home is in default, and the lender intends to tbreelose. Specific intbrmation about the nature of the default is provided in the attached paces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAl?) may be able to bdo to save your home. This notice explains how the pro.oram works. To see if HEMAP can help, you must MEET WITI:I A CONSUM3ER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TI-IE DATE OF TillS NOTICE. Take this Notice with you when you meet with the Counseling Aeenev. The name, address and phone number of Consumer Credit Counseling Aeeneies servine yom' Count~, are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housin~ Finance Aeency told free at 1-800-342-2397. (Persons with impaired hearing can call (717) 7804 869]. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA LMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR V/VIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIF1CACION OBTENGA UNA TRADUCCION INNEDITANIENTE LLANIANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENC1ONADO ARRIBA. PUEDES SER ELEGIBLE PALL4, UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER,ECHO A REDIMIR SU KIPOTECA. RO, Box 171L HARRISBURG. PENNSYLVANIA i710~;-1711 HOMEOWNER'S NAME (S): _Mark Rodgers PROPERTY ADDRESS: _43 East Columbia Road, Enola, Pa 17025_ MAILING ADDRESS: _6484 Carlisle Pike, Mechanicsburg, Pa 17055_ LOAN ACCT. NO.: _7001628 ORIGINAL LENDER: _Avstar Mortgage Corporation CLrRRENT LENDERJSERVICER: Wavpoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WI/ICH CAN SAVE YOUR HOME FROM FORECLOSURlg AND HJgLP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU CO1VIPLY WITII THE PROVISIONS OF TItlE HO1VIEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TILE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE · IF YOUR DEFAULT ItAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISH]ED BY TI?IE TEMPORARY STAY OF FORECLOSUI~---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting u4ith one of the consumer credit counseling agencies listed at the end of this Notice. TillS MEETING MUST OCCUR WITIIlN TF/E NEXT Tml{TY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desienated consumer credit counselin~ a~encies for the county in which the Drolaertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender inmaediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for finaucial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sig~ and file a completed Homeowner's Emergency Assistmme Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counsehng agencies have applications for the progran~ and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TI:[E OTttER TIN[E PERIODS SET FORTH 1N THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOM[E INIMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON---Available funds for emergency morlgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that Ume, no foreclosm'e proceechnga will be pursued ag~mst you if you have met the time requirements set forth above. You will be nnhfied directly by the Pennsylvania Housing Finance Agency of its decisinn on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TtI]E FILING OF A PETITION IN BANKRLrpTcY, TIlE FOLLOWING FART OF Tills NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TI-IE~ DEBT. (If you have filed bankruptcy yon can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF Tilt; DEFAULT---The MORTGAGE debt held by the above lender on your property located at:_ 43 East Columbia Road, Enola, Pa 17025 IS SERIOUSLY IN DEFAULT because: A. YOU H. AVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments of $593.23 due each for the months of October, November and Dece'mber 2001, January, February, March, April, May, June, July, August, September, October, November mad December 2002 and January, February, March, April, May, June 2003. B. Other charges: _Late Charges $4I 4.49 + Legal Fees & Costs $5,367.02 TOTAL AMOUNT PAST DUE: $18,239.34 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE TH]E DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of this notice BY PA'kqNG THE TOTAL AMOUNT PAST DLrE TO THE LENDER, WHICH IS $18,239.34 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash, cashier's check, certified cheek or money order made l~avable and sent to: Wawoint Bank 449 Eisenhower Blvd. Harrisburg. PA 17111 IF YOU DO NOT CURE THE DEFAULT---If you do not cure the default within THIRTY (30) DAYS of the date o£this Notice, the lender intends to exercise its ri~ohts to accelerate the mortga~oe debt. This means that the entire outstanding balance of this debt will be considered due inn'nediately and you may lose the chance to pay the morXgage m monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose ul~on your mort~oa~ed ~ror~ertv. 1F TIrIE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers yom- case to ~ts attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will st/l] be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, wbich may also include other reasonable costs. If vou cure the default ~vithin the THIRTY (30) DAY veriod, yon will not be rer/uired to var attorney's fees. OTHER LENDER REMEDIeS---The lender may also sue you personally for the unpaid pnncipal balance and all other sums due under the mortgage. RIGHT TO CURE TI-IE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the n~ht to cure the default and prevent the sale at any time uv to one boor before the Sheriff's sale. You may do so by vayin~ the total amount tben past due, plus any late or other char~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by verformin~ any othe* requirements under the mortgage. Curing your detroit in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE---It is estimated that the earliest date that such a Sheriff's Sate of the mortgaged property could be held would be approximately four months from the date of/his Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: WaY0oint Bank 449 Eisenhower Blvd., Harrisbum. PA 17111 (717} 909-2735 or 1-866-929-7646 ext. 2735 (717) 909-2780 Marearet Reader EFFECT OF SITERIFF'S SALE---You should realize that a Sheriff's Sale will end your ownership of the mortgaged property, and your right to occupy it. If you cominue to live in the property atker the SherifPs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE---You X may or ~may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, chm'ges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. MR/nek YOU MAY ALSO HAVE TI-YE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PA5~ OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CLrRZD BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, /~ YOU CURE THE DEFAULT. (HOWEVERI YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSLrRE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Collection Counselor If funds a~'e received and negotiated in less than the total amount due i~cluding legal fees and costs; V~aypoint Bank rese~'es the ~'ight to ~'eturn the funds to yo~ and continue ~dth legal, p~'oceedings pen~g receipt of the total amount due. W yp i.nt LOOK FOR US, ~/E'LL EiET YOU THERE CUMBERLAND COUNTY CCCS of Western Pennsylvania, thC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234~9459 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, Pa 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 June 13, 2003 The subscriber below of the LL S. Post Office located at 5120 Derry Street, Harrisburg, PA 17111, does hereby certify that an envelope was mailed with postage prepaid by First Class Mail from the Waypoint Bank addressed to Mark Rodgers, 6484 Carlisle Pike, Mechanicsburg, Pa ] 7055, properly deposited U. S. Mail for delivery this ]3a~ day of dune, 2003. U. S. Post Office By: ,, . ~ ~ ... 5120 Derry Street Harrisburg, PA P.O. Box 171L_HARRISSUR~, P6NNSYLVANIA .......... 1710~;-1711~ , .~L _, .... /~ 11 ~// L June 13,2003 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morkoa~oe on your home is in default, and the lender intends to foreclose. Specitlc information about the nature of the default is provided in the attached pa~es. The HOIV[EOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hel~ to save your home. This notice explains how the proaram works. To see if HEMAP can hdv, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF T/~S NOTICE. Take this Notice with you when you meet wifli the Counselino~ Aeencv. The name, address and phone number of Consumer Credit Counselin~o Aeencies servin~o your CounW are listed at the end of this Notice. If you have any questions, yon may call the Pennsylvania Housine Finance Aeenev toll free at 1-800-342-2397. (Persons with impaired bearin~o can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bat' association may be able to help you find a lawyer. LA NOT1FICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SI! DERECHO A CONTINUAR VIVllgNDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEG1BLE PARA UN PRESTAMO POR EL PROGRANIA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECItO A RlgDIMIR SU HIPOTECA, RO. Box 171[, HARR~SBIJRI3, PENNSYLVANIA iTIOB-ITII HOMEOWNER'S NAME (S): _Holly I Rodgers PROPERTY ADDRESS: 43 East Columbia Road, Enola, Pa 17025_ MAILING ADDRESS: _43 East Columbia Road, Enola, Pa 17025_ LOAN ACCT. NO.: 7001628 ORIGINAL LENDER: _Avstar Mortgage Corporation CURRENT LENDEIUSERV/CER: Wavpoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WI-IICH CAN SAVE YOUR HOME FROM FORECLOS~ AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TH~ PROVISIONS OF THE HOMEOWNER'S ENIERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU ItAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR 'WITHIN TIlE NEXT THIRTY (30) DAYS. /Y YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSU1VtER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this nreetmg. The names, addresses and televhone numbers of designated consumer credit counselinz a~encies for the county in which the vroverh, is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediateI¥ of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific informatmn about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fiuaocial assistance fi-om th~ Homeowner's Emergency Mortgage Assistance Program To do so, you most fill out, si=ma and file a completed Homeowner's Emergency Assistauce Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the progTam and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TFfE OTI-~ER TIM~ PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THV FILING OF A PETITION IN BANIGRUPTCY, TlZl~ FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (lf yon have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HO~r TO CURE YOUR MORTGAGE DEFAULT (Brin~ it up to date~. NAT~ OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: _ 43 East Columbia Road, Enola, Pa 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following mounts are now past due: Payments of $593.23 due each for the months of October, November and December 2001, January, February, March, April, Ma3,, June, July, Au~tst, September, October, November and December 2002 and January, February, March, Apr/l, May, June 2003. B. Other charges: _Late Charges $414.49 + Legal Fees & Costs $5,367.02 TOTAL AMOUNT PAST DUE: $18,239.34 YOU HAVE FAILED TO TAKE THE FOLLOWING ACT1ON: HOW TO CIJB~ THE DEFAULT---You may cure the default within THIRT3' (30) DAYS of the date of this notice BY PA'kING THE TOTAL AMOUNT PAST DUE TO THeE LENDER, WHICH IS $18,239.34 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments lnust be made either bv cash, cashier's check~ certified check or money order made vavable and sent to: Wayl>oint Bank 449 Eisenhower Blvd. Harrisbum. PA 171 ] l IF YOU DO NOT CURE THt~ DEFAULT---If you do not cure the default witbm THIRTY (30) DAYS o£the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. Th~s means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instract ~ts attorneys to start legal action to foreclose ut~on your mortgaged property. IF TY/~; MORTGAGE IS FORECLOSED UPON---The mortgaged properly wilt be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will bave to pay all reasonable attorney's fees actually incurred by the lender even if tbey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, whicb may also include other reasonable costs. If yon cure the default within the THIRTY (30) DAY period, you will not be required to l~av attorney's fees. OTHER LENDER REMEDIES---The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGI-IT TO CURE TI-IE DEFAULT PRIOR TO SIdERIFF'S SALE---If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rieht to cure the default and prevent the sale at any time up to ooe hour before the Sheriff's sale. You ma,/do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected witb the foreclosure sale and any other costs connected with fl~e Sheriff's Sale as specified in writin~ by the lender and by performine any other requirements under the mort~aee. Curing your delhult in the manner set Ibrth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SIZLERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wmt. You may find out at any time exactly what the required payment or action will be by contracting the lender. HO~r TO CONTACT TH~ LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wawoint Bank 449 Eism~hower Blvd., Han-isbur~. PA 17111 (717) 909-2735 or 1-866-929-7646 ext. 2735 (717) 909-2780 Marearet Reader EFFECT OF SHERIFF'S SALE---You should realize that a Sberiff's Sale will end yom- ownership of/he mortgaged property aud your right to occupy it. If you continue to live in the properg, after the Sheriff's Sale~ a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any t~rne. ASSUIVIPTION OF MORTGAGE---You X _may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attoruey's fees and costs are paid prior to or at the sale aud that the other requirements of the mortgage are satisfied. YOU MAY ALSO I~AVE THY RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INST/TUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CUR~ YOUR DEFAULT MOKE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELI~EVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANK2~LIPTCY LAW. Very truly yours, Collection Counselor MR/nek If funds are receipted and negotiated in less than the total alll. OLlllt due including legal fees and costs; '~aypoint Bank ~.'esen~'es the i'i~lat to l'etm-n the funds to you and continue ~dth legal proceedings pen~ng l'eceipt of the io~al amoun't due. LOOK FOR US. WE'LL GET YOU THERE. CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg txl. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, Pa 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 RO. Bo)( 171 I, HARRISBURG. PENNSYLVANIA 171OS-1711 June _13, 2003 The subscriber below of the U. S. Post Office located at 5120 Derry Street, Harrisburg, PA 1 71]], does hereby certify that an envelope was mailed with postage prepaid by First Class Mail from the Waypoint Bank addressed to Holly I Rodgers, 43 East Columbia Road, Enola, Pa ] 7025, properly deposited ~ S. Mail for delivery this 13a' day of June, 2003. ~ S. Post Office 5]20 Derry Street Harrisburg, PA P.O. Box 1711, HARRISBURG. PENNSYLVANIA .............. 1710S-1711 IN RE: RODGE~S, HOLLY IRENE Debtor(s) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA CASE NO. 02-04786MDF-1 CHAPTER 13 NOTICE TO CREDITORS AND OTHER PARTIES IN INTEREST Notice is hereby given that the Com-t has entered an Order dated MARCH 25, 2003 DISMISSING the above-captioned case due to: TRUSTEE'S MOTION TO DISMISS DATE: March 25, 2003 Clerk, U.S. Bankruptcy Court 228 WALNUT STREET P.O. BOX 908 HARRISBURG, PA 17108-0908 VAN-87 010952 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 Default Specialist of Waypoint Bank, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. WAYPOINT BANK Dated: ~7,/'~ 5' ,.~o~ Barbara L. Hou%e'holder Default Specialist IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS : AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants No. 03-3~83 Civil Term CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 27, 2003, a 10-Day Default Notice in the above-captioned matter was mailed to Defendant, Holly I. Rodgers, by regular mail, postage prepaid. A true and correct copy of the 10-Day Default Notice is attached hereto and incorporated by reference. Dated: August 27, 2003 Benjamin F. ~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FOREC:LOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION : HARRIS SAVINGS BANK Plaintiff VS. No. 03-3683 Civil Term MARK RODGERS HOLLY I. RODGERS TO: Defendants Holly I. Rodgers 43 East Columb~Road Enola, Pennsylvania 17025 DATE OF NOTICE: August 27, 2003 NOTICE YOU ARE IN DEFAULT BECAUSE YOU H ' WRITTEN APPEARANCE PERSONA AVE.FAILED TO ENTER A LLY 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 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. Dated: August 27, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ,4 Benjamin F./Riggs, Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 8115-4518 I.D. No. 72030 SHERIFF'S RETURN CASE NO: 2003-03683 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS RODGERS MARK ET AL - REGULAR RICHARD SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE RODGERS HOLLY I DEFENDANT , at 1755:00 HOURS, at 43 EAST COLUMBUS ROAD ENOLA, PA 17025 by handing to HOLLY RODGERS a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 6th day of August the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this ~?~ day of ~ A.D. / Prothonotary ' · So Answers: R. Thomas Kline // Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-03683 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND WAYPOINT BANK VS RODGERS MARK ET AL R. Thomas Kline duly sworn according to law, says, that he made inquiry for the within named DEFENDANT RODGERS MARK unable to locate Him in his bailiwick. COMPLAINT - MORT FORE a diligent ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the the within named DEFENDANT , RODGERS MARK 5305 OXFORD DRIVE APT 128 MECHANICSBURG, PA 17055 PER EX-WIFE, MARK IS LIVING SOMEWHERE IN FLORIDA. , NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service .00 Affidavit 5.00 Surcharge 10.00 .00 33.00 So answers: R. Thomas Kline Sheriff of Cumberland County WAYPOINT BANK o8/o7/2oo3 Sworn and subscribed to before me this ~ $ ~ day of ~' 20u~ A.D. PrOthonotary IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS, No. 03-3683 Civil Term MARK RODGERS HOLLY I. RODGERS Defendants MOTION FOR ORDER DIRECTING METHOD OF SERVICE OF COMPLAINT AND NOTICE OF SHERIFF'S SALE PURSUANT TO RULE 430 AND 3129.2 AND NOW, comes the Plaintiff, VVaypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank (hereinafter "Waypoint Bank"), by its attorney, Benjamin F. Riggs, Jr., and moves this Honorable Court as follows: 1. On July 31, 2003 Plaintiff initiated an action in mortgage foreclosure with the Prothonotary of Cumberland County, Court of Common Pleas regarding property located at 43 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025. 2. Waypoint Bank is unable to effect personal service of the Complaint upon Defendant, Mark Rodgers. a= R. Thomas Kline of the Cumberland County Sheriff's Department attempted to serve the Defendant, Mr. Mark Rodgers, at his last known address of 5305 Oxford Drive, Apartment 128, Mechanicsburg, Pennsylvania 17055; Defendant, Mark Rodgers, could not be served. Per his ex-wife, Defendant Mark Rodgers is living somewhere in Florida. Proof of Non- Service is attached hereto and made a [)art hereof as Exhibit "B"; and c. R. Thomas Kline did not serve Mr. Rodgers. 3. Plaintiff has made vadous attempts to ascertain a new address at which Defendant may be served, said attempts being set forth in an affidavit attached hereto and made a part hereof as Exhibit "A". 5. Plaintiff, pursuant to Rules 430 and 3129.2 of the Pennsylvania Rules of Civil Procedure, desires to obtain a special order directing the method of service of the Complaint and Notice of Sheriff's Sale upon the Defendant, Mark Rodgers. WHEREFORE, Plaintiff moves this Honorable Court for an Order authorizing service of Plaintiff's Complaint in Mortgage Foreclosure and subsequent Notice of Sheriff's Sale on Defendant, Mark Rodgers, by posting the property located at 43 East Columbia Road, Enola, Pennsylvania 17025. Dated: September 19, 2003 Respectfully Submitted, By: j ' . "g~,/Jr~ Attorney for PlaintiffJ I.D. No,. 72030 (717) 815-4518 COMMONWEALTH OF pENNSYLVANIA ss: coUNTY OF yORK The undersigned, Nenette Sarafian, being dul'y sworn according to taw, does ows oint Bank, the above- ~eoose and say as foil '. . __, nena~tment O'J W~.P.(~.a~ter re~erred to and named Plal~.~;it'~ b~haif of plamt,~. Rodger~, at his make this 2. pjainti~s Complaint cannot be sewe~ upon Defendant, most current residence adQress for personaJ sewice by the Shefi~ as he is a~oiding DefenQant, Mark sewice. . . a~empted to asceffain an address at which 3. Plal??.~d by the ~ollowlng means Rodgem, may gu oo..- a. Searching the intemet sites for Defendant, Ma~ Rodgers and finding no current listings in pennsyWania or FJorida; b. Contacting the Tax Assessment Office of cumberland CounW an~ verifying that the tax bilJs are being sent to the De~endants, Mark Rodgers and Holly 1. Rodgers, at 43 East Columbia Road, Eno~a, PennsyWania 17025; c. contacting the Cumberland county Voter Registration and verifying Mark Rodgers is not a registered voter in cumberland county; d. Contacting the former employer of Mark Rodgem and finding no fo~arding contact information for him; and of P.O. Box edit repo~, and requesting e. Finding a maiting addreSs for Defendant Mark Rodgers 804, Wildwood, F~orida 347'85 from acr .... ~,,~ ~ddreSs. The from the Wildwood Post Off~ce to disclose a Post Office supplied the Box HotdeCS name and address but coutd not find a telephone number for her. CASE NO: 2003-03683 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT BANK VS RODGERS MARK ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT RODGERS MARK ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and unable to locate Him in his bailiwick. but was He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , RODGERS MAS[K 5305 OXFORD DRIVE APT 128 MECHANICSBURG, PA 17055 PER EX-WIFE, MARK IS LIVING SOMEWHERE IN FLORIDA. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit 5.00 Surcharge 10.00 .00 33.00 So answers: R. Thomas Kline Sheriff of Cumberland County WAYPOINT BAN~ 08/07/2003 Sworn and subscribed to before me this day of Prothonotary ~:eOl'l WRYpO I B~qI'.IK TO 1S'~274L~2G47 P. 01/0~ V /ag p2ip P.O. Box 1711,1] Toll Free I.$I To: Wildwood Posl Office Fax I'4o.: 1,352.748.2647 SancLra M. Aulbach, par Benjamin F. Riggs, Jr.,' Elyana Tarlow, Esquh'e Nenette Sarafian, Paral~ Date: Scptcmber 18, 2003 Number of pages (in¢iudlng this paS¢): COMMENTS: Mark Rodgers. physica! ~rrisburg, Pennsylvania 17105-1711 $-929-7646 Fax: (717) 846-4132 Fax Message de~l (717) 815-4517 :,squire (717) 815-4518, (717) 815-4520 gal/~? (717) 815.~516 ~d,.-h'ess requcsl forPO Box 80a WAYPOINT BANK, : F/K/A YORK FEDERAL : SAVINGS AND LOAN : ASSOCIATION : HARRIS SAVINGS : BANK, : Plaintiff : MARK RODGERS HOLLY I. RODGERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3683 CIVIL TERM ORDER OF COURT AND NOW, this 2~d day of October, 2003, upon consideration of Plaintiff's Motion for Order Directing Method of Service of Complaint and Notice of Sheriff's Sale Pursuant to Pennsylvania Rule 430 and 3129.2, and the affidavit in support thereof: IT IS HEREBY ORDERED that Plaintiff is authorized to serve the Complaint in Mortgage Foreclosure upon Defendant Mark Rodgers by (1) posting the property located at 43 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025, (2) publication once in a newspaper of general cimulation in Cumberland County, (3) publication once in the Cumberland Law Journal, and (4) regular mail to the Defendant's last known address. IT IS HEREBY FURTHER ORDERED that Plaintiff is authorized to serve Plaintiff's written notice of Sheriff's Sale of the mortgaged property upon Defendant Mark Rodgers by posting the property located at 43 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025, in accordance with Pa. R.C.P. 3129.2. XE'~%)i' ~- i iL Benjamin F. Riggs, Jr., Esq. Attn: Legal Dept. 101 510 Waypoint Bank P.O. Box 1711 Harrisburg, PA 17105 Attorney for Plaintiff :rc BY THE COURT, J.ff~esley Ole~., . ~ ~ ~o - 03, 03 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F,/K/A YORK FEDERAL S/~JVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS. No. 03-3683 Civil Term MARK RODGERS HOLLY I. RODGER~ Defendants Please reinst; Dated: October 23, ~003 PRAECIPE TO REINSTATE Ite the above captioned matter as to the Defendant Mark Rodgers. BY:Benjamin I~. R'gg , Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. 72030 SHERIFF'S RETURN CASE NO: 2003-03683 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS RODGERS MARK ET AL - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RODGERS MARK DEFENDANT , at 1800:00 at 43 EAST COLUMBUS ROAD ENOLA, PA 17025 POSTED PROPERTY AT 43 EAST a true and attested copy of the HOURS, on the 27th day of October , 2003 by handing to COLUMBUS ROAD ENOLA, PA COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Posting 6.00 Surcharge 10.00 .00 44.35 Sworn and Subscribed to before me this ~5~ day of ~r~thonotary · ~ So Answers: R. Thomas Kline 10/28/2003 WAYPOINT BANK Deputy Sheriff/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION-MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants No. 03-3683 Civil Term CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 1, 2003, a 10-Day Default Notice in the above-captioned matter was mailed to Defendant, Mark Rodgers, by regular mail, postage prepaid. A true and correct copy of the 10-Day Default Notice is attached hereto and incorporated by reference. Benjami ggs, Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION--MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS. No. 03-3683 Civil Term MARK RODGERS HOLLY I. RODGERS Defendants TO: Mark Rodgers 43 East Columbia Road Enola, PA 17025 DATE OF NOTICE: December 1, 2003 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 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. Dated: December 1, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 /I ~ Benjamin F. Rfggs, Jr.// Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 03-3683 VS. MARK RODGERS HOLLY I. RODGERS Defendants PRAECIPE TO ENTER JUDGMENT To the Prothonotary: ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiff's Complaint in Mortgage Foreclosure against Mark Rodgers and Holly I. Rodgers in favor of Waypoint Bank, f/ida York Federal Savings and Loan Association and Harris Savings Bank for the following: Amount Due Per Complaint .......... $72,895.44 Interest from 7/18/03 through 6/9/04 (inclusive) at $12.6940 per diem ...... $ 3,993.93 Late Charges from 7/18/03 through 6/9/04 (inclusive at $22.54 per month) ........ $ 157.78 TOTAL AMOUNT $77.047.15 with interest from June 10, 2004 at such rate or rates established by Plaintiff pursuant to the terms of the Note currently $12.6940 per diem, from June 10, 2004, late charges from June 10, 2004 at 5% of the monthly payment amount, currently $22.54 per month, escrow from June 10, 2004, currently $142.47 per month, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate. DATE: ~-~-0~ By:Benj am in F.~- ,)Jr.~. Rlggs Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ~ ~(;3,.~ ,-]~_ I ('b ,2004 Judgment entered by the Prothonotary this day according to the tenor of the above statement. Prothonotary'-" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 03-3683 VS. MARK RODGERS HOLLY I. RODGERS Defendants Commonwealth of Pennsylvania County of York AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the ~t~ day of ¢.-t¢~-c~ ,2004, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: York County Tax Claim Bureau 100 West Market Street Suite B01 York, Pennsylvania 17401 East Pennsboro Township 98 South Enola Ddve Enola, PA 17025 Provid/an National c/o MaryLouise Wagner, Esquire Apple & Apple, P.C. 4650 Baum Blvd. Pittsburgh, PA 15213-1466 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 Copy of Proof of Mailing is attached hereto. DATE: By: ~ . Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-171 (717) 815-4518 I.D. No, 72030 Sworn and subscribed to before me this ~'¢-~ day of ~,~.~ ~.~ ,2004 Notary~ ~ic~ My Commission expires: Notarial Seal Dawn M. Gutierrez, Notary Public City of York York County My Commission Expi~s Apr. 15, 2006 Member, Pe~nsyivanla Association of Notades IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants No. 03-3583 Commonwealth of Pennsylvania County of York AFFIDAVIT OF NON-MILITARY SERVICE Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant(s) above named is/are not in the military service of the United States of America, that he has personal knowledge that the said Defendants, Mark Rodgers and Holly I. Rodgers's, last-known address is 43 East Columbia Road, Enola, PA 17025. Sworn an~d~ubscribed bef~)re me this c/y~ day of/~t c~1, : 2004 : By: Benjamin F~. iggs~,~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 Notarial Seal M. Gutiermz, Notary Public Dav~ity of York, York County My Commission Expires Apr. 15, 2006 WAY'POINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN AS SOCIATION HARRIS SAVINGS BANK, Plaintiff V. MARK RODGERS HOLLY I. RODGERS, rN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendants NO. 03-3683 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of October, 2003, upon consideration of Plaintiff,s Motion for Order Directing Method of Service of Complaint and Notice of SherifFs Sale Pursuant to Pennsylvania Rule 430 and 3129.2, and the affidavit in support thereof: IT IS HEREBY ORDERED that Plaintiff is authorized to serve the Complaint in Mortgage Foreclosure upon Defendant Mark Rodgers by (1) posting the property located at 43 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025, (2) publication once in a newspaper of general circulation in Cumberland County, (3) publication once in the Cumberland Law Journal, and (4) regular mail to the Defendant's last known address. IT IS HEREBY FURTHER ORDERED that' Plaintiff is authorized to serve Plaintiff's written notice of Sheriff's Sale of the mortgaged property upon Defendant Mark Rodgers by posting the property located at 43 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025, in accordance withl-Pa. R.C,P. 3129.2. Benjamin F. Riggs, Jr., Esq. BLegal Dept. 10 oint Bank ox 1711 Harrisburg, PA 17105 Attorney for Plaintiff BY THE COURT, J.ffVesley Olel~V~., I. :rc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3683 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff (s) From MARK RODGERS AND HOLLY I. RODGERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $77,047,15 Interest ARy's Corem % Arty Paid $185.70 Plaintiff Paid Date: MARCH 10, 2004 (Seal) REQUESTING PARTY: Name BENJAMIN F. RIGGS, JR, ESQUIRE Address: P O BOX 1711 HARRISBURG, PA 17105-1711 Attorney for: PLAINTIFF Telephone: 717-815-4518 Supreme Court ID No. 72030 L.L. $.5O Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION--MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLYI. RODGERS Defendants : File No. 03-3683 : : Amount: $77,047.15 : :Interest: : :Cost: : :Pltf Paid: : :Plff Paid: :Deft. Paid: : :Due Prothy: :Other costs: PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF SAID COURT: captioned matter. Issue Writ of Execution in the above- By: ~ Benjamin F~. ~igg~s,~. J Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFFOFSAID COUNTY SS. To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary by: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORk FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. 03-3683 MARK RODGERS HOLLY I. RODGERS Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 43 East Columbia Road Enola, PA 17025 1. Name and address of Owner(s) or Reputed Owner(s). Name Address Mark Rodgers 43 East Columbia Road Enola, PA 17025 Hollyl. Rodgem 43 East Columbia Road Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment: Name Address Mark Rodgers 43 East Columbia Road Enola, PA 17025 Holly I. Rodgers 43 East Columbia Road Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably Name ascertained, please do indicate) East Pennsboro Township 98 South Enola Drive Enola, PA 17025 Providian National c/o MaryLouise Wagner, Esquire Apple & Apple, P.C. 4650 Baum Blvd. Pittsburgh, PA 15213-1466 Name and address of the last recorded holder of every mortgage of Reco rd: Name Waypoint Bank, f/Ida York Federal Savings and Loan Association and Harris Savings Bank Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 Name(s) and address of every other person who has any record lien on their property: Name N/A Address (if address cannot be reasonably ascertained, please do indicate) 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 York County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please do indicate) 100 West Market Street Suite B01 York, Pennsylvania 17401 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 N/A Address (if address cannot be reasonably) ascertained, please do indicate I vedfy 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 unswom falsification to authorities, DATE: Benjamin F."~Ri gs,~Jr.'~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 03-3683 VS. MARK RODGERS HOLLYI. RODGERS De~ndan~ NOTICE PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Mark Rodgers and Holly I. Rodgers. York County Tax Claim Bureau I00 West Market Street Suite B01 York, Pennsylvania 17401 East Pennsboro Township 98 South Enola Ddve Enola, PA 17025 Providian National c/o MaryLouise Wagner, Esquire Apple & Apple, P.C. 4650 Baum Blvd. Pittsburgh, PA 15213-1466 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 You are hereby notified that on June 9, 2004 at 10:00 A.M., prevailing local time, by virtue of a Wdt of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on t~e judgment of Waypoint Bank, f/Ida York Federal Savings and Loan Association and Harris Savings Bank vs. Mark Rodgers and Holly I. Rodgers, No. 03-3683 the Shedff of Cumberland County, Pennsylvania will expose at Public Sale in the Court House, One Courthouse Square, Carlisle, PA 17013, County of Cumberland real estate of Mark Rodgers and Holly I. Rodgers and numbered as 43 East Columbia Road, Enola, PA 17025 (Cumberland County). A description of said real estate is hereto attached. You are further notified that a Proposed Schedule of Distribution will be filed by the Sheriff of Cumberland County on July 9, 2004, and distribution will be made in ALL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the corner of lands now or late of D. Blessing; said point being measured 520.91 feet to the Southewest terminus of a curve connecting the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardly along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the comer of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 61.96 feet to a hub at the corner of lands now or formerly of D. Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the Place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as and numbered 43 East Columbia Road. BEING THE SAME PREMISES which David B. Williams and Mary Jo Williams, his wife by their Deed dated September 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, granted and conveyed unto Mark Rodgers and Holly I. Rodgers. Parcel No. 09-13-1002-313 IN THE COURT OF COMMON PlEaS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants TO: No. 03-3683 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129~2 Mark Rodgers 43 East Columbia Road Enola, PA 17025 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on June 9, 2004, in the SHERIFF'S OFFICE, Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 at 10:00 A.M. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 43 East Columbia Road Enola, Pa 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 03-3683. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: MARK RODGERS and HOLLY I. RODGERS A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held, to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2, After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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 Court Administrator, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, before presentation of the petition to the Court. DATE: '~1~ 10L~ By:Benjamin F.~s,~Jr.'~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the corner of lands now or late of D. Blessing; said point being measured 520.91 feet to the Southewest terminus of a curve connecting the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardly along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the corner of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 61.96 feet to a hub at the corner of lands now or formerly of 13. Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the Place of BEGINNING. HAVING THEREON ERECTE13 a dwelling house known as and numbered 43 East Columbia Road. BEING THE SAME PREMISES which David B. Williams and Mary Jo Williams, his wife by their Deed dated September 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, granted and conveyed unto Mark Rodgers and Holly ~. Rodgers. Parcel No. 09-13-1002-313 ALL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the corner of lands now or late of D. Blessing; said point being measured 520.91 feet to the Southewest terminus of a curve connecting the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardly along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the corner of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 61.96 feet to a hub at the corner of lands now or formerly of D. Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the Place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as and numbered 43 East Columbia Road. BEING THE SAME PREMISES which David B. Williams and Mary Jo Williams, his wife by their Deed dated September 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, granted and conveyed unto Mark Rodgers and Holly I. Rodgers. Parcel No. 09-13-1002-313 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 10th day of March, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3683, at the suit of Wavpoint Bank fka York Fed Savs& Ln Assoc against Mark Rodeers & Holly I is duly recorded in Sheriff's Deed Book No. 264, Page 3005. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of , A.D2004 Recorder of Deeds Waypoint Bank f/k/a York Federal Savings and Loan Association and Harris Savings Bank VS Mark Rodgers and Holly I. Rodgers In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3683 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2004 at 7:50 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mark Rodgers, by posting the premises located at 43 East Columbia Road, Enola, Cumberland County, Pennsylvania, pursuant to court order according to law. Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2004 at 8:55 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Holly I. Rodgers, by making known unto Holly Rodgers, personally, at 43 East Columbia Road, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2004 at 5:28 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark Rodgers and Holly I. Rodgers located at 43 East Columbia Road, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Mark Rodgers and Holly I. Rodgers, by regular mail to their last known address of 43 East Columbia Road, Enola, PA 17025. These letters were mailed under the date of April 14, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Benjamin Riggs for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of P.O. Box 1711, Harrisburg, PA 17105, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $819.52. Sheriffs Costs: Docketing $30.00 Poundage 16.07 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 30.00 Posting 6.00 Law Journal 302.60 Patriot News 232.51 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 819.52 Sworn and subscribed to before me So Answers: This ]0 ~ day of ~ ~0 .R. Thomas Kline,, Sheriff 2004, A.D. (_ .~_<.. ~, ~ ~'t~_ ~ r, . P~otth~notar~ 'BY ~.,/Prfj;4/&,qd.~, Real EstateCI3eputy 3o.~ (_j~.'73 '? IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. 03-3683 MARK RODGERS HOLLY I, RODGERS Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, Plaintiff in the above action, sets forth as of the date the praecipe for the wdt of execution was filed to following information concerning the real property located at 43 East Columbia Road Enola, PA 17025 1. Name and address of Owner(s) or Reputed Owner(s). Name Address Mark Rodgers 43 East Columbia Road Enola, PA 17025 Hollyl. Rodgem 43 East Columbia Road Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment: Name Address Mark Rodgers 43 East Columbia Road Enola, PA 17025 Holly I. Rodgers 43 East Columbia Road Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably Name ascertained, please do indicate East Pennsbom Township 98 South Enola Drive Enola, PA 17025 Providian National cio MaryLouise Wagner, Esquire Apple & Apple, P.C. 4650 Baum Blvd. Pittsburgh, PA 15213-1466 Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 Name(s) and address of every other person who has any record lien on their property: Name N/A Address (if address cannot be reasonably ascertained, please do indicate) 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 York County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please do indicate) 100 West Market Street Suite B01 York, Pennsylvania 17401 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 N/A Address (if address cannot be reasonably) ascertained, please do indicate verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Benjamin F. R'L4gs, Jr. ~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I,D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants TO: No. 03-3683 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 Hollyl. Rodgem 43 East Columbia Road Enola, PA 17025 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on June 9, 2004, in the SHERIFF'S OFFICE, Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 at 10:00 A.M. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 43 East Columbia Road Enola, PA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 03-3683. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: MARK RODGERS and HOLLY I. RODGERS A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held, to be sold, or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these dghts. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Shedff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate pdce or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or dghts mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, before presentation of the petition to the Court. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the corner of lands now or late of D. Blessing; said point being measured 520.91 feet to the Southewest terminus of a curve connecting the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardly along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the corner of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 61.96 feet to a hub at the corner of lands now or formerly of D. Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the Place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as and numbered 43 East Columbia Road. BEING THE SAME PREMISES which David B. Williams and Mary Jo Williams, his wife by their Deed dated September 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, granted and conveyed unto Mark Rodgers and Holly I. Rodgers. Parcel No. 09-13-1002-313 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION--MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLYI. RODGERS Defendants No, 03-3683 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Mark Rodgers 43 East Columbia Road Enola, PA 17025 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on June 9, 2004, in the SHERIFF'S OFFICE, Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 at 10:00 A.M. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 43 East Columbia Road Enola, PA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 03-3683. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: MARK RODGERS and HOLLY I. RODGERS 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 Shedff (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 willl in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. THiS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, It has been issued because there is a judgment against you. It may cause your property to be held, to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these dghts. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, before presentatJon of the petition to the Court. DATE: "~lgt ]0~ By: Benjamin F~. ,.Ring s,~Jr.~.~/V'/ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ALL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the corner of lands now or late of D. Blessing; said point being measured 520.91 feet to the Southewest terminus of a curve connecting the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardly along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the corner of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 61.96 feet to a hub at the corner of lands now or formerly of D. Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the Place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as and numbered 43 East Columbia Road. BEING THE SAME PREMISES which David B. Williams and Mary Jo Williams, his wife by their Deed dated September 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, granted and conveyed unto Mark Rodgers and Holly I. Rodgers. Parcel No. 09-13-1002-313 WRIT OF EXECUTIONand/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIX) NO 03-3683 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff (s) From MARK RODGERS AND HOLLY I. RODGERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) ~f pr~p~rty ~f the defendant(s) n~t ~evied up~n an subject t~ attac~nent is f~und in ~e p~ssessi~n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $77,047.15 Interest Aery's Corem % Atty Paid $185.70 Plaintiff Paid Date: MARCH 10, 2004 (Seal) REQUESTING PARTY: Name BENJAMIN F. RIGGS, JR, ESQUIRE Add~ess: P O BOX 1711 HARRISBURG, PA 17105-1711 Attorney for: PLAINTIFF Telephone: 717-815-4518 Supreme Court ID No. 72030 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy Real Estate Sale #80 On March 11, 2004 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 43 East Columbia Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March ll, 2004 Real Estafe Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of ail 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 Jottmal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. ~ F-,STATI~ ~ NO. 80 Writ No, 2003-3683 Civil Waypoint Bank f/k/a York Federal Savings and Loan Association and Harris Savings Bank VS, Holly I. Rodgers and Mark Rodgers Atty.: Benjamin Riggs ALL THAT CERTAIN lot or piece of land with the buddings and im- provements thereon situate in East Pennsboro Township, Cumberland County, Permsylvanla, being bound- ed and described according to a sur- vey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide] at the comer of lands now or late of D. Blessing; said point being measured 520.91 feet to the South- SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOiS fi. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 statements as to time, place and character of publication are true. REAL ESTATE 8ALE NO. 80 Writ No, 2003-3663 Civil Waypotht Bank f/k/a York Federal Savings and Loan Association and Harris Savings Bank Holly I, Rodgers and Mark Rodgers Atty.: Benjamin Riggs ALL THAT CERTAIN lot or piece of land with the buddings and im- provements thereon situate in East Pennsboro Township, Cumberland County. Pennsylvania, being bound- ed and described according to a sur- vey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the comer of lands now or late of D, Blessing; said point being measured 520.91 feet to the South- west terminus of a curve connect- lng the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardly along the said Columbia Road curving toward the left, with a radius of 688.95 feet an arc distance of 57,94 feet to a pin at the corner of an alley (un- opened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the comer of lands now or formerly of $. Kellam: thence along said lands South 67 degrees 19 min- utes 56 seconds East the distance of 61.96 feet to a hub at the comer of lands now or formerly of D. Blessing; thence along said lands South 22 degrees 40 minutes 04 sec- onds West the distance of 155,65 feet to a point; the Place of BEGIN- NING. HAVING THEREON EI~ECTED a dwelling house known as and num- bered 43 East Columbia Road. BEING THE SAME PREMISES which David B. Williams and Mary Jo Williams, his wife by their Deed dated September 23, 1988 and re- corded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, grant. ed and conveyed unto Mark Rod- gets and Holly I. Rodgers. parcel No. 09-13-1002-313. SWORN TO AND SUBSCRIBED bet 30 day of APRIL 2004_ LOiS E. SNYDER, Notary Public Cartisle Boro, Cumberland County My Commission Expires March 5, 2005 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Mamh 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and su ay.,3e~)4 A.D. City ~?Horrlsb~rg: Dou~n ¢o~Jnty l NO~I'ARY PUBLIC My Commis~on Expires June 6, 20~ I/ly commission expires June 6, 2006 M ember, Pennsylvania A~so¢l&lion el Nolarlea CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates 232.51 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.