HomeMy WebLinkAbout04-3057IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
vs.
JAMES H. TURBAN
VALERIE L. ZEHRING
Defendants
No. 0q- 3057 C,.4 Ia
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 COMON DEL CONDADO DE CUMBERLAND
COUNTY, PENNSYLVANIA
DIVISION CIVIL
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
contra Num. Del Caso.
JAMES H. TURBAN
VALERIE L. ZEHRING
Defendants
AVISO PARA DEFENDER
Conforme a PA RCP Num. 1018.1
USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defenderse
contra de la demanda puestas en las paginas siguientes, usted tienen que tomar accion
dentro de veinte (20) dias despues que esta Demanda y Aviso as servido, con entrando
por escrito una aparencia personalmente o por un abogado y archivando por escrito
con la Corte sus defensas o objeciones por puestas en esta contra usted. Usted es
advertido que si falla de hacerlo el caso 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 o por cualquier otro reclama o alivio solicitado por
Demandante. Usted puede perder dinero o propiedad o otros derechos importante
para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI
LISTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA
FIJADO AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE
COMO CONSEQUIR UN ABOGADO.
SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE A UN HONORARIO REDUCIDO O
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/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
vs.
JAMES H. TURBAN
VALERIE L. ZEHRING
Defendants
No. 0 4 - 30 5 7 C,., -.1--
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, James H. Turban and Valerie L. Zehring, 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, James H. Turban, is an adult individual residing at 1
Cedar Cliff Drive, Camp Hill, PA 17011 and is the mortgagor and real owner of the
Mortgaged Premises located at 1 Cedar Cliff Drive, Camp Hill, PA 17011, Cumberland
County, having originally acquired title by Deed dated May 25, 2000, and recorded on
June 1, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record
Book 222, Page 517.
3. The Defendant, Valerie L. Zehring, is an adult individual residing at 1
Cedar Cliff Drive, Camp Hill, PA 17011 and is a real owner of the Mortgaged Premises
located at 1 Cedar Cliff Drive, Camp Hill, PA 17011, Cumberland County, having
acquired title by Deed dated July 8, 2002, and recorded on May 7, 2003, in the
Cumberland County, Pennsylvania, Recorder's Office in Record Book 256, Page 4747.
Mortgage
4. On or about May 24, 2000, Defendant, James H. Turban 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
November 7, 2000 in the Cumberland County, Pennsylvania, Recorder's Office in
Mortgage Book 1650, Page 863. 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 May 24, 2000, an Assignment of Mortgage from Century
Spouting, to Harris Savings Bank, upon premises therein described, was recorded on
November 7, 2000 in the Cumberland County, Pennsylvania, Recorder's Office in
Mortgage Book 659, Page 606. A true and correct copy of said Assignment of Mortgage
is attached hereto, made a part hereof, incorporated herein by reference, and marked
"Exhibit B".
6. On or about February 13, 2002, an Assignment of Mortgage from
Waypoint Bank f/k/a Harris, to Savings Bank Department of Housing and Urban
Development (HUD), upon premises therein described, was recorded on February 15,
2002 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book
684, Page 3686. A true and correct copy of said Assignment of Mortgage is attached
hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit C".
7. On or about April 22, 2003, an Assignment of Mortgage from Department
of Housing and Urban Development (HUD), to Waypoint Bank f/k/a Harris Savings
Bank, upon premises therein described, was recorded on April 28, 2003 in the
Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 696, Page
3367. A true and correct copy of said Assignment of Mortgage is attached hereto, made
a part hereof, incorporated herein by reference, and marked "Exhibit D".
Default
8. Said Mortgage is in default because Defendant has failed to make the
monthly payments of principal and interest due and owing on his 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.
9. 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.
10. By reason of the default, the following amounts are due in accordance
with the terms of said Mortgage:
Unpaid Principal Balance $24,398.35
Interest from 6/1/03 to 5/24/04
(inclusive) at $8.5227 per diem $ 2,914.76
Attorney's Fees 5% $ 1,250.00
TOTAL AMOUNT DUE $28.563.11
Compliance with Homeowners' Emergency Assistance Act
11. The Temporary Stay as provided by the Homeowner's Emergency
Mortgage Assistance Program, Act 91 of 1983, has terminated because either:
(i) Defendants have failed to meet with the 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 E"; or
(ii) Defendants' application for assistance has been rejected by the
Pennsylvania Housing Finance Agency.
Compliance With Loan Interest and Protection Law
12. Notice of Intention to Foreclose and Rights Under 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, was sent in accordance with said Act to Defendants on April 6,
2004. A true and correct copy of said Notice is attached hereto, made a part hereof,
incorporated herein by reference, and marked "Exhibit E".
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, James H. Turban and Valerie L. Turban, in the amount of Twenty-Eight
Thousand Five Hundred Sixty-Three and 11/100 Dollars ($28,563.11), with interest
thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms
of the Installment Note, currently $8.5227 per diem, from May 25, 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
appropriate.
Dated: June 22, 2004 By: I
Benjamin F. iggs, r.
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. 1 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: Co / 24By: /? ?/ ???L_
( Barbara L. Householder
Default Specialist 11
VOTE: SEE INSTRUCTIONS ON BOTTOM STUB.
MORTGAGE
7Li
THIS MORTGAGE, dated the ..G._. day of is between me,tt'Y.'^F. . ?-j ._ f /'IAn F'J
the person or persons who sign as "Mortgagor" below, of 10iL,
and you, ...._....... 17
.?. Pv ...27 (?6 :...__ ..............._._.._.............. .......__............ ._......... --....--___.___.._--._- , the Contractor (and "Mortgagee).
MORTGAGED PREMISES: I mortgage, grant and convey to you the premises located at J_ _A ii^w_.
Street Address '
n
....... ....... ._...................... .._...._
Borough) Township]
Pennsylvania, together with all the buildings, improvements, additions and alterations to the premises. A legal description of the premises is contained in the deed
by which,) obtained title to the premises, which is recorded at the --- ------ !G.S .'i t'v?-:' •'. '' __........_.... _._....... ... County Office for the Recording of Deeds,
in Book N.,)a c.?4 n. ...... on Page(s) :5,.(I. ........ or, ? if checked, as more particularly described on the reverse side.
This Mortgage will secure repayment of an extension of credit given by Contractor to -1.PC1'i M.._Ii.,_..?_L(whether one or more persons
called the "Buyer") in the amount of _ plus interest, which is evidenced by a Home Improvement Installment Sale Contract dated
++Zr y ?4 z,.,?
.._..........1.., a.._..__....... ?.?..:- _....._..._.._. 19._.._`.'... (called the "Contract").
This Mortgage is given to induce you, the Contractor, to extend credit to the Buyer and is made subject to the following conditions:
1. 1 warrant and represent that I have fee simple title to the premises and the legal right to mortgage it.
2. 1 will pay all real estate taxes, assessments, water charges and sewer rents on the premises when they come due. Neither i nor the Buyer will claim any credit
or make any deduction from the amount due on the Contract because such payments are made. I will provide proofs of payment upon your request.
1 I will maintain the building(s) on the premises in good condition. I will not make major changes in the building(s) or tear the building(s) down without first
obtaining your permission.
4. !wilt keep the building(s) on the premises insured at all times against loss by fire and other hazards. 1 understand that, although 1 may choose the insurance
company, the choice is subject to your approval. The policies will be for at least the amounts, coverages and time periods that you specify. The policies will name
you (or any person to whom you assign your rights under this Mortgage) as "loss payee", which means that you will first receive payment on all insurance claims to
the extent of your interest under this Mortgage. If you receive payment of a claim you may let me repair the damage, or you may reduce the sums due on the
Contract, as you alone choose. I will deliver to you at your request the policies or other proofs of insurance.
5. So long as the Contract remains unpaid, I will not sell or transfer ownership of the premises without obtaining your prior written consent.
6. The Contract provides what constitutes a default under this Mortgage. In addition, if l default on any other mortgage on the premises l will be in default of
this Mortgage. Upon or after any default, you can, by giving me any timely notice as required bylaw, demand payment in full of the Contract and foreclose on this
M ortgage. This means that you can have the premises sold, as provided bylaw, in order to payoff what the Buyer owes you on the Contract. If the money you
receive from the sale is not enough to pay what the Buyer owes you, I will not owe you the difference unless I have also signed the Contract.
7. Until the Buyer has paid in full what is owed you on the Contract, the provisions of this Mortgage will be binding on me and all future owners and tenants
of the premises. This Mortgage is for your benefit and for the benefit of anyone to whom you may assign it.
8. You may delay enforcing any of your rights under this Mortgage or the Contract without losing them, Any waiver by you of any provision of this
Mortgage or the Contract will not be a waiver of that or any other provision at any other time.
9. Regardless of anything else stated above, when alisums due you on the Contract have been paid in full then this Mortgage will end and become void. You
will then have no further rights in the premises.
RECEIPT OF COPY: I have received a completely filled in copy of this Mortgage. ?j
IN WITNESS WHEREOF, 1 have signed this Mortgage on the above date.
'f j (SEALI ............... -.._. ?.. _..---' ...._.....- (SEAL)
Mortgagor rtgagor
....._.._...... (SEAL)
(SEA,L)
WIT
MORTGAGEFROM
Fir, rc I7 . I ,_URF? fi,?"J .
Mortgagor(s)
TO
I-1 ? ( C) 5 (Z o
ASSIGNMENT OF MORTGAGE
F'_t,J _cDJ
Mortgage Dated: I:
f
and Recorded: '90 PIOU 7 21 , 19 ,
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in Mortgage Book, Vol. y ? 3- Page ig, 3
,
in the Recorder's Office of County,
-o,
_ Commonwealth of Pennsylvania, in the Principal Sum (or Total of Payments, as applicable)
?(Lj.7 . f 17?a? It fi? 1JZk fi7. 1?`TC7l.1„(?? ?r1 ?? ` of S ZJ o C) (7 plus interest.
Mortgagee
FOR VALUE RECEIVED, the undersigned Mortgagee hereby grants, sells, assigns, transfers and sets over to
HARRIS SAVINGS BANK • HARRISBURG, PENNSYLVANIA (the "Assignee"),
the above described Mortgage upon the premises situate in the (City/Township/ Borough) of I
County of 5l'rP, T ,hTi A-111 /b , Commonwealth of Pennsylvania, known and designated as
1
? C'-CF1?AR, GUr=(= ?Lr' Nn1P(-?li( ?-'R lidll ?/;?)?h/'Cf(d?,
Street Address Municipality County Tax Parcel Number (or other Uniform Parcel Identifier)
TOGETHER with the Promissory Note, Installment Sale Contract or other evidence of the Mortgagor's indebtedness and all Rights, Remedies, Incidents and
Appurtenances thereunto belonging, or in anyway appertaining, and all of Mortgagee's estate, right, title, interest, property, claim and demand, in and to the same;
TO HAVE AND TO HOLD all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, unto the Assignee, its
successors and assigns, to and for its proper use and behoof forever; subject, nevertheless, to the equity of redemption of the Mortgagor in the Mortgage described above, and
of Mortgagor's heirs and assigns therein;
AND DOES HEREBY DIRECT the Recorder of the said County to note upon the margin of the record of said Mortgage, this Assignment thereof.
IN WITNESS WHEREOF, the undersigned assignor, Mortgagee, has caused its seal to be duly affixed hereto, this Z?l day
of /Vlny 119-7-100
Mortgagee: (SEAL)
Signature of Mortgagee
(if Individual or Partnership; or type name of Corporation)
Witness (Attest) L (SEAL) By: L-(- ?V - (SEAL}
(Affix Corporate Seal S Appropriate) (Signature and title if assignor is a Corporation)
I certify that the' precise residence of the within-named Assignee, Assignee of the above identified Mortgage, is
(Address of Assignee)
235 N. SECOND ST., HARRISBURG, PA 17105
Signature (Agent on behalf of Assignee)
WHITE Original • CANARY . Borrowers Copy • PINK Dealers Copy • GOLDENROD - File Copy
MTG-5002 (4/96)
PENNSYLVANIA
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FORM OF ACKNOWLEDGEMENT IF ASSIGNOR IS CORPORA,ft&%der
COMMONWEALTH OF PENNSYLVANIA
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ASSIGNMF,IST
James H. "turban PARCEL: 13-24-0805-096
Cliff Dr.
UPON: I Cedar.
Camp Hill, Pa. 17011
Cenraly Spouting, inc.
TO: Waypoint BatdJformerly
Harris Savings Bank
449 Eisenhower Blvd TO SECURE: $25,000.00
Harrisburg, Pa 17111
Mortgage Recorded in Cumberland County, in the City of Camp Hill, and State of Pennsylvania, on the
24th day of May A .D. 2000 in the Mortgage Book (659) and page{606-607).
KNOW ALL MEN BY THESE PRESENT, THAT HARRIS SAVINGS BANK for and in the
cmrsiderattort of the sum of ONE DOLLAR & 00/ 100----($1.001 lawful money of the United States
of America TO tabard paid by THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT )HUD} TIJ LE #1 CLAIM SECTION, P. O. BOX
23999 L'ENFANT PLAZA STATION, WASHINGTON, D. C. 20026 at or before the unsealing and
and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold
assigned„ transferred and set over, and by these presents do grant, bargain, sell, assign, transfer and set over
onto, the said Betts executers, administrators and assigns, the above stated Mortgage. Together with all the
rights, mmethes, incidents and appurtenances thereunto belonging to in anywise appertaining, and all the
- rigRst,;jj#einterest, estate, property calimoid demand whatsoever of, in and to the same, and the premises,
therein described TOGHETHER with the Bond of Obligation in said Indenture of Mortgage mentioned and
thereby intend to be secured, and the Warrant ofAltomey to confess judgement thereto annexed, and all
moneys due and to grow due thereon.
TO HAVE AND TO HOLD the same unto the said UNITED STATES OF AMERICA heirs, executors,
administrators and assigns, to and their proper use and behoof. Subject to the provision of condition of
redemption in said Indenture of Mortgage contained
WE, do certify that the precise residence of the within names ASSIGNEE in P. O. BOX 23999 UENFANT
PLAZA STATION, WASHINGTON, D. C. 20026.
WITNESS hand and seal this C 43 kday of Gd.( W. ¢ Armo Unarm Two Thousand and One 12 Waypomt Batik Waypoin[ enk/Fonverly Hartis Savings Bank
, l5tzcy L Armsion g, Assist. Sec. Lisa M rsh A. V. P.
- Commgnwealthot'Pennsybomia
County of Dauphin
On This /J day of /P AL 2002, before me appeared Stacy L. Armstrong and Lisa Marsh to me
personally know, who being duly worn, did say that they are the Assistant Secretary and Assistant Vice
President of Waypoint Bank, and that the seal affixed on this instrument is the corporate seal of said
corporation, and that said instrument was acknowledged as being signed and sealed as the free act of said
a
ND POR "f1-I?COLINTY
j NdAWSOM t 1
"Mia E ta"' Natty W1c
EXPIRES: m7k:,., VAL" 0=11y
A4yCUtrrddar Etaw.v Uat. t7, 1f1g6
W rea. m aaueiNr a wra..
I do hereby certify that the precise residence is 1 Cedar Cliff Dr. Camp Hill, Pa. 17011ti c
Assignment of M gag@ Between Waypoint Banlc And HUD .,n m ri :a
m rn r, o
m S p Lu
WuBank/F true Ha isSSavings Bank F...r -7 =`r
I Certify this to be recorded "
'rann;a Qnercm In Cumberland County PA
p 2 m
W -C D it
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BODY 684 PA0686 Recorder of Deeds
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HUD Case No.: 70631-0043270
Loan No.: 1051005820
REASSIGNMENT OF MORTGAGE/DEED OF TRUST/JUDGMENT
KNOW ALL MEN BY THESE PRESENTS:
That a certain Instrument was executed by, James H. Turban, 1 Cedar Cliff Dr.,
Camp Hill, PA 17011, to Waypoint Bank formerly known as First Federal Savings and
Loan Assoc. on May 24, 2000, in the amount of $25,000.00.
WHEREAS, said Instrument was recorded on November 7, 2000, in the Office of
the Recorder for the County of Cumberland, State of Pennsylvania in Mortgage Book
Volume 659 Page 606-607.
WHEREAS, said Instrument was assigned to the United States of America
pursuant to the provisions of Title 1 of the National Housing Act, as amended, by an
Assignment, which was filed for record on February 15, 2002, in Record Book Volume
684 Page 3686 and as described below:
See attached Legal Description Exhibit "A".
NOW THEREFORE, the aforesaid Instrument is hereby reassigned, or transferred
to Waypoint Batik F/K/A First Federal Savings and Loan Assoc., without recourse or
warranty, expressed or implied.
WITNESS, my hand and seal of the United States Department of Housing and
Urban Development this 22nd day of April, 2003.
THE UNITED STATES OF AMERICA
ELEANOR L BULSON
Notary Public, State of New `Pork
No. 01BU0070109
Qualified In Albany County
commission Expires 2/19/2 O oic,
w1wess
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?Lms3Arroyo
BY: The Secretary of Housing and Urban Development
Acting by and through the A/ssistant ecretary for Housing
BY: _ lit- -C,i._ l LU ?/ V
tL STER J. WEST, DIRECTOR
AN'A?I?P}IV`1TI(NS CENTER
cd
1?21t1??t1?n(TC:ounty PA
STATE OF NEW YORK <> COUNTY OF ALBANY' ' . ,_'_ ?' TIaPdS
On this 22nd day of April, 2003, before me personally came Lester J. West, who is
DIRECTOR, FINANCIAL OPERATIONS CENTER, HUD Albany Office, Authorized
Agent of the Secretary of Housing and Urban Development, acting on behalf of the United
States of America, and who executed the foregoing Instrument as the Authorized Agent of
the Secretary of Housing and Urban Development, and acknowledged the same.
under the supervision of..
Notary Public This Instrument waas'prepared
BUUN 6)JG PALE, Hans Christensen
Chief, Claims Branch
cxti???+ D
'SSelerdSE.eQAI
Customer Name: Turban, James H.
To be attached to report number 802774
EXHIBIT "A"
Legal Description:
ALL THAT CERTAIN parcels of ground situate in Lower Allen Township,
Cumberland Courlty, Pennsylvania, more particularly bounded and described as
follows, to wit;
BEGINNING at a point atthe southwest corner of other property which the
Grantor owns, said point being South 16 degrees 21 minutes 28 seconds West, a
distance of 40 feet; thence South 63 degrees 30 minutes East, a distance of
119.73 feet; thence South 27 degrees 14 minutes East, a distance of 128.32 feet
from the intersection of the eastern right-of-way line of Creek Road and the
southern right-of=way line of Cedar Cliff Drive; thence North 62 degrees 46
minutes East, a distance of 75.0 feet to a point on line of land now or formerly of
Bliss; thence along said land and other land now or formerly of Hart, South 27
degrees 14 minutes East a distance of 146.54 feet to a stake on line of land now
or formerly of Richard Barlup; thence South 58 degrees 46 minutes West, a
distance of 141.411 feet to a stake at corner of land of Eberly Mills Church of God;
thence North 22 degrees 56 minutes West, a distance of 165.58 feet to a stake on
line of land now or formerly of Martha E. Mowery and being Lot No. 3 on the
hereinafter mentioned plan of lots; thence along Lot 3, North 67 degrees 27
minutes East, a distance of 53.56 feet to a point on other lands of Mary L. Baer;
thence South 27 degrees 14 minutes East, a distance of 8.32 feet to a point, the
place of BEGINNING.
BEING Lot No. 3-A on the plan of lots prepared by Edward F. Sanders, R.S., dated
August 20, 1975, which plan is recorded in Plan Book 27, Page 27, Cumberland
County records.
LOT #1
BEGINNING at an iron pipe in the Southerly Right-of-way line of Cedar Cliff Drive,
which point is South 75 degrees 52 minutes West, a distance of 100.86 feet from a
stake located on the Southerly right-of-way line of said Cedar Cliff Drive at its
point of intersection with Creek Road; thence South 27 degrees 14 minutes East,
a distance of 102.65 feet to an iron pipe; thence South 62 degrees 46 minutes
West, a distance of 55 feet; thence South 27 degrees 14 minutes East, a distance
of 120 feet; thence North 62 degrees 46 minutes East, a distance of 75a feet to a
point at intersection of land now or formerly of William N. Bliss; thence by land
now or formerly of William N. Bliss North 27 degrees 14 minutes West, a distance
of 218 feet to a stake in the Southerly right-of-way line of Cedar Cliff Drive; thence
This Legal was Generated by the BSI RemoteAccess Notes Server en 0811612000 at 01:40:11 PM.
FacE3:shb
BOOK 696
bd/16 Pd0 13:40:08 Data Search S7-> 7172326666 RightFAX Page 004
by the Southerly right-of-way line of said Cedar Cliff Drive, South 75 degrees S2
minutes West, a distance of 20.53 feet to an iron pipe, the place of BEGINNING.
BEING Lot No. 1 on a Plan of Lots of Cora E. Hart, dated September 13, 1965 by D.
P. Raffensperger, Registered Surveyor, recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, and subject to rights-of-way
as shown on said Plan of Lots.
PARCEL NO, 13-24-0805-096
K'JK b96 PACE;33o9
This Legal was Generated by the OSI RennoleAccess Noles Server on 081162000 at DI:40:11 PM.
"IF Wa pp nt
April 6, 2004
ACT 91 S 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 about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (ITEMAP) may be able to help to
save vour home. This notice explains how the program works.
To see if HEM-AP 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 Agencv.
The name, address and phone number of Consumer Credit Counselina A¢encies
serving vour Count'.' are, listed at the end of this Notice. If von have anv questions, von may
call the Pennsvivania Housing Finance AQeucv 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 SUMA IMPORTANCIA, PUES AFECTA SET
DERECHO A CONTINUAR WNIIENDO 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
NUMI:RO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PAR.A UN PREST.AMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CU.AL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER-ECHO A
REDINI R SU HIPOTECA.
P.O. BOX Ili i, HARRISBURG. PENNSYCJANIA MOS-1711
Toll FrEE I-866-WAYPOINT (k-866-929-7646) - IN YORK AREA 717/815-4SOO www.waypointbank.com
ROMEOWNER'S NAME (S): _James H Turban
PROPERTY ADDRE>S: _1 Cedar Cliff Dr, Camp Hill. PA 17011
MAILING ADDRESS: _1 Cedar Clitl' Dr, Camp Hill, PA 17011
LOAN ACCT. NO.: 1051005520
ORIGINAL LENDER.: _Wavpoint Bank
CURRENT LENDER/SERVICER: Wavpoint Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAFE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1953 (THE `:ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE
• IF YOUR DEFAULT FLAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU gAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOLrR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
TEA11PORAWN STAY OF FORECLOSURE---Tinder the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed
at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30)
DAPS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated
consumer credit counseling agencies for the county in which the property is located are set forth at the end
of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of
yourintentions.
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 anc are unable to resolve this problem with the lender, you have the right to apply
for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you
must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one
of the designated consumer credit counseling agencies listed at the end of this Notice. Onlv consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST lie filed or postmarked
within thir tv (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available fiords for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application- During
that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set
forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT Brim it up to date).
NATURE OF THE DEFAULT---The MORTGAGE debt held'by the above lender on -your propertti-
located at: _ 1 Cedar Cliff Dr. Camp Hill, PA 17011
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amou-.Zts are now past due: Payments ofS289.S7 due each for the months of
July, August, September, October, November, December 2003, January. February and March
2004. _
B. Other charges: Late Charges:
TOTAL AMOUNT PAST DUE: S20SMD
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION:
HOW TO CURE THE DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
S1608.83 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check,
certified check or monev order made navable and sent to:
Wavpoint 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 of this Notice.. the lender intends to exercise its rights to accelerate the mortgage debt. This
means that the entire outstanding balance of this debt will be considered due irrunediately and you may lose
the chance to pay the mortgage in monthly installments. If full payrnent of the total amount past due is not
made within TI-Ili' t'1 (30) DAYS- the lender also intends to instruct its attorneys to start legal acton to
foreclose upon vour mort(a?ed property.
IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged properly will be sold by the Sheriff
to pay otl't'he mortgage debt. If the lender refers your case to its attontevs, but you cure the delinquency
before the lender begins legal proceedings against you_ you will still be required to pay the reasonable
alto ney's fees that were actually incur-td- 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. Am attorney's fees will be added to the amount you owe the lender. which may also include other
reasonable costs. 11' you cure the default within the THIRTY (30) DAY period. you will not be
required to pav attornev's fees.
OTHER LENDER REMEDIES---The lender may also sue you personally for the unpaid principal balance
and all other sums due tinder the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at am time up to one hour before the Sheriff s sale. You nnav do so by
paving the total amount then past due. plus an` late or other charees then due. reasonable attorney `s fees and
costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified
in Nvridns by the lender and by perfornvne am, other requirements under the morteaee. Curing vour
default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SL ERIFF'S SALE DATE---It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged proper could- be held would be approximately four months from the
date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of
course, the amount needed tc 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: Wavpoint Bank
Address: 449 Eisenhower Blvd.. Harrisburg, PA 17111
Phone Number: (717) 909-2790 or 1-866-929-7646 ext. 2790
Fax Number: (717) 909-2780
Contact Person: Taunia Quercia
EFFECT OF SHERIFF'S SALE---You should realize that a Sheriff s Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the 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 transferee who will assume the mortgage debt, provided that all the outstanding
payments. charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO RAVE THE RICHT:
• TO SELL THE PROPERTYTO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TFLAN THREE TIMES IN
ANY CALENDAR PEAR. )
• 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 HAKE TO SUCH
ACTION BY THE LENDER.
.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LA'
Very tnily yours.
Taunia Quercia
Collection Counselor
TQinelc
If funds are received and negotiated in less than
the total amount due including legal fees and
costs; Waypoint Bank resenTes the right to
+ +1,n --,,,^ As fn,Tn„ and o(o-ii-l TltlG IA"ii'?'l
GLLL111 ?11G U_111,L LlJ JVU it
l
1
proceedings pending receipt of the total amount
due.
aUR V
BAN K
CUMBERLAND COUNTY
CREDIT COUNSELING AGENCIES
CCCS of Western Pennsylvania, Inc
2000 Linglestown Road
Harrisburg, PA 17102
1-888-511-2227
FAX (717) 541-4670
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Financial Counseling Services of Franklin
31 West 3r6 Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, Pa 17104
(717) 232-9757
FAX (717) 234-2227
P.O. Box 1711. HARRISBURG. PENNSYLVANIA 17105-1711
-,.u cam,-- t_OCC_?N nvo Hoar /l_RGC_4?4_7 GdGl Im YnPw APPa 717/Rh-4tinn - Ww /Waunninthank.com
IrJF Waypoint
BANK
April 6, 2004
The subscriber below of the U. S. Post Office located at 5120 Derry Street, Harrisburg, PA
17111, does hereby cert fy that an envelope was mailed with postage prepaid by First Class Mail
from the Waypoint Bank addressed to James H Turban, I Cedar Cliff Dr, Camp Hill, PA 17011,
properly deposited U. S. Mail for delivery this 6`r' day of April, 2004.
U. S. Post Office
By:
5120 Derry Street
Harrisburg, PA
/A P.O. BOX 1711, HARRISBURG. PENNSYLVANIA 17IOS-1711
\ 1IV/ Toll Free I-B66-WAYPOINT (I-B66-929-7646) - IN YORK AREA 717/815-4500 • www.waypointbank.com
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-03057 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WAYPOINT BANK ET AL
VS
TURBAN JAMES H ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
ZEHRING VALERIE L
unable to locate Her in his bailiwick
COMPLAINT - MORT FORE ,
but was
He therefore returns the
NOT FOUND , as to
the within named DEFENDANT
1 CEDAR CLIFF DRIVE
CAMP HILL, PA 17011
, ZEHRING VALERIE L
PER TURBAN, ZEHRING LIVES IN DILLSBURG.
THERE IS NO FORWARDING ADDRESS ON FILE AT POST OFFICE.
Sheriff's Costs: So answers:
Docketing 6.00
Service .00
Not
Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
21.00 WAYPOINT BANK
07/19/2004
Sworn and subscribed to before me
this ;I day of
crv? A. D.
u?
Pr thionotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03057 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK ET AL
VS
TURBAN JAMES H ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TURBAN JAMES H the
DEFENDANT at 2050:00 HOURS, on the 14th day of July , 2004
at 1 CEDAR CLIFF DRIVE
CAMP HILL, PA 17011
by handing to
JAMES H TURBAN
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.10
Affidavit .00
Surcharge 10.00
.00
39.10
Sworn and Subscribed to before
me this a71Af day of
N 2?Q11"U `I A. D.
P Not hono wry
So Answer/s:
R. Thomas Kline
07/19/2004
WAYPOINT BANK
By:
!vim
Deputy S&feriff
Curtis R. Long
Prothonotary
office of the protbionotarr
(rumberlanb CauntP
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTELINNOT OVE F - THE INTENTION TO PROCEED AND RECEIVING NO RESPONSE
CASE IS HEREBY TERMINATED WITH pRENDICE IN ACCORDANCE WITH PA
R. C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573