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Home My WebLink About04-0703 1) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WAYPOINT BANK, F/KfA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs, No, 0"1- 103 ~ TLv- THERESA M. SMITH Defendant NOTICE TO DEFEND Pursuant to PA RCP No, 1018,1 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, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSON AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISI6N CIVIL WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff contra Num, Del Caso, THERESA M, SMITH Defendant AVISO PARA DEFENDER Conforme a PA RCP Num, 1018,1 USTED HA SIDO DEMANDADOI A EN LA CORTE, Si usted desea defenderse contra de la demanda puestas en las paginas siguientes, usted tienen que tomar acci6n dentro de veinte (20) dras despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente 0 por un abogado y archivando por escrito con la Corte sus defensas 0 objeciones por puestas en esta contra usted, Usted es advertido que si falla de hacerlo el Gaso puede proceder sin usted y un juzgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda 0 por cualquier otro reclama 0 alivio solicitado por Demandante, Usted puede perder dinero 0 propiedad 0 otros derechos importante para usted, USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADO AQui ABAJO, ESTA OFICINA PUEDE PROVEERE CON INFORMACI6N DE COMO CONSEQUIR UN ABOGADO, SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACI6N ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE A UN HONORARIO REDUCIDO 0 GRATIS. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs, No, 0 Lf. 703 C;.,;J 1;-- THERESA M, SMITH Defendant COMPLAINT AND NOW, comes Plaintiff, Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, by and through its attorney, Benjamin F, Riggs, Jr., and complains of Defendant, Theresa M, Smith, as follows: Parties 1, The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 235 North 2nd Street, P,O, Box 1711, Harrisburg, Pennsylvania 17105-1711, 2, The Defendant is Theresa M. Smith, who is an adult individual residing at 645 Hummel Avenue, Lemoyne, PA 17043 and is the mortgagor and real owner of the Mortgaged Premises located at 645 Hummel Avenue, Lemoyne, PA 17043, Cumberland County, having acquired title by Deed dated November 20, 1978, and recorded on November 21, 1978, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book D-28, Page 897, 3, The Defendant acquired title with her husband, Ralph E, Smith, now deceased whose Death Certificate is attached as "Exhibit A", by Deed dated November 20, 1978, and recorded on November 21, 1978, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book D-28, Page 897. Theresa M, Smith is the sole owner of the property by operation of law and acquired ownership as such prior to the execution of the mortgage, _._-~><._-..-..> ~ .~., .,.,.., Mortaage 4, On or about May 30,2000, Defendant made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on June 2, 2000 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1616, Page 317, A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit B", Assianments 5, There have been no assignments of said Mortgage, Default 6, Said Mortgage is in default because Defendant has failed to make the monthly payments of principal and interest due and owing on her loan from July 1, 2003 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 July 1, 2003, 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 $68,452,54 Interest from 6/1/03 to 2/2/04 (inclusive) at $21,0796 per diem Late Charges from 7/1/03 to 2/2/04 (inclusive) at $82.37 per month $ 4,574,28 Escrow Deficit $ 494,22 $ 700,00 $10,267,88 $84.488,92 Attorney's Fees 15% TOTAL AMOUNT DUE Compliance with Homeowners' Emeraency Assistance Act 9, The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: ~._"._._,__,,_..............h._._ (i) Defendant has failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs 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 sea,), as amended, nor are notices required to be sent to Defendant(s) pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. Termination of Automatic Bankruptcy Stay 11, On or about July 9, 2003 Defendant, Theresa M, Smith filed Chapter 7 bankruptcy with United States Bankruptcy for the Middle District of Pennsylvania, which bankruptcy case was docketed to Case No, 1 :03-bk-04050-MDF, 12, On November 5, 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 Order 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 Defendant, Theresa M, Smith, in the amount of Eighty-Four Thousand Four Hundred Eighty-Eight and 92/100 Dollars ($84,488,92), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Installment Note, currently $21,0796 per diem, from February 3, 2004, late charges at 5% of the monthly payment amount, currently $82,37 per month from February 3, 2004, 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 ~~::~riate, 2/13/07 By: . J f71_~t Benjamin~~/ Attorney for Plaintiff P,O, Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D, No, 72030 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 II 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. S 4904 relating to unsworn falsification to authorities. WAYPOINT BANK Dated: ;;i I).. }O~ B~wi;Ajj)0f~ Barbara L HoJ?e'ilOlder Default Specialist II l\1I\~ ..". Ju.' ..." )' i) "l"f ~ t ") '" ~ ~ I ! ~ , Feb-IZ-Z004 OZ:47pm From- This is'to certi~' th;.t th.is i~ a tn..ll:. copr of the record. whi.ch. is on tll~ In tl"U: 1.<::HUll....,~._.. whh IV:< 66, l',L. 304, .pproved by tbe Cener>! A"embl).. Jun. 29. 1953. 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I..o<ilft~ .rJ: ""'-r'" /<.I1:..r; ,_!....Cll'_tlf,..... 097351~. "'''''''., W ........111 ......- , !I~f~"lJ&... 1:_ . 'I ''''''-", /'3"("1' ('.''') lNI1l:IlClI'f":'.~,,"~ W\oI~IllIII..,.~tOoNil:lO'l 0ftP't'~....- !:.::.:::.!~.. ~__..tMI" .JIU""ll...Q-MIl~Qltl" ..__....."""'....~_..,_..lefl"'..."'''')<M4_......''.......I....lh."...'II....,.r,._....Ml.''"''d'"".'.- ~l.-............."..........".,..........,.."...."...........,............,..............'............. rM(l~I"~II~""~ ~,.A7/ ,:#,,AI"J>.J'7':' ~ W/")\,, I (ff____f c. I /~9'f( ,.. ex~'-,bJ+ A --- '-' ---.. .-...,-., gg% P,01 Harris Savings Bank 2nd and Pine Streets Harrisburg, Pennsylvania 1., 1 01 THIS MORTGAGE made this 30 MORTGAGE day of.~.___ /O-0( -- LiT)! 00 between THERESA M SMI'IH _.___ and of, 645 l-I(MItlEL AVENUE LEMJYNE, PA 17043 HARRIS SAVINGS BANK of Harrisburg, Pennsylvania as Mortgagee. WITNESSETH that the Mortgagor has executed and delivEred to the Mortgagee a Note/Agreement on this date in the face amount of $__ 71500.00 witl1 interest thereon at the rate specified therein requiring the performance uf all the terms, covenants and conditions therein contained; all of which are rnade an integral part hereof and incorporated herein by reference. As evidence of said indebtedness of Mortgagor to Mortgagee, and as security for payment of said Note/Agreement with interest and in consideration of $1.00 paid by Mortgagee. the Mortgagor does hereby bargain, sell, grant and convey unto Mortgagee: ALL THAT CERTAIN piece of land togetl1er with ail improvements thereon mer-ted situate in: 1. T,FMJYNE. T,J<JvJ)YNE._~__~_______' Courlty otx.M8ERI.AND ,as Mortgagor, and ICity.B",".0' tWI,.1 2 ICity.Bnr<l,<l,Twp.1 , County of 3. ICity.Bm,', or TWjJ.1 , County of and PA IS'MeiC'lIllFn<lnWM',',1 , known as: 645 Ht.M'<1EL AVENUE LEMJYNE PA 17043 L lldenl,hcat;'JnolM"ngage,jp,emi,esl 2 For title into the Mortgagor see Deed recorded in the County of Cl.Jv1BERIAND 1 in; Deed Book 28D , Volume See Attached Exhibit A 2 in: Deed Book . Volume , Page 897 , Page 3 in: Deed Book , Volume ._--' Page TOGETHER with all buildings, improvements, rights of way, rights and privileges, hereditaments and appurtenances, and the reversions, remainders, rents, issues and profits thereof. Mortgagor covenants and warrants that Mortgagor has full fee simple title to premises above described; tllat the olJildirlYs Oi, the premi:>e<; shaH be kept insl!red against loss by fire and other casualty tor benefit of Mortgagee in 8H10UIlts satisfactory to Mortgagee, wilh standard Mortgagee clause; and Mortgagor will pay any tax, assessment, municipal or other governmental charge, including waler and sewer rents charged to said premises, and wili delive~ to Mortgagee receipts therefor immediately upon demand. Provided tlHlt if 5aid Note is paid in accordance wit.h its terllls and if all other terms, conditions, and covenants of this rnortga9f! and the aforesaid Note are performed, the estate herehy granted shall cease and this mortgage shalll)f: void HtH,i of no erfect. The tran"<t3' of <::ny interest in the property mortgaged herein without the prior written consent of Mortgagee, excepl for n basehold interest for three years or less, not containing an option to purchase, is a default hereunder. In the event of default hereunder or under the terms of the note, the enLire balance of the debt shall fall due and Mortuagee may institute an action of mortgage foreclosure hereon. If Mortgagee retains an attorney to institute action on said Note or an action of foreclosure on this mortgage, Mortgagor shall pay, in addition to the principal, irllerest and costs, an attorney's collection fee of 15% of the principal balance then due; and if fl judgment is entered in f.war of Mortgagee against Mortnagor in said suit and Mortgagee thereafter secures a Writ of Execution or other approwiate writ, Mortgagor waives all rights and benefits under any and all laws or rules of the court now or hereafter in effect, granting or permitting any exemption or stay of execution against the rnortflaged premises or any other property whatsoever, Hnd such judgment shall bear interest at the applicable rate until the full amount dlJ6 Mortgagee is actually paid. The word "MOItgayee" shall bi> constlued to include successurs and assipns of Mortgagee. and the word "Mortgagor" shall be construed to include the respective heirs, executors, administrators, successors and assigns of Mortgagor. If there is more than aile party named herein as (I Mortgagor, tho word "Mortgagor", whenever U~;bd- i3 GOVERNING lAW: Terms following a 0 apply when checked. l.XI If the Mortgaged Property is located within the Commonwealth of Pennsylvania, then this agreement shall be governed by the laws of the Commonwealth at Pennsylvania, except to the extent that such laws have been preempted or superseded by Federal law. o If the Mortgaged Property is located within the State of Maryland, then this agreement shall be governed by the laws of the State of Maryland, except to the extent that such laws have been preempted or superseded by Federal law. If this Agreement is governed by the laws of the State of Maryland, then the lender elects to have this Agreement governed by Title 12 of the Commercial law Article of the Annotated Code of Maryland. o Subtitle 9, Credit Grantors Open - End Provisions o Subtitle 10, Credit Grantors Closed - End Pruvisions I',) -,:) =-3 r,:> o STATE OF f( nh~),~ Ivl\ I'l...\(.t.. S5: COUNTY OF cumberland On this, the 30th day of May I 2000 , before me the undersigned officer, personally appeared Thel:'esa M. Smith MOflgagOl[sJ known to me (or satisfactorily proven) to be the personls) whose namels) is (are) subscribed to the within instrument, and acknowledged that lhe, she, Of lhey) executed the same tor the purpose therein contained. J,i:, ,'"\', . .,,'I!/ '..'i: : /~~.';,;.' i.'.~r "t: ~ . ~ :.:.; , "-.' 'l, \'~, ,~:"l (~' >, (l,i~~" r ~i", ".;2:f~'. . ,.",~~....,J,""".I'J "~!:r;::; ., IN WITNESS WHEREOF, 1 have hereto set my hand and notarial seal. -'''-''~'~] tJo~Olrk>lf.:inc,' ril'+~~~ ~:. r,~:1Itr)rr". Jr."I\~'!la'Y ~'lJhllL! ;>.'.'I:.;'III".'I'''J,C.ur'1d...'Ui>I:'j.''';lhl''I''' fJ'\"J'.!ln;'Src'nb:p,ff):~::rr)I.1 ;'(,:J:l . M'iJ~f1I;er, i':;lin~y i.:ir'll.Vi.i.'lO~I~il~iict;;~iie$ ,/ (~), 41~>~ . ,/ ~{}I~'~' I HEREBY CERTIFY that the precise residence ot the Mortgagee{s) and person entitled to interest on this Mortgage is Harris Savings Bank, 2nd and Pine Streets, Harrisburg, Pennsylvania 17101. BS/B4/BB BB:3S'Bl Data Sea.rch S7-)- 711231291B Ri.htFAX Po"" BB2 Stniiii.~rd:!~at: Customer Name! Smith, Ralph e. & Theresa M. To be "nac:tted to report number 7lS068. 5t.:hRdule "A" legal Description: ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Lomoyne, Cumberiand County, Pennsylvania, bounded and described in accordance with a survey by Ronald S, Raffensperger, Registered Surveyor, dated October 30, 1 B76, as follows: BEGINNING at . point On the northeastern comer of the inlersection of Hummel Avenue and Seventh Str.et; thence along the eastern line of Seventh Stre:et, North 1B deg"'o. 30 minule. We.~ 102,5 feel to a point; lhence North 70 degree. 30 minutes East 20 feet to a point; thence South 19 degrees 30 minutes East 31.S feet to a point; thence South 70 degrees 30 minute. West 1.1 feet to a poinl; thence throug h the cenler of a partition wall separ.ting the premises 643 and 645 Hummel Avenue, South 19 degrees 3D minules East 70,9 feet to a point on the northern line of Hummel Avenue; thence alDng Ule northem line of Hummel Avenue, South 70 degrees 30 minutes West 18.9 feet to a point, the place of BEGINNING, HAVING thereon erected a two and ooe"half .story frame dwelling known as No. 645 Hummel Avenue. PARCEL NO. 12-22-0824-133 ~ 'f l ~:~ f~~ d;-JI2 ''''" ",;,~,~,,;d{fi .,..~.. lQo.. .'.. -.;",.'/ -.'" ~' . ;lr ;>;--~ ~ ,......?"-j~ ..... .,,'~, ~ I1~O"'I€t , ~."f , ~ ~" . _::;: ~1.Y"-" ,..,. '""."- - .:l 2. ...... ;I,," :~'J.'ll w_o~ (i~I1I/1H,.'d by !~l'" OSll1flm[}wA<:c'l5~ r~f!I'IS S'Irv..' "110'1/01:2000 ill 08~:J3:21 ':"M. 3'JcdSi5 ?~Gt. 319 VlWaYl{qipJ November 19,2003 ACT <j] & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose, Specific information abont the nature of the defanlt is provided in the attached pages, The HOMEOWJ\'ER'S MORTGAGE ASSISTANCE PROGR~ IHEMAP) mav be able to help to SB"{' vour home. This notice exnlains how the program works. To see if HEMAP can help. vou must MEET 'WITH A CONSUMER CREDIT COrNSELING AGE"'CY \\TJTHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this "'otice with vou when vou meet with the Counseling A2:encv. The name. address and phone number of Consumer Credit Counseling Agencies sen'in2: vour Countv are listed at the end of this !'lotice. If vou have am' Qnestions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397, (Persons with impaired hearing can call (717) 780-1869), This Notice contains important legal information, If 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 ADJUNTO ES DE SIMA IMPORTANCIA. PlTES AFECTA SG DERECHO A CONTINUAR VIYIEl'<1)O E"i Sl1 CASA, SI NO COIYIPREJ'mE EL CONTENIDO DE ESTA NOTIFICACION OBTE"iGA I:NA TRADUCCION IJ\T1\'EDITAMENTE LLAMA.c1\IDO ESTA AGENCIA (pENNSYL VAJ'HA HOUSING FINANCE AGENCY) SIN CARGOS AL j\'lJJVIERO MENCIONADO A.RRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGR","lVIA LL.","l\1ADO "HOJVIEOWNER'S EMERGENCY MORTGAGE ASSIST_~NCE PROGR~M" EL CUAL PUEDE SAL VAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR S1' HIPOTECA, tx.h;bi+-C. po. Box [7[ I. HARRISBURG. PENNSYLVANIA [7105-17[1 - . ............,... \I\I."....~..,..... ft oc:c:: ._Cl.~CL /t:;:/'Ih\ . 11\1 YnRl< Apf=A 717/815-4500 . www.waUDointbankcom HOMEOWNER'S NAME: Ther'esa M Smith PROPERTY ADDRESS: _645 Hummel Avenuc, Lemo)'l1e, l'a 17043 MiULlNG ADDRESS: 645 Hummel L\venuc, Lemoyne, ]'a ] 7043 LOAN ACCT, NO.: 1051004759 ORIGINAL LENDER: Harris Savings Bank CCRRENT LEl'iDERISERVICER: WavTloiut Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTAc"lCE WmCR CAN SAVE YOUR HOME FROM FORECLOSI'RE AND HELP YOU MAKE Fl1TURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTAcl\fCE ACT OF 1983 (THE "ACT"), YOU MA. Y BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTkNCE . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYON']) YOl~ CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YUCR MORTGAGE PA Y'\1ENTS, A.."iD . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE TEMPORillY STAY OF FORECLOSURE---Under the Act. you are entitled to a temporary stay of foreclosure on yourmongage fOTthiny (30) days from the date oftl1lS Nonce. During that Time you must arrange and attend a "face-To-face" meeting \\'ith one of the consumer credit counseling agencies listed at the end of this Notice. TillS MEETING MUST OCClffi WITHIN THE J'Ii'EXT THIRTY (30) DAYS. IF YOU DO NOT AJ>PL Y FOR EMERGENCY MORTGAGE ASSIST.ANCE. YOU IvruST BRING YOUR MORTGAGE VP TO DATE. THE PART OF THlS NOTICE CALLED "HOW TO CURE YOUR tvfORTGAGE DEFA UL T". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet wnh one of the consumer credit counseling agencies listed at the end of tl1lS notice, the lender may NOT take actJOn against you for thirty (30) days after the dare of this meeting. The names. addresses and telephone numbers of desil!nated consumer credit counsehnu auencies for the county in whieb the propertv is located are set forth at the end of this ~01ice. It is only necessary to schedule one race-ta-face 111eeting. Advise your lender imn1ediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTA:"iCE--.Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infomlation ;]bout the nature of your del'mlt.) If you have tned and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fi'o1l1 the I-lomeO\\'ner's Emergency rvlongage Assistance Program. To do so. Y'QU must fill OLlt, sign and file a completed Homemvner's Emergency Assistance Program Application \\'ith one of the deSIgnated consumer credit counseling agencies listed at the end ofthi5 ~otice. Only consun1er credit cClunsehng ~lgcncles have applIcations for lht progTal1l and thl')' \-\ill ~lssist YOll 111 suhmitlmg :1 con1pJeLe ~lpphC~llion 10 the Penns:yl\<::ll1in Housing Fjn~l11cc Agenc:y. '{our ~lpplicJ.tj(m J\fUST be filed or pustnlarkec1 \\'lth111 thIny (30) days of your face-to-Llce meding YOU lVICST FILE YOUR APPLICATION PROlVII'TLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN nns LETTER. FORECLOSUill MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION---.'IYailable funds for emergency mortgage aSSlstance are very I1mited. They wi]] be disbursed bv the Agency under the eligibility critena established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) daj's to 111ake a decision after it receives YOUT application. During that lime, nO foreclosure proceedings \vill be pursued against YOLl if you have met the tinle requirenlcnts set fOlih above. You will be notified directly by the Pelmsylvania Housing Finance Agency of its deCIsion on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlUNG OF A PETITION It'\' . BALNKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORi'\1ATION \ 'PLlU'OSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT I THE DEBT. (If you have flied bankruptcy you can still apply for Emergency Mortgage Assistance,) I HOW TO CURE YOUR MORTGAGE DEFAT'L T (Bring it up to date), NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property located at: __ 645 Hummel Avenue, Lel11o)~le, Pa 17043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT M/illE MONTHLY MORTGAGE PA '{MEl\TTS for the following months and the following amounts are now past due: Pa)~llents of $823.73 due each for the months of July 2003 through October 2003. B. Other charges: Late charges $329.48 -!- Forceplaced Insurance $700.00 Total Amount Past Due: _$4,324.40 HAVE FAILED TO TAl<E THE FOLLOwiNG ACTION: HOW TO CURE THE DEFAULT---You may cure the default wlthin THIRTY (30) DA "'S of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. vV1-IICI-I IS $4.324.40. PLUS AJ'-,ry MORTGAGE PAYMENTS AND LATE CHARGES v\TEICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be macle either bv cash. cashier's check. fenified check or Inone\? order TIlade n3vable and sent to: Wa'"~oiI11 BanI, 449 Eisenhower Boulevard HaITisburu. PA 171] 1 IF 1'01' DO NOT CURE THI DEFAIlT---If YOU do not cure the default WIthin THIRTY (30) DAYS of the date OfthlS NOllce, the lender intends to exercise its rights to accelerate the mortgage deht, This meQns that the entire outstanding balance of this debt \\'ill be considered due inm1ediate]y and you may lose the chance to pzt)! the nlortgage in momhly inst::dlments. If fun payn1ent of the total amount past due IS not m~Hj~~ \\'ILhin TI-IITZTY 13n) D.A \'S, the lender also 1111encb to m:-;lrL1Cl iL'.: anorney'; to stan k:t:al <:lc:tlon tll foreclose upon "ollr lllort!!1L!.!,cd propert\', IF THE MORTGAGE [., FORECLOSED lil'OI\i---The mortgaged pro pert) wdl be sDld by the SherdT to pay oLT the mortgage deht. If The leneler refers .vour case to its at1ornC)'S, but you curt' the delinquency before the lender begins legal proceedings against YOll. YOLl will slill he required 10 pay the reasonable atLorney's fees that were aCllIal1y incurred, up 10 $.50.00. HmveveL if legal proceedings arc started against you. YOLl will have to pay all reasonable attorneys' fees aewall,y' incurred by the lender even if they exceed $:i(!.OO. Any anorney.s ft:e.s will be added te) tht amount YOli Q\VC the lender, '~vhich may also include other reasonable costs. If vou cure the dcfault within the THIRTY (C\OI DAY period, von will not he required to pay attorney's fees. OTHER LENDER REMEDIES---The lender may also sue you persm,"]]y for the unpaId prmclpai balance and all other SLln1S due under the l11011gage. RIGHT TO CFlm THE DEFAULT PRJOR TO SHERlFF'S SALE---If you have not cured the default wltlnn the THIRTY t30) DAY penod and foreclosure proceedings have begun, vou still have the !i"ht to cure the defalllt and prevent the sale at anv lime llP to one hOllr he fore the Sheriffs sale. You mav do so by Drlvini!: the total amount then past due. plus an\' laJe or other chanzes then due, reasonable attornev's fees ane! CDS!S connected with the foreclosure sale and aDV other costs conl1ected with the Sheriffs Sale as specified in writinQ bv the lender and bv perf01111inf! an\' other reouiren1ents under the 111ortzaQ'e. Curing )'0111" default in the mauneI' set forth in this uotice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE SHERlFF'S SALE DATE---It is estimated that the earhest date that such a Sheriffs Sale of the mOligaged property could be held would be approximarely four months from the date of this "otice. A notice of the actLIal date of the Sheriff s Sale will be sent to you before tbe sale. Of course, the an10unt needed to cure the default v/il1 increase the longer you \vait. You TIlay find out at any trme exactly what the required payment or actron will be by contracting the lender. HOW TO CONTACT TIffi LEl\LlER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wavpoint Bank 449 Eisenl10wer Blvd.. HaJTisbum. PA 17111 (7171 tJ09-2786 or 1-866-929-7646 ext. 2786 (717) 909-2780 Lisa Marsh EFFECT OF SHElUFF'S SALE---You should realize that a Sheriffs Sale will end YOLIr ownership of the mortgaged property and YOLIf right to occupy it. If YOLI cominlle to live in the property after tbe Sheriffs Sale, a lawsuit to remove you and your fun1ishings and other belongings could be started by the lender at any tmle. ASSUMPTION OF 1\10RTGAGE---YoLl _X_mayor _may not (CHECK 01\TE) sell or transfer YOllr home to a buyer or transferee \vho will assume the mortgage debt provided that all the uutstanding payments. charges and attorney's fees and costs are paid prior to or at the sale and that tbe other requirements of the Dl0l1gage are satisfied. YO!' \11. Y ALSO 111. n': THE RIGHT: . Tel SELL THE PROPERTY TO emT,vn, M(iNEY TO PAY OFF TI-IE MORTGACE DEBT OR TO BORROW MONEY FROM ANOTHER LEl'mrNCi LNSTITUTION TO f'A Y OFF nus DEBT. . TO HAVE TI-I1S DEFAULT CURED BY A,-1Y THIRD Pf\fUY ACTrNG 01\ YOUR BEl-L'\LF . TO HAVE THE MORTGAGE RESTORED TO THE SiuvlE POSlTlON AS IF NO DEFA.LTLT I-LW OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, '{OU DO NOT HAVE Tl-IlS RlGET TO CURE YOUR DEF/d_)LT MORE THAN THREE TL\1ES IN _..,."f),' c.'\LEl'm.<\R \"E,<\R.) . TO ASSERT THE NON "EXISTENCE OF A DEFAULT IN A,NY FORECLOSURE PROCEEDING OR .^""",,.- OTHER LAIVSl'1T INSTITUTED 1R';TIER THE MORTGAGE DOClTMENTS . TO ASSERT ,^,,""'i' OTHER DEFENSE YOU BELIEI'"E YOU Iv]"'- Y IH VE TO SUCH ACTION BY THE LENTIER. . TO SEEK PROTECTION L;}~vER TI-~ FEDEE..i~,l B.lJ~l(P,.lJPTCY LA \i.,l. \' erl' truly yours, Lisa 'vlarsh VP/Collection Manager LM!nek ]f funds are received and negotiated in less than the total aInount due including legal fees and costs; Vvaypoint Bank reserves the right to return the funds to you and continue yvith legal proceedings pending receipt of the total an10unt due. -.. Waynolnt W'" .0 t""B A N K CUMBERLAND COUNTY CREDIT COUNSELING AGENCIES CCCS of Westem Pennsylvania, Inc, 2000 Linglestown Road Han'isburg, PA 17102 1-888-511-2227 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rci 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 Adams County Housing Authol-ity 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Community Action Comm of the Capital Region 1514 Derry Street Harrisbul'g, Pa 17104 (717) 232-9757 FAX (717) 234-2227 P,O. Box [7] i. HARRISBURG, D~NNSYLVArJI,i., 17105-J711 .. ~--- ~.......~ .......,-"'^"", ""'--.. ',~_. -"1"""'1"l"':'lfC:- /Icnn .."..,.".,......",...,""';...+h........i,,-,......... Vi Way~ql!'Kt November 19.2003 The subscriber below of the U S. Post Office located at 5120 Deny Street, Harrisburg. PA 17111. does hereb). cel'lifj. that an envelope was mailed with postage prepaid by First Class Mail Fom the FValpoim Bank addressed to Theresa lvI Smith, 645 Hummel Avenue, Lemoyne. Pa 17043. properly deposited U S. Mail for delivel)! thzs J {if, day a/November. J003. u S. Post Office By: 5120 Den)' Street Harrisburg, PA Lh'l po. Box 171 /, HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrEE 1-866-WAYPOINT (1-866-929-7646) . IN YORK AREA 717/815-4500 . wwwwaljpointbank.com r~~I.]:::i."f.l.M':J.::J'::a':IJ..~i::f..tl.J~ 't{.MJ~I::r,..:e":JJ.."''''':{''''I.;l'''.h'.'J~''~=:.~ . Complete items 1, 2, and 3. Also complete A. ;Ji9n re :L...tl 0 --- Jte,m 4 if Restricted Delivery is desired. X _ _ -:.J..d--t'....... ,,, /j ?'7'l/Vlt',1 0. Agent . Pn:1t your name and address on the reverse - ./' '/ )!;.4ddresseE so that we can return the card to you. B. Received by (Printed Name) I C. ~ oaf De.fiVef) . Attach this card to the back of the mailpiece, (I ,y-/>:;, or on the front if space permits. I j "DILJ;' D. Is delivery address different from item 1? D..YeS If YES, enter delivery address below: 0. No 1. Article Addressed to: '" ~ ~ (', f\!\-,--q(\ \ 1\-LI"i"S;C<- 1"\';;' ~ bL\,:::> HLU'h~ AeV"C-1'\V.z wxv\...v ~'-l p"" \I 0'-\ ') 3>!rviceType Certified Mail 0. . o Registered 0 ~~t~lrE;,j~!ise o Insured Mail 0 C.'fIll1= L1V~ r-V 4. Restricted Delivery? (ExtraLfee'1 '-ti\~4s 2. _ Article Number ~~s~~ms 7003 2260 0006 4845 2896 PS Form 3811, -~agusr20U1 Domestic Return Receipt 102595-02.M-154' . ! :':,~~, ,~"'. .;..~:.:;, ..:~:.~~:: .:' :~I:'>" .~:,,,.:~.~;i~:~:':'~1'~ ":};':!.(7rk.::~~ ..~......;.;;t.r&1m::._.,;". ~ ,~ 1........'-'I!~....III...:.;...~' ,....".".~..... .JJ ., ,"':' .~..' ::; 'iJ" ;....~.... ~ ~ '; ...'.. :;.~ IT"' ....,.. ~., \rJI--:'~~',,~~;, ...."",~..,",~~.._.pl.'o!I.. .... .r,:,!:"~ .......... ' , ..,. i' _1>.... .Ii/I'....."." . '_Ii'.::w.>., ..'~!1 ...... I. ."I-.....;a...,.e:.:ft... .:.-........._...~ ru ....:n,. ~!;,i'. ,i..: ~'::.'; -, ._~r,; i.""", i1.': I'Ci"; -I~' ,\, ,"-""':":. ~'::'1', '\ '._._'--j!l(iI,~ '....- '..""'--""1'--"'- . .- - ," ..~. ,.., Ul ::r <<l ::r 1 r"osl<lgi"!Si . 6t':J-;-;-~._----- 2.30 1.75 FD"til1",lf .JJ o o o ~letllrnReci'~ptFee [' ::;:',(jo:,smT1et11 i1eqllired) , ine~;~~i2(~~lc,~~(Rv:~;I~:d~ i Certified F8fJ j 1 Hen o .JJ ru ru 35;;- u, ;"5~ ,.- Tmai f'ostaqf. [;. Fees i $ c '-! -, ..1 L, '.:. en o o r-- 52!),' '-0 0rcl' i-- Si5.iG-:--:!;~~_.;---'----"-_u_, u~~'.'o~~~'!:: \..--'-. I'-::.....l ';! i ;; '--" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA , '-----..- In Re: THERESA M. SMITH Debtor FILED HARRISBURG PA WAYPOINT BANK F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK. Movant , NOV - 5 2003 \~ Clerk, U.S. Bankruptcy Court No, 1 :03-bk-04050-MDF vs, THERESA M, SMITH Respondent CHAPTER 7 PROCEEDING LEON P. HALLER Trustee ORDER AND NOW, this S ~ay of ;V(;i/./tJther: 2003, in consideration of Movant Waypoint Bank's Motion for Abandonment and Relief from Automatic Stay and the concurrence of Debtor's and this interim trustee to said Motion, IT IS HEREBY ORDERED that the automatic stay provided for by Section 362(a) of Title 11 of the United States Code is hereby lifted as to Waypoint Bank with regard to the 645 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 and Waypoint Bank is authorized to proceed with the sale of the aforesaid real property at Sheriff's Sale. Rule 4001 (a)(3) of the Federal Rules of Bankruptcy Procedure does not apply to this Order, BY THE COURT IJ~~ i'~ txh,'b+ U f? ....' c~.::.. IS =,2 ~ -.,., ~ 'Y ; '" r ~ (.,~. e "'- (\.....J ~ CJ ......... ~) -C iJ.l ..:t ..... '4 C " - ~.::> I.> '^' C J~- (f, 0 'd SHERIFF'S RETURN - REGULAR CASE NO: 2004-00703 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS SMITH THERESA M RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMITH THERESA M the DEFENDANT , at 1048:00 HOURS, on the 27th day of February, 2004 at 645 HUMMEL AVENUE LEMOYNE, PA 17043 HOLLY BUSS, DAUGHTER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 22.08 .00 10,00 .00 50.08 Sworn and Subscribed to before 6;:.. me this i ~ day of I'vt~ ~lJ(Jl{ A.D. q~~ot8n~;:t~ J ~ , So Answers: ,r~~~ R, Thomas Kline 03/01/2004 WAYPOINT BANK~ BY:~~ ~ Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs, No, 2004..00703 THERESA M. SMITH Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 22, 2004, a 10-Day Default Notice in the above-captioned matter was mailed to Defendant, Theresa M, Smith, by regular mail. postage prepaid, A true and correct copy of the 10-Day Default Notice is attached hereto and incorporated by reference, Dated: March 22, 2004 ~ By: Benjamin , iggs, r, 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/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs, No. 2004-00703 THERESA M. SMITH Defendants TO: Theresa M, Smith 645 Hummel Avenue Lemoyne, PA 17043 DATE OF NOTICE: March 22, 2004 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166.1 . . . Dated: March 22, 2004 By: ~~l2.~ Benjamin F, iggs, J, . Attorney for Plaintiff P,O, Box 17'11 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/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No, 2004-00703 vs, THERESA M, SMITH Defendant PRAECIPE TO ENTER JUDGMENT To the Prothonotary: ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiffs Complaint in Mortgage Foreclosure against Theresa M, Smith in favor of Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank for the following: Amount Due Per Complaint, , , . , , , , , , $ 84,488,92 Interest from 2/3/04 through 9/8/04 (inclusive) at $18,6305 per diem, , , . , , Late Charges from 2/3/04 through 9/8/04 (inclusive at $82,37 per month), . . , . . , , $ 4,616.44 $ 329.48 TOTAL AMOUNT $ 89.434,84 with interest from September 9, 2004 at such rate or rates established by Plaintiff pursuant to the terms of the Note currently $18,6305 per diem, from September 9, 2004, late charges from September 9, 2004 at 5% of the monthly payment amount, currently $82,37 per month, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate, I hereby certify that on March 22, 2004 a 10-Day Default Notice in the above-captioned matter was mailed to the Defendant, Theresa M, Smith, by regular mail, postage prepaid, A true and correct copy of the 10-Day Notice is attached hereto and incorporated by reference, DATE: June A, 2004 By: .Jb.!:.J.n J . Benjamin F, Ri9~'7!;" Attorney for Plaintiff P,Q. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D, No, 72030 .. j I } IJp q , 2004 Judgment entered by the Prothonotary this day according to the tenor of the above statement. (L.-LJ?.~ Prothonota. [/ '4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs. No. 2004-00703 THERESA M. SMITH Defendants TO: Theresa M, Smith 645 Hummel Avenue Lemoyne, PA 17043 DATE OF NOTICE: March 22, 2004 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, LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 24~-3166 I (_ / ,/ Dated: March 22, 2004 By, -f-:-~~ '.~/-J7 ~1 Benjamin F, Riggs, Jr: Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 1.0. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOfNT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff Please Time-Stam ana Retum . 11 ,. lOme. I hank You. vs, No, 2004-00703 THERESA M, SMITH Defendants ...., CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 22, 2004, a 10-Day Default Notice in the above-captioned matter was mailed to Defendant, Theresa M, Smith, by regular m<iil, postage prepaid. A true and correct copy of the 10-Day Default Notice is attached. hereto and incorporated by reference, Dated: March 22, 2004 By: ,-/1)(l.~1t11 Benjamin 1=, Riggs, Jr,j Attorney for Plaintiff P,O, Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No, 72030 l~ - - ~ ~ .(l 1.~ ~ ~ (J ~ rtb ~ ry ~~ t'J- ,"" t... ~ ~~';~ () _.:.'_ .-n (-.- :....~ i',) ~'~;: l_:) .J . ..~ r U"'V Cc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No, 2004-00703 vs. THERESA M. SMITH Defendant 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 _ day of June, 2004, a Notice of Sheriff's Sale in the above- captioned case was mailed, via first class mail, postage prepaid, to the following: Cumberland County Tax Claim Bureau South Hanover and High Streets Carlisle, Pennsylvania 17013 Copy of Proof of Mailing is attached hereto. DATE: June 8#1,2004 By: . ;! f>l.-- / Benjami~ggS~~ Attorney for Plaintiff P,O, Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 1.0. No, 72030 Sworn and subscribed to before me this if!J.. day of June, 2004 ~~~~~ My Commission ~xptfe's: I Notarial Seal I Dawn M. Gutierrez, NOW')' Public City of York. York County My Commission Expires Apr. IS. 2~ Member, pen.,sylvar1aAssociationofNotanes o -g." 0. ;)5 ." o 3 w co 1<:::,' . ~,K: ~ ~r:l ro ~~. l c,.::S- . -,.. ~ f". ~ 0 ~ 0.. ~ ~. ~~~ i ~'~~>~ ?':~ .:ll . ..... ",c..;O .JIt": ~ S'::'-' ~ - CD. ~ ~" ., III 0 ' u ...,., 0:::. ~ tIlxr-O '('.l '::' ;:--1;; c !r. "<~ ,0 :ll::-: c;: Z ::::--- G) ::: ')) . -..:.( ,-r--I s::.. ~ iJ c: Ui I ...., '""." J> IT: > ~' .r.: "'t -,. (t.:::: -.I -- C:'.CiD .0 . A ,~- /~"... l;f,,~ I :~ J\~~'\"'i , ~)) / t ;-.' ." s: ~ co co co :Xl }~Ic <t> oJ>. g <-<~ ;::" 51:Il-o <t> mf1'\ 0 a. .,.,c ~ Tl OUl"" o :%18 ~ .3 Z"'C/l 000 m c:O :0 :!)o :::; ~o " R:i: m mm ~~ 0" w~ (") -'"m ~o :r:J CIlZ -.of -.-.- ~S3 :!! ,,(") ~)::o --I gm ~ ~o ~." ~ "S 2~ 00- ,,2 :::G'l %~rgg> . g ~ 3 ~ ~~*if m~""~ ....,."C (tI Q5"~~ ('>.t:l ~ ::,. ~ ~.~ ; ~ 0 g 3 _ ......a.'E .......) c;) l"~) -'1.. \":' 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, 2004-00703 vs. THERESA M. SMITH Defendant PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 TO 3149 TO THE PROTHONOTARY: Issue Writ of Execution in the above-captioned matter, (1) Directed to the Sheriff of Cumberland County, Pennsylvania (2) Against Theresa M, Smith (3) And index this writ against Theresa M, Smith, Defendant As a lis pendens against the real property of the Defendant as follows: ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania as more fully described in Exhibit A, attached hereto and made a part hereof, (4) Amount due $89,434.84 with interest from September 9, 2004 at such rate or rates established by Plaintiff pursuant to the terms of the Note currently $18,6305 per diem, from September 9, 2004, late charges from September 9, 2004 at 5% of the monthly payment amount, currently $82,37 per month, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the COU~d ems~ppr priate, DATE: June -i-, 2004 By: ct2 Benjamin F, iggs, r, Attorney for Plaintiff P,O, Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 1.0, No, 72030 70 ~ ~i ~,~ '!/..: ~ ol:; ~ ~~ ~ :..r -t.g,'4q , ':' '1 C) o (). r ""\ - ~ t.... ~..ovtlll- N. UlOtl\ o li'I 6;'" 0 D ~CCC"QO ~~ ~ :: : : ~F ~ - ::~, ~ , - - ~ ]:8 ., ":-n . ~;) t~;.:;.: :-'~ '" ,") , , -- ~...D . / ./ Exhibit A - Legal Description ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Ronald S, Raffensperger, Registered Surveyor, dated October 30, 1978, as follows: BEGINNING at a point on the northeastern comer of the intersection of Hummel Avenue and Seventh Street; thence along the eastern line of Seventh Street, North 19 degrees 30 minutes West, 102,5 feet to a point; thence North 70 degrees 30 minutes East 20 feet to a point; thence South 19 degrees 30 minutes East 31,6 feet to a point; thence South 70 degrees 30 minutes West 1 ,1 feet to a point; thence through the center of a partition wall separating the premises 643 and 645 Hummel Avenue, South 19 degrees 30 minutes East 70,9 feet to a point on the northern line of Hummel Avenue; thence along the northern line of Hummel Avenue, South 70 degrees 30 minutes West 18.9 feet to a point, the place of BEGINNING, HAVING thereon erected a two and one-half story frame dwelling known as No. 645 Hummel Avenue, Together with a/l and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining. BEING the same premises which James Franklin Jacobs and Jean A. Jacobs, his wife, of Lemoyne, Pennsylvania by Deed dated November 20, 1978 and recorded on November 21, 1978 in Cumberland County in Deed Book 0-28, page 897 conveyed unto Ralph B. Smith and Theresa M, Smith, his wife, Parcel# 12-22-0824-133 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To sati,fy the debt, interest and co,ts due WAYPOINT BANK, FIKA YORK FEDERAL NO 04-703 Civil CIVIL ACTION - LAW SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff (s) From THERESA M. SMITH (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are al,o directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gami,hee(,) that: (a) an attachment ha, been issued; (b) the garnishee(,) is enjoined from paying any debt to or for the account of the defendant (,) and from delivering any property of the defendant (s) or otherwise dispo,ing thereof; (3) Ifproperty of the defendant(') 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/,he has been added as a gami,hee and i, enjoined as above stated. Amount Due $89,434.84 L.L. $.50 Intere,t FROM 9/9/04 AT SUCH RATE OR RATES ESTABLISHED BY PLAINTIFF PURSUANT TO THE TERMS OF THE NOTE CURRENTLY $18.6305 PER DIEM FROM 9/9/04 Atty', Conun % Due Prothy $1.00 Atty Paid $132.08 Other Co,ts LATE CHARGES FROM 9/9/04 AT 5% OF THE MONTHLY PAYMENT AMOUNT, CURRENTLY $82,37 PER MONTH Plaintiffpaid Date: JUNE 9, 2004 CURTIS R. LONG (Seal) Prothono~ p '-?n -....av: L??D~". ." CcR-",rt".r- Deputy 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 2004-00703 vs, THERESA M. SMITH Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/kla 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 645 Hummel Avenue Lemoyne, Pennsylvania 17043 1, Name and address of Owner(s) or Reputed Owner(s), Name Theresa M, Smith Address 645 Hummel Avenue Lemoyne, Pennsylvania 17043 2. Name and address of Defendant(s) in the Judgment: Name Theresa M, Smith Address 645 Hummel Avenue Lemoyne, Pennsylvania 17043 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name N/A Address (if address cannot be reasonably ascertained, please do indicate) 4, Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Address (if address cannot be reasonably ascertained. please do indicate) P,O, Box 1711 Harrisburg, PA 17105-1711 5, 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) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, Pennsylvania 17013 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: Name N/A Address (if address cannot be reasonably) ascertained, please do indicate I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 PA C.S, Sec, 4904 relating to unsworn falsification to authorities, DATE: June -!:i- ' 2004 By: ~~/d! Benjamin F. Ri9-;W Attorney for Plaintiff P,O, Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 1.0, No. 72030 =-""" \..D ~, ,-':l , . ~:::~ ;;')"::!_" '.~: r) >',! r:j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No, 2004-00703 vs. THERESA M, SMITH Defendant 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" Attomey for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant, Theresa M, Smith's, last-known address is 645 Hummel Avenue, Lemoyne, Pennsylvania 17043, Sworn and subscribed before me this ~#. day of June, 2004 By: f /J / /I Benjam~i~n Attorney for Plaintiff P,O, Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 1.0, No, 72030 D Notarial Seal awn M. Gutierrez Nnt...... Cily of York, Yo k -J Public My Commission Expir:s ApCounj'Y Mamba · 5 2006 r, PermSylVanla A'iSOCi'a" . "onotNotanes ,. ~ ~'~~ ~-r~ f~~ ~~ .,,-., ;0--; ; "-( '--::> :~) c,< :"il tJ...j 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, 2004-00703 vs, THERESA M, SMITH Defendant NOTICE PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Theresa M, Smith. Cumberland County Tax Claim Bureau South Hanover and High Streets Carlisle, Pennsylvania 17013 You are hereby notified that on September 8,2004 at 10:00 A.M" prevailing local time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Waypoint Bank, flk/a York Federal Savings and Loan Association and Harris Savings Bank vs, Theresa M, Smith, No. 2004-00703 the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Court House, One Courthouse Square, Carlisle, Pennsylvania 17013, County of Cumberland real estate of Theresa M, Smith and numbered as 645 Hummel Avenue, Lemoyne, Pennsylvania 17043 (Cumberland County), A description of said real estate is hereto attached. You are further notified that a Proposed Schedule of Distribution will be filed by the Sheriff of Cumberland County on October 8, 2004, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. DATE: June...K..., 2004 By: /) /J /, f Benjami~~~1'1 Attorney for Plaintiff P.D, Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 /.D,No, 72030 Exhibit A - Legal Description ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Ronald S. Raffensperger, Registered Surveyor, dated October 30, 1978, as follows: BEGINNING at a point on the northeastern corner of the intersection of Hummel Avenue and Seventh Street; thence along the eastern line of Seventh Street, North 19 degrees 30 minutes West, 102.5 feet to a point; thence North 70 degrees 30 minutes East 20 feet to a point; thence South 19 degrees 30 minutes East 31.6 feet to a point; thence South 70 degrees 30 minutes West 1.1 feet to a point; thence through the center of a partition wall separating the premises 643 and 645 Hummel Avenue, South 19 degrees 30 minutes East 70,9 feet to a point on the northern line of Hummel Avenue; thence along the northern line of Hummel Avenue, South 70 degrees 30 minutes West 18,9 feet to a point, the place of BEGINNING, HAVING thereon erected a two and one-half story frame dwelling known as No. 645 Hummel Avenue, Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, BEING the same premises which James Franklin Jacobs and Jean A. Jacobs, his wife, of Lemoyne, Pennsylvania by Deed dated November 20, 1978 and recorded on November 21, 1978 in Cumberland County in Deed Book 0-28, page 897 conveyed unto Ralph B, Smith and Theresa M, Smith, his wife, Parcel# 12-22-0824-133 "'" f:::~ <.:.:..:~ -T1 l....0 ~~f:n ~J.;~-J I,;-j ! \.,.u J, , C) "'" c C::~ Co ~- C:,~ ~- -h - ::;:J ;::,.,. -;:.::; h9 :~~ .--- r" -oJ:-( +' -1"~. r)1-' ""'7j .'''10 -.,.. ~p; S";) ,t W , CO . " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND oL/~ '703 }SS: I, Robert p, Ziegler, Recorder of Deeds in and for said County and State do hereby ce fy that the Sheriffs Deed in which Wavpoint Bank fka York Fed S & L Assoc is the grantee the sam having been sold to said grantee on the 8th day of fum1 A.D" 2004, under and by virtue of a writ Exe ution issued on the 9th day ofJune, A.D., 2004, out ofthe Court of Common Pleas of said County of Civil Term, 2004 Number 703, at the suit ofWavpoint Bank fka York Fed S & L Assoc against Th resa M Smith is duly recorded in Sheriffs Deed Book No, 1,66, Page 813, IN TESTIMONY WHEREOF, I have hereunto rtt et my hand and seal of said office this day of ]1M~ ( '" '~ Waypoint Bank f/k/a York Federal Savings And Loan Association and Harris Savings Bank VS Theresa M. Smith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-703 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, st tes that on July 15,2004 at 8:12 o'clock PM, he served a true copy of the within Real Es ate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Theresa M, Smith, by making known unto Theresa Smith, personally, at 645 Hummel Ave., Lemoyne, Cumberland County, Pennsylvan a, its contents and at the same time handing to her personally the said true and correct c py of the same, Valerie Weary, Deputy Sheriff, who being duly sworn according to law, state that on July 14,2004 at 8:27 o'clock P.M., she posted a true copy of the within Real Eslate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Theresa M. Smith located at 645 Hummel Ave" Lemoyne, 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 nam d defendant, to wit: Theresa M. Smith, by regular mail to her last known address of 6 5 Hummel Ave., Lemoyne, P A 17043. This letter was mailed under the date of July 1 , 2004 and never returned to the Sheriff's Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, states tha 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, Cumberlan County, Pennsylvania on September 08, 2004 at 10:00 o'clock A,M, He sold the s e for the sum of$l.OO to Attorney Benjamin Riggs for Waypoint Bank f/k/a York Fe raI Savings and Loan Association and Harris Savings Bank. It being the highest bid an best price received for the same, Waypoint Bank f/k/a York Federal Savings and Loan Association and Harris Savings Bank ofP,O, Box 1711, Harrisburg, PA 17105-171 , being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $885 O. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 17,37 15.00 15.00 30,00 10.00 ,50 Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 1.00 23,68 15.00 20,00 293.30 319.06 30.49 25,00 40.50 885,90 ;~~ This 1~dayof J,c.O,.uJ~AJ' , CJ.. , R, Thomas Kline, Sheriff 2004, A.D. UP'. (2Ikdbu.#' ~.II r6thonotary BY ~... ~ Real Estate puty Sworn and subscribed to before me if~ 3~ .uV I." / /1')'1' Lh.. -I J / ~ .'1'0<-5 I) V' .~' !. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL ANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 2004-00703 vs. THERESA M. SMITH Defendant 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 ocated at 645 Hummel Avenue Lemoyne, Pennsylvania 17043 1, Name and address of Owner(s) or Reputed Owner(s). Name Theresa M. Smith Address 645 Hummel Avenue Lemoyne, Pennsylvania 17043 2, Name and address of Defendant(s) in the Judgment: Name Theresa M. Smith Address 645 Hummel Avenue Lemoyne, Pennsylvania 17043 3. Name and address of every judgment creditor whose judgment is record lien on the real property to be sold: Name N/A Address (if address cannot be reasonably ascertained, please do indicate) 4, Name and address of the last recorded holder of every mo gage of Record: ,. Name Waypoint Bank, flk/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 5. Name(s) and address of every other person who has any record I n on their property: Name N/A Address (if address cannot be reasonably ascertained, please do indicate) 6. Name and address of every other person who has any record int est in the property and whose interest may be affected by the sale: Name Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, Pennsylvania 17013 7, Name and address of every other person of whom the plain ff has knowledge who has any interest in the property, which may be affe ted by the sale: Name N/A Address (if address cannot be reasonably) ascertained, please do indicate I verify that the statements made in this affidavit are true and correct to the be of my personal knowledge or information and belief. I understand that false statement herein are made subject to the penalties of 18 PA C,S. Sec, 4904 relating to nsworn falsification to authorities, DATE: June -!::i-, 2004 By: Benjamin F. Riggs';. r Attorney for Plaintiff P.O, Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 1.0, No. 72030 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL ANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 2004-00703 vs. THERESA M. SMITH Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Theresa M. Smith 645 Hummel Avenue Lemoyne, Pennsylvania 17043 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 8 2004, in the SHERIFF'S OFFICE, Cumberland County Courthouse, One Courtho e Square, Carlisle, Pennsylvania 17013 at 10:00 A,M, prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, toge her with a brief mention of the building and any other improvements erected on the la d. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 645 Hummel Avenue, Lemoyne, Pennsylvania 17043 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 2004-00703. THE NAME OF THE OWNER or REPUTED OWNER OF THIS PROPERT IS: THERESA M, SMITH 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 t e . proceeds of the sale received and to be disbursed by the Sheriff (for example to b nks that hold mortgages and municipalities that are owed taxes) will be filed by the Sh riff 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 fil ng 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 Commo Pleas of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held, to be sold or taken to pay the judgment. You may have legal r hts to prevent your property from being sold or taken to pay the judgment. A lawyer c n advise you more specifically of these rights. If you wish to exercise your rights, yo must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO T OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE Y CAN GET FREE LEGAL ADVICE: LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1, You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person r company that has entered judgment against you. You may also file a petition with t e same Court if you are aware of a legal defect in the obligation or the procedure us 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 delivere 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 propose order or rule must be attached to the petition. If a specific return date is desired, s h date must be obtained from the Court Administrator, Cumberland County Courth use, One Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of t e petition to the Court, DATE: June -1-,2004 By: Benjamin F. iggs, Jr. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 1.0, No. 72030 Exhibit A - Legal Description ALL THAT CERTAIN piece or parcel of land, situate in the Borough of L moyne, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Ronald S. Raffensperger, Registered Surveyor, dated October 30, 978, as follows: BEGINNING at a point on the northeastern corner of the intersection of ummel Avenue and Seventh Street; thence along the eastern line of Seventh Street, orth 19 degrees 30 minutes West, 102.5 feet to a point; thence North 70 degrees 30 in utes East 20 feet to a point; thence South 19 degrees 30 minutes East 31.6 feet to a point; thence South 70 degrees 30 minutes West 1.1 feet to a point; thence through th center of a partition wall separating the premises 643 and 645 Hummel Avenue, S uth 19 degrees 30 minutes East 70.9 feet to a point on the northern line of Hummel venue; thence along the northern line of Hummel Avenue, South 70 degrees 30 minut s West 18,9 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling known as o. 645 Hummel Avenue. Together with all and singular the hereditaments and appurtenances th reunto belonging or in anywise appertaining, BEING the same premises which James Franklin Jacobs and Jean A. Jacobs, is wife, of Lemoyne, Pennsylvania by Deed dated November 20, 1978 and recor ed on November 21, 1978 in Cumberland County in Deed Book 0-28, page 897 co veyed unto Ralph B. Smith and Theresa M, Smith, his wife. Parcel# 12-22-0824-133 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-703 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and co,t, due W A YPOINT BANK, F/KA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff(') From THERESA M. SMITH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are al,o directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gami,hee(s) that: (a) an attachment has been issued: (b) the garnishee(s) i, enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t (s) or otherwise di'posing 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 garni,hee, you are directed to notify him/her that he/she ha, been added as a garni,hee and is enjoined as above stated. Amount Due $89,434,84 L.L. $,50 Intere,t FROM 9/9/04 AT SUCH RATE OR RATES ESTABLISHED BY PLAINTIFF PURSUANT TO THE TERMS OF THE NOTE CURRENTLY $18.6305 PER DIEM FROM 9/9/04 Atty's Comm % Due Prothy $1.00 Arty Paid $132.08 Other Co,t, LATE CHARGES FROM 9/9/04 AT 5% OF THE MONTHLY PAYMENT AMOUNT, CURRENTLY $82.37 PER MONTH Plaintiff Paid Date: JUNE 9, 2004 CURTIS R, LONG Prothonota (Seal) Deputy 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 Real Estate Sale #51 On June 16,2004 the sherifflevied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, P A Known and numbered as 645 Hummel Ave., Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: June 16, 2004 By:Jl\~t~U. Real Estaee Deputy ,','I 1 _, \ '.:' 'c; ~ ::. 0 ...,'..:"j;, \/-.:' '~ \ \ ~ . . ht', \\~ Ss \ ~.I.\<\': .d'\~.l:',\" ' b ~r ,-\~ '.'.,.l\j<l .,;.,i .)- ~ ~ ~ (~ REAL. ESTATE SAL.E No. 51 Writ No. 2004'703 Civil Term . Wavpolnt Bank f/kIa York Federal Savings and L.oan Association and Harrla Savings Bank Vs Theresa M. Smith Atty: BenJamin- Riggs DESCRIPTION ALL TIlAT CIllWJN. piece 01 pllltel of land, situate in the Borougb of Lemoyne, Cumbotland County, PelUlS)'lvania, bounded and described in accordance with a s\lT'ley by Ronald S. Rafl'ens-perget, Registered S\IT'Ieyor, dated Oclobot 30, 1978, as follows: . BEGINNING at a point on the northeastern cornel of the intet-stCtion of Hummel Avenne and Seventh SIree~ thence along the eastern line of . Seventh SIree~ North 19 degrees 30 minutes West, 102.5 feet 10 a poin~ thence North 70 degrees 30 minures East 20 feet 10 a point: thence South 19 degrees 30 minutes East 31.6 feet to a poin~ thence South 70 degrees 30 minutes West 1.1 feel 10 a point; thence througb the centet of a partition wall separating the rm-i,es 643 and 645 Hummel Avenue, Sou 19 degrees 30 minnres East 70.9' feet to . point on the northern line of Hummel Avenue; thence along the northern line of Hummel Avenue,. South 70 degrees 30 min-ures West 1M feet to . poin~ the place of BEGINNING. HAVING thereoLerected a two and one-ball story frame dwelling known as No. 645 Hummel Avenue. . Together with all. and singular the hereditaments ahd appurl'l-nances thereunlo belonging or in anywise appertaining. BEING the same ~mises whlclt lames Pranidin Jacobs and Jean A. Jacobs, hi, wife, of . Lemoyne. Pennsylvania by Deed dated Navembot 20, 1978 and recorded on November 21. .1978 in Cumberland County in Deed Book D-28, page 897 co.nvey~ Wlto Ralph B. Smith and Theres. M. Smith, hi, wife. . AReEL #12-22-0824-133. . 'f. REAL ESTATE SALE No. 51 Writ No. 2004'703 CIYlI rerm , Waypolnt Bank fIkIa York Federal Savings and Loan Auoclatlon and Harrts Saving. Bank V. Theresa M. SmIth Atty: BenJallll~Rlggs DESCRIPTiON '>.'- . ALL TIlAT CBlitAIN. piece or parcel of land, situare in the Borough of Lemoyne, Cumberlaud County, Pennsylvania, bounded aud described in aceordauce With a sUlVey by Ronald S, Raffens-Jietget, Registmd Surveyor, dated October 30, 1978, as foil....: BEGINNING af a point on the northeastern corner of the inter-aectilJn of Hummel Avenllt aud Seventh Stree~ thence along the "'!Stem Hne of Seventh Stree~ NO!Ill 19 degw:a 30 minutes Wes~, 102.5 feet to a poin~ thence North 70 de8J'ee8 30 llIimItea East20 feetro a point; thence South 19 de8J'ee8 30 minutes East 31.6 feet to a poiut; thence South 70 de8J'ee8 30 minutes West I.l feet ro apoin~ thence lluuugh the center of a partition wall sepatllling the prem-!ses 643 and 645. Hummel Avenoe, Southl~ . degw:s 30 minutes Bast 70.9 feet ro a point on the nO!lllern line of HlIlI1lllel Avenue; thence along the nO!lllern line of Hummel Avenue, South 70 degrees 30 min'<ltes West 1M feet to a poin~ the place of BEGINNING, HAVING thereot. ereCted a two and one-half story frame dwelling 1m0Wll as No. 645 HlIlI1lllel Avenue.1bgither with all and singular the hereditament> . lind aPPurt':-oauces thereunto belonging or in anywise appertaining, BEING the same premises wbich James FnulkliJl Jacobs and Jean A. Jacobs, bi, wife, of. Lernoyne, Pennsylvania by Deed dated November 20, 1978 and reconled on.November 21,1978 in Cumberland County in Deed Book 0'28, page 897 conveyoo Mto Ralph B. Smith and Theresa M. South, IDS wife, .' ARCEL #12,22-0824-133, . . '. REAL ESTATE SALE NO, 51 Writ No. 2004-703 Civil Waypoint Bank, f/kfa York Federal Savings and Loan Association and Harris Savings Bank vs. Theresa M. Smith Atty.: Benjamin Riggs Exhibit A-Legal Description ALL THAT CERTAIN pIece r parcel of land, situate in the B Qugh of Lemoyne, Cumberla d County, Pennsylvania, bounded a d described in accordance with a s vey by Ronald S. Raffensperg r, Registered SUI'Veyor. dated Octob r 30, 1978. as follows: BEGINNING at a point on t e northeastern comer of the interse tion of Hummel Avenue and Seven Street; thence along the eastern Ii of Seventh Street, North 19 degre 30 minutes West. 102.5 feet to point: thence North 70 degrees 3 minutes East 20 feet to a poin ; thence South 19 degrees 30 mi utes East 31.6 feet to a pain: thence South 70 degrees 30 mi utes West 1.1 feet to a point; thenc through the center of a partition separating the premises 643 an 645 Hummel Avenue, South 19 de grees 30 minutes East 70.9 feet t a point on the northern line 0 Hummel Avenue; thence along th northern line of Hummel Avenue South 70 degrees 30 minutes Wes 18.9 feet to a point, the place 0 BEGINNING, HAVING thereon erected a tw and one~half story frame dwellin known as No. 645 Hummel Avenue Together with all and singular th hereditaments and appurtenance thereunto belonging or in anywise appertaining. BEING the same premises which James Franklin Jacobs and Jean A. Jacobs, hts wife, of Lemoyne, Pennsylvania by Deed dated Novem- ber 20, 1978 and recorded on No- vember 21, 1978 in Cumberland County in Deed Book D-28, page 897 conveyed unto Ralph B. Smith and Theresa M, Smith, his "Wife. Parcel #12-22-0824-133.