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HomeMy WebLinkAbout01-1626 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearancE: personally or by attorney and filing in writing with the court your defenses or objection.,; to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Mortgage 4. On or about October 19, 1993, Defendants made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on October 27, 1993 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1173, Page 432. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 5. There have been no assignments of said Mortgage. Default 6. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from September 1, 2000 through the date of filing this Complaint as required by the terms of the Mortgage. Any payments that may have been made durring this period were applied to the delinquency balance due and owing prior to September 1, 2000. 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 Interest from 9/1/00 to 2/16/01 (inclusive) at $8.2301 per diem .......... Late Charges from 9/1/00 to 2/16/01 (inclusive) at $31.28 per month ............ $ 185.44 Escrow Deficit ........................ $ 435.64 Homeowner's Insurance (due 7/21/01) ...... $ 910.00 Taxes (due4/30/01) $ 232.99 Taxes (due 8/1/01). $ 820.14 ttorneys Comm ss~on 5% ............. $ 2,359.47 $47,189.42 $ 1,405.81 TOTAL AMOUNT DUE $53,538.91 Compliance with Homeowners' Emergency Assistance Act 9. The Temporary Stay as provided by the Horneowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: ACCOUNT ~: 100053990 TOGETHER W~TH all the improvements now or hereafter erected'on the: l~roperty, and easements, appurtehances, , all ' and fb'tures now or hereafter a part of the property. All replacements and addilions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TI'tiS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as fol5lows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b' yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood msurance premiums, ff any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, th accordance with the provisions of paragraph 8, in lieu of the paymont of mortgage insurance premiums. These items are called scrow Items. Lender may, at any time. collect and hold Funds in an mount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Esutte Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 etseq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount~ Lender may estimate the amount of Funds due on the basis of current dam and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) o~ in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual ancounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are Itledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender )nay so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the: deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of al/sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by .Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines and impositions araibutable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid irt that manner, Borrower shall pay them on time directly to die person owed payment. Borrower shall promptly furnish to iLender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opininn operate to prevent the enforcement of the lien; or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the hen to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument. Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and ITEM 1950L2 (9211) Form 3039 9/90 (page 2 of 6 pages) 00 1.173 i' a 43,3 ACCOUNT #: ]00053990 for the periods that'Lender requires. The insurance carrier providing tte insuran'ce shall be chosen by orrower subject to , B ' Lender's approval which shall not be unreasonably withheld. If Borrower l[ails to malnmm coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shalJ[ include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance procecds shall be applied to restoration or repair of the Property damaged, ff the restoration or repair is economically feasible and Lender's security is not lessened. If the restorataon or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to arty insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be uureasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's conu'ol. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or curnmit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instxument or Lender security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the acuon or proceeding to be dismissed with a ruling that, in Lender's good faith determinalion, precludes forfeiture of the Borrower's interest in the Property or other material impaknnent of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default ff Borrower, during the loan ~tpplieation process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with 'all the provisions of the lease. If Borrower acquires fee tire to the Property, the leasehold and the fee tire shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument~ Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesimg payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequenUal, in connection with rTEM lgSOL~ Form 3039 9/90 (page 3 of 6 pages) ao 1173 434, roo,,,e,o,,,: 1-800-530-9393 ~FAX 815-7811131 ACCOUNT #: 100053990 any condemnation or other taking of any part of the Property, or fol conw;y~nce in lieu of condemnation, are hereby , assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied m the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a pamal taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shal/be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by th~s ~,ecunty Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower c,r Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obhgated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Secnrity Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Insttument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be gove, med by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions oY this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all ur any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immedi~ate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Insnmment discontinued at any time prior to the earlier of: (a) 5 days (or such other period as ITEM 1950L4 (9211) Fol'm 3039 9/90 (page 4 of 6 pages) ACCOUNT #: 100053990 applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained 'in this · Securi~ Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this SeemiW I · nstmment, Lend.r s rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as ff no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragrsph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, cl~dm, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and .any Hazardous Substance or Environmental Law of which Borrower has actual knowledge~ If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance al'feeting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmantal Law. As used in this paragraph ..... 20, Hazardous Substances are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit uf any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire tire to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to lime under the Note. ITEM 1950L5 19211) Form 3039 9/90 (page 5 of 6 pagesJ Great Lakes Business Forms, Inc ~ To order Call: 1-888-530-8393 ~ FAX 816-781-1131 1173 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this S~curity Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Inslxument as if the rider(s) were a part of this Security Insa-ument. [Check applicable box(es)] ~ Adjustable Rate Rider Graduated Payment Rider Balloon Rider Condominium Rider Planned Unit Development Rider Rate Improvement Rider Other(s) [specify] RIDER TO PARAGRAPH 18 AND ADDENDUM! 1-4 Family Rider Biweekly Payment Rider Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through 6 of this Security Insa-ument and in any rider(s) executed by Borrower and recorded with it. ) MATTHEW ~OSTELAC -t~o.ow~r LAWRENCE L KOSTELAC SR -l~o,~o,..r (Seal) (Se~) COMMONWv~ALTH OF PENNSYLVANIA, CUMBERLAND Onthis, the 19TH dayof OCTOBER, 1993 ,beforeme, the undersigned officer, personally appeared MATTHEW d KOSTELAC and LAWRENCE L KOSTELAC SR known to me (or salisfactorily proven) to be the person S whose name S ar e subscribed to the within instalment and acknowledged that they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: , ,,~ ~, ,, ,) ~ ~ ~ : NOTAI~IAL SEAL J t ~,'~'u~rct~,.~ .. .. - ~arrisbur~, Oa~. : .. Co~'nt~, PA j ...... '~ ~ Commi ssion Expires August 29 19~4[ '¢id~ of ~c~r CERTIFICATE OF RESIDENCE 1, , do hereby certify that the correct address of the within named lender is 101 S. 17401 Witaess my hand this/~'-- ~day of ITEM 1950L6 (9211) GEORGE STREET, YORK, PA / Agent of Lender ACCOUNT #: 10¢53990 Form 3039 9]90(pag$6of6pag~s) Gre., Lakes Bus,n ss Forms. Inc = To Order CalJ: 1-800-530-9393 ~ FAX 616-791-1131 TRACT Ifu'~,Z, r~ow OT" 'FOT'mer].v o'f the l"ie:i.T'S of' Gordon l_.eon~rd~, deceesed~. · '.:hence NoT. t,h 83 ,':ie,;Jrees E~:sC, :l.:i. oerehes '~',o ~:. post.; ther~ee bu ].~nd now or formerly o'F ,JE:cob Shi~nk~, South 39 degrees E~s~ ~2 ~,erches; 'i:,henee South 2! ~nd !/2 degrees E.~st.~ 23 perc. hes;, 'thence South 6/ degrees Nest, i9 p, erches[, t. hence North 2B deg'r, ees Nest~, 57 pe~'ches 'to 'the place (:fl' EiEGZNNZNG. CON'¥'AZNZN!;~': ;::,*"~'es ........ and '~9'::;~.... ;,erci~es,. more of iess, TRACT iii:EG'_[NN]:Nr~ ;.~.i.. ~ ;~oir~t (:ir', the '.z:.ou'therr~ ~i:i. de [)f' a~:n e>::is'l:ir'r~ :i. 6 ~'oof w .,. ,J ,~ p f'eet, f'Pc:,m t. he cent. er iine o'f' Deer L.~,ne ~*s the sa~me :Ls :Lntersect. ed ~. ' /~l~e~ thence ~long the Sou~:.heT'r'~ ].ir~e of' !~a~:i.d ;:,rivE~te ]a~r~e~ which i~il"~e e>::i.s'lLs on !iBr]d r'~ow OT" 'fo[~meriv O't" M~V E~ MeCi~h~n~ North 67 degrees Ei~:st.~, 200 'f"ee~ the ~:,:iec'e c,'f BEZN',.]; the s~H~:e premises which dohr~ d+ Dim'fer:i.o by Deed d~'ted November. i7, ].987 ._:md recorded :~.r, Comber].a'.r,d County, in Oeed E:c, ok "i::'.", Volume B3 page 226 conveve0 L~n'i:,O !_aw'i~enee L t-(os'~,e].[~c~, Sr~. al: n d H al: ':,:. 't h e w d ~ K o s '!', e ! ~; c 0 RIDER TO PARAGRAPH 18 I/We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, executed by me/us this 19TH day of OCTOBER, 19@3, shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage/Deed of Trust. The term "reasonable attorney's fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5 %) of the principal due at the time of foreclosure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. (SEAL) .(SEAL) .(SEAL) for the recording of De~'~ NOTE OCTOBER 19 ,t9 93 HARRISBURG , PENNSYLVANIA ICily] [Stmte) 20 DEER LANE, CARLISLE, PENNSYLVANIA 17013 1. BORROIVER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$ 71250.00 (this amount is called "principal"), plus intereat, totheorderoftheLender. The Lender is YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, lO1 S. GEORGE STREET, YORK, PA 17401 , lunderstend that the Lender may mmsfer thi~ Nom. The Lender or anyone who takes tl~ Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal unal the full amount of principal has been paid. I will pay interest at a yearly rate of 6.625 %. The interest rate required by this Section 2 is the rate I will pay both before ;md after any default described in Section 6(B) of this Note. 3. pAY3,4ENTS (A) Time and Place of Payments 1 will pay principal and interest by making payments ever/month. l will make my monthly payments on the 1ST dayofeachmonthbeginningon DECEMBER 1ST 1993 . ~willmaketimsepaymentseverym~nthuati~~havepaIdall~ftheprin~ipalandinterestandany~thercdarges described below that I may owe under this Note. My monthly payments will he apphed to interest before principal. If, on NOVEMBER 1 2008 , I still owe amounts under this Note, 1 will pay those amounts in full on that dam, which is called the "maturity date," (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S.$ 625.57 4. BORROWER'S RIGHT TO PREPAY I have the fight to make payments of principal at any time before they m'e due. A payment of principal only is known as a "prepayment" When I make a prepayment, I will roll the Note Holder ia writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments m reduce the amount of principal that I owe unde~ t~ds Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my month][y paym*nt unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connecimn with this loan exceexl the permitted limits, then: (i) any already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. ff a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of F I FTEEN (15) calendar days after the date it is due, IwillpayaintechargetotboNoteHolder. Theamountofthechargewillbe 5.000 %of my overdue payment of principal and interest. I wRl pay this late charge promptly but oaly once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will sfilI have the right to do so ff I am in default at a inter tirae. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as desc~Sbed above, the Note Holder will have thc right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable address.  "By initialing, the Borrower(s) acknowlexlge(s) //~'n~l laitial~ of the M'ultistate Fised Rate Note." ACCOUNT NO: 10005399 MULTISTATE FIXED RATE NOTE - Single Family - FNMA/FHLMC UN~FORM INSTRUMENT Form 3200 12183 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to k~p all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these o bligalions, including the obligations of a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its fights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obiigations under this Note waive the rights of pre~enlment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (th¢~ "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might ~sult if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what eondillons ! may be required to make immediate payment in full of all amounts I owe under this Note. Some of those coodifions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If afl or any pan of the Property or any interest in it is sold or transferred (or ff a beneficial interest in Borrower is sold or Ii'an s fen'ed and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instamment` l~inwever, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of dlls Sectuity instalment` If Lentier exercises Ih. is option, Lender shall give Borrower notice of accelerallon. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrow~:r fails to pay these sums prior to the expiralion of this period, Lender may invoke any remedies permitted by this Security Instrament without further notice or demand on Borrower. WITNESS THE F~uND(S) AND SEAL(S) OF THE UNDERSIGNED. MATTHEW J K~TELAC (Seal) (Seal) [Sign Original Only] y n uallng, the Borrower(s) ackno,~, edge(s) that this page is page 2 of 2 Initials Inillals of the Muinstate Fixed Rate Note." /~ ~' i'r?( 3 Waup ip t LOOK FOR US. W~'LL G~T YOU THOR6. December 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is :in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pa~oes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (ItEMAP) may be able to help to save your home. This notice explains how the pro,ram works To see if HEMAP can help~ you must MEET WITH A CONSI_rlVIER CREDIT COUNSELINC AGENCY WITHIN 30 DAYS OF TI-IE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselino~ Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions~ you may call the Pennsylvania Housing Finance A~encv toll free at 1.-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If yott have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UlNA TRADUCCION INNEDITANIENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NlkWHERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA ]?ERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. RO. Box 171 [, HARRISBURG. PENNSYLVANIA 171015-1711 TOIl FrEe I-[166-WAYPOINT (I-86G-929-7G46) · www.waypointbank.com HOMt;OWNER'S NAME(S): _Matthew J. Kostelic_ PROPERTY ADDRESS: MAILING ADDRESS: LOAN ACCT. NO.: ORI GLNAL LENDER: _20 Deer Lane, Carlisle, PA J7013 _20 Deer Lane, Carlisle, PA 17013 _9800053990_ _ York Federal Savings & Loan Association CURRENT LENDER/SERVICER: Waypoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WI-[ICH CAN SAVE YOUR HOME FROM FORECLOSURE AND IqEI .p YOU MAKE FUTtERE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TILE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CII/CUWISTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEIENG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISltED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TillS MEETING MUST OCCUR WITtHN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI ,! .ED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desienated consumer credit counseling agencies for the county in which the t3ropertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infom~ation about the nature of vour default.) Il'you have thed and are unable to resolve this problem with the lender, you have the right to aCply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sigm and file a completed Homeowner's Emergency Assistance Program Application with one of the desigmated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the pro.am and they will assist you in submitting a complete appliaation to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU ..MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TIlE OTHER TIM~ PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY A_ND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. GENCY ACTION~--Avadabie funds for emergency mortgage assistance are very limited. The3' will be disbursed by the Agency under the eli,~bility criter/a 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 TIt~ FILING OF A PETITION II~ BANKRUPTCY, THE FOLLOVqlNG PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSKDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If yon have filed bankruptcy yon can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property located at:_20 Deer Lane, Carlisle, PA 17013_IS SERIOUSLY 1N DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ a partial payment of $717.78 for October, a payment of $718.89 for November, and a payment of $794.72 for the month December, 2000 Other charges: $I27 88 - TOTAL AMOUNT PAST DUE:_$2,354.27_ B.YOU HAVE FAILED TO TA¥~E 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 $2,354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THERTY (30) DAY PERiOD. _Payments must be rna~e either by cash, c ' ' certified check or money order made payable and sent to: ashier s check. 449 Eisenhower Boulevard Harrisburg, PA 17111 IF YOU DO NOT CIrcE THE DEFAULT---If you do not cure the default within TH/~TY (30) DAYS of the date of this Notice, the lender intends to exercise its ri~ohts to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the ~nance to pa).' the morrgag: m month]5 installments. If fu pa?m~ent of the total amount past due is not maoe within THIXTY (30) DAYS. the lender also intends to instruct irs attorneys m start, legal act/on to foreclose upon your mortgaged properla,. ~ _IF TIlE MORTGAGE IS FORECLOSED lrPON~-The mortgaged property w/l] be sold by the Sher/ff ro pa), off the mortgage debt. If the lender refers your case to ~rs attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will sift] be required to pa3' the reasonable s that were actually mcun'ed, up to S5~00. However. if ]e.oa proceedings a~e attorney's fe,e stinted against you, you w]h have to pay ail reasonable attorney's fees actually/ncun'e~ by the lender even if they exceed $50.00. Any arton~ey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (31)) DAY period, you will not be required to pay attorney's fees. OTI:fER LENDER REMEDIES---The lender ma_,,, also sue you personally for the unpaid pnncipal balance and all other sums due under the mortgage. ' RIGHT TO CURE TI~ DEFAULT PRIOR TO S ' ' -- HEP, IFF S SAI,I ,.---If you have not cured fl~e default within the TI-IIXTY (30) DAY period and foreclosure proceedings have begun, Zou st/l] have the ri2ht to cure the default and prevent the sale at env time up to one hour before the Sheriffs sale. You mat do so bv pq~.a¥in.ff the total anaount then pas~ due, plus any late or other char~es then due. reasonable attomev's fees and 9osts connected with the foreclosure sate and am, other costs connected with the Sheriff~ Sale as s in wq-itin{ by the lender and b'~ el ' · ,~ , · . peclfied p 'formm_ m~x other reqmrements re:der the mortaa~e. Curing yom' default in the manner set forth in this notice will restore your mortgage to the same position as ii' you had never defaulted. ~ EARLIEST POSSIBLE SHERIFF'S SALE DATE.--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged properly could be held would be approximately ]bur months i¥om the date of this Notice. A notice of the actual date of the Shehffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. Y'ou may fred out at any time exactly what the required paymen1 or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Walqooint Bank 449 Eisenhower Boulevard. Hbo.. PA 171 (7I 7) 909-2786 or 1-800~554-4572 ext. 2786 Fax Number: (717) 90q-2780 Contact Person: Sco~ Dunntire EFFECT OF SHERIFF'S SAI,F---You should realize that a Sher/f~'s Sale will end your ownership of the mortgaged property and your right to occupy It. If you continue to live in the property_ after the SherifFs Sale. a lawsuit to remove you and your furnishings and other be]ongm~,s zould be started by the lender at any time. ' ~ ASSUMPTION OF MORTGAGE--You __may or_~_X may not (CHECI(ONE) sell or transfer your home to a buyer or rrans£eree who w/l] assume ~he mortgage debt. provided that ali the outstanding payments cbarEes and attorney's fees and costs are paid prior to or at the sale and that the other reqmrenaents of the mortgage are sat~s'Eed. Y()U 3iAY ALSO lkixrE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW MONEY FROM .ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CUP, tED BI' ANY TH/ltD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTOPGED TO THE S.4_ME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CUPGE THE DE. FAULT. (HOWEVER. YOU DO NOT HAVE THIS/LIGHT TO CUPx.E YOUR DEFAULT 5/lORE THAN THREE TIMES IN A~V C,z,HLENDAR TO ASSERT TI~IE NONEXISTENCE OF A DEFAULT IN AM1; FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDEPOdL BANKRUPTCY LAW. Respectfully, Scott Dunmire Collections Counselor If ftmds al. ece~x.'ed aha :Degotiated Ji~ ]ess tha~ the total amoum due includii~8 }e~a] fees and costs. Wavpoinl Bank i~s~x ~ lla~ il_lat to retui'l~ the ftmcls to yoti and continue witi~ ]ega] p]-oceedi]~Ss pe]~din~ ]'sceJpl of tine total amount due. LOOK FOR US. WE'LL GET YOU TH(ERE. December/5, 2000 The subscriber below of the ~ S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certify that an envelope was mailed with postage repaid by First Class Mail from the Waypoint Bank, addressed Matthew d Kostelic, 20 Deer Lane, Carlisle, PA 17013 properly deposited in the ~ S. Mail for delivery this 15th clay of December, 2000. U. S. Post Qffice Harrisburg, PA P.O. Box 1711. HARRISBURG, P(~NN~YLVAN/A 17105-1711 Toll Free I-E]GG-WAYPOINT (I-13G6-gE~9-TG4~) . w~vw.waypointbank.com LOOK FOR US. YVE'LL 6ET YOU THERE. Decernber 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is itu 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 (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help~ you must MEET WITH A CONSI/rMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THI~ DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Aeenc¥. The name~ address and phone number of Consumer' Credit Counseling A~encies serving your County are listed at the end of this Notice. If yon have any questions~ you may call the Pennsylvania Housing Finance Agency toll free at 1--800~342-2397. (Persons with impaired hearin~o can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Ageucy may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DEILECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTEN1DO DE ESTA NOTIFICACION OBTENGA UNA TRADUCC1ON INNEDITAMENTE LLAMANDO ESTA AGENCIA ('PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU I-HPOTECA. RO. Box 1711. HARRISBURG. PENNSYLVANIA 17105-171I Toll Free 1-866-WAYPOINT (1-866-9P9-7646) · WVVW.Wagpointbanlccom ItOMlgOWNER'S NAME(S): _Lawrence L Kostelic, Sr._ PROPERTY ADDRESS: MAILING ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: _ 20 Deer Lane, Carlisle, PA ] 70]3 _20 Deer Lane, Carlisle, PA 17013 _9800053990_ _ York Federal Savings & Loan Association CURRENT LENDERJSERVICER: Wavpoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSI,>TANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND I-hELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE I~[OMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE LTP TO DATE. THE PART OF THIS NOTICE CAI .1 .RD "HOW TO CURF. OUR MORTGAGE DEFAULT . EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counselthg 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 artd telephone numbers of designated consumer credit counseling agencies for the county in which the properh7 is located are set forth at the end of this Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeov~er'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 o£the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU M-IJST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR It YOU DO NOT FOLLOW TIlE OTItER TIME PERIODS SET FORTH IN TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. The), will be disbursed by the Agency under the eli~bility criteria established by the Act. T1~e Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it recmves 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 vour application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TI-I~ FILING OF A PETITION IN BANKRUPTCY, TH]~; FOLLOWING PART OF THIS NOT]CE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankrnptcy yon can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property located at:_20 Deer Lane, Carlisle, PA 17013_IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ a partial payment of $717.78 for October, a payment of $718.89 for November, and a payment of $794.72 for the month December, 2000 Other charges:_$122.88_ - TOTAL AMOUNT PAST DUE:_$2,354.27_ B.YO'U HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE TI]~ DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING TI-.UE TOTAL AMOUNT PAST DUE TO TI-IE LENDER, WHICH IS $2,354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CI-DkRGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PER/OD. Payments must be made either by cash, cashmr's check certified check or money order made ~aavable and sent to: Wa, point Bank 449 Eisenhower Boulevard Harrisburg. PA t7111 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 ri~ohts to aceelerate the mortgage debt. This means that the entire outstanding balance o£ this debt will be considered due immediately and you ma), lose the chance to pay the mortgage m monthly installments. If full payment ~)f the total amount nasr due ~s not made within THIXTY (30) DAYS. the lender also intends to instruct 1ts attorneys to start iegal action to foreclose upon your mort~a~oed propers'. ' IF TIlE MORTGAGE IS FORECLOSED UPON--The mortgaged 'orovercv will be sold by the SheriE to pay off the mortgage debt. If the lender refers your case to/rs attorneys, but you cure the delinquency before tile lender b%mns legal proceedings against vou. you will still bl required to pay the reasonable attorney's fees that were actually mcut~red, up to 250'.00.' ~towever. if le,oa] proceedings are stack:ed against yon. you will have ro pay all reasonable artonlev's fees acruallv thcun'e~ by the lender even if they exceed $50.00. Any atton~ey's fees will be added ~o th~ anlounr you owe tine lender, which may also include other reasonable costs. If yon cure the default within the THIRTY (30) DAY period, you will not be reauired to pay attorney's fees. OTI-~R LENnDER ]REMEDIES---The lender may also sue you personally for the unpaid pnncipal balance and all other sums due under the mortgage. ~ RIGHT TO CURE Till[ DEFAULT PR/OR TO SFfERIFF'S SAi,F.--If you have not cured the default within the TI-IIiRTY (30) DAY period and foreclosure proceedings have begun, Ygu st/l] ]lave the right to cure the default and prevent the sale at any time up to one hour before the SherifCs sale. You may do so by ¢avm~ the total amount then past due, plus any late or other charges th~ i~ue. reasonable attorney's fees costs connectad with the foreclosure sale and an',, other costs connected w/th the Sheriff's Sale as specified m wrthmz by the lender and by perfomain~ any other requirements urder the mortgage. Cnring your default in the manner set tbrth in this notice will restore yom' mortgage to the same position as il' yon had never defaulted. EARLIEST POSSIBLE SI-[ER/EF'S SALE DATE---It is estimated that the earl/est date that such a Sheriff's Sale of the mortgaged property could be held would be approximately fanr months from the date of this Notice. A notice o£the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fred out at any dine exactly what the required payment or action will be by contracting the lender. BOW TO CONTACT TIlE LENDER: Name of Lender: Address: Wa~omt Bank 449 Eisenhower Boulevard. Hbo_.. PA 171 l 1 Pl~one Nmnber: Fax Number: Contact Person: (717 / 909-2786 or 1-800-554~572 ext. 2786 (717) 909-2780 Scott Duran~r~ EFFECT OF SI~RIFF'S SAI ,F---You should realize that a Shenf£s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in tile property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other be]onginas could be started by the lender at any time. ASSUMPTION OF MORTGAGE---You _ may or X nmy not (CHECK ONE) sell or transfer your home ro a buyer or =ansferee who will assume the n~ortga~e debt. provided 1hat all the outstanding, payments, charges and atton2ey's fees and costs are prod prior to or at the sale and that the otber requirements of the mortgage are satisfied. YOU MAY ALSO HAYT THE RIGHT: TO SELL THB PROPERTY TO OBTAIN' MON2Y TO PAY OFF TI-LB MORTGAGE DEBT OR TO BOROVv' MON'SY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURLED BI' _&hr¥ THIPG) PARTY ACTING ON i'OUT. BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CUP, lC THE DEFAULT. (HOWEVER. YOU DO NOT I-LqVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANrY C~ENDAR ItAA) TO ASSERT THE NONEXISTENCE OF A DEFA%rLT IRT ANT FORECLOSURE PROCEEDING OR Al,il' OTHER LAWSUIT INSTITUFED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANI{P, UPTCY LAW. Respectfully, Scott Dunmire Collections Counselor costs. V~],,poim Ba~.]l< reserves tl]e riBhI to ]'emrn the ftmds )sg~q] proceedil]gs psn(Jing receipt o/'the total amounl due LOOK FOR US. WE'LL GET YOU TH~_=RE. December )5, 2000 The subscriber below of the U. S. Post Office located at ,the Federal Building, 228 Wcdnut Street, Harrisburg, PA, does hereby certify that an envelope was mailed with postage repaid by First Class Mail from the Waypoint Bank, addressed Lawrence L. Kostelic, Sr., 20 Deer Lane, Carlisle, PA 17013 properly deposited in the [/S. Mail for delivery this lift' day of December, 2000. U. S. Post Qffice By: Harrisburg, PA RO. Box 171 I, HARRISBURG, PENNSYLVANIA 17105-1711 Toll Fr~6 |-8GG-WAYPOINT (I-SGG-929-TG4G) - www. wagpointbank.¢om VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am the Default Coordinator of Waypoint Bank, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. WAYPOINT BANK Dated: Stacy Armstrbng Default Coordinator SHERIFF'S RETURN - CASE NO: 2001-01626 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND WAYPOINT BANK VS KOSTELAC MATTHEW J ET AL R. Thomas Kline duly sworn according to law, says, that inquiry for the within named defendant, KOSTELAC MATTHEW J unable to COMPLAINT NOTICE locate Him - MORT FORE ,Sheriff or Deputy Sheriff, who being search and he made a diligent DEFENDANT but was He therefore returns the , NOT POUND , as to in his bailiwick. the within named DEFENDANT , KOSTELAC MATTHEW J DEFENDANT NO LONGER RESIDES AT A~DDRESS STATED, RETURN NOT FOUND AS PER BRIDGET 4/17/01. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18 00 3 10 5 00 10 00 00 36 10 So answer~ /~ f_._ = R. Thomas Kline Sheriff of Cumberland County WAYPOINT BA/qK O /lS/2OOl Sworn and subscribed to before me this ~ day of ~__ ~ A.D. ProthOnotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01626 P COMMONWEALTH OF PENNSYLVAJqIA COUNTY OF CUMBERLAND WAYPOINT BANK VS KOSTELAC MATTHEW J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that inquiry for the within named defendant, KOSTELAC LAWRENCE L SR unable to COMPLAINT locate Him - MORT FORE in his bailiwick. NOTICE he made a diligent search and DEFENDANT but was He therefore returns the the within named DEFENDANT , DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, RET NOT FOUND AS PER BRIDGET 4/17/01. , NOT FOUND , as to KOSTELAC LAWRENCE L SR Sheriff,s Costs: Docketing 6.00 Not Found Return 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 So answer~3_ ~-i -'- R. ~homas Kline Sheriff of Cumberland County WAYPOINT BANK 04/18/2001 Sworn and subscribed to before me this ~ %/~3 day of ~ ~ A.D. Prdt~onotary IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. ~/- JC.2G MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty, (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, (30 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 tRUE COPY FROM RECORD m Testimony wl~ereof, I here unto set my bane And the seal of said Court at Carlisle. Pa. rhis_.=~day 01.~,.~_z. ,, E~,~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION--MORTGAGEFORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IINMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECClON ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 170'13 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants COMPLAINT AND NOW, comes Plaintiff Waypoint Bank, f/k/a 'York Federal Savings and Loan Association and Harris Savings Bank ("Waypoint"), by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr., as follows: Parties 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 449 Eisenhower Boulevard, Harrisburg, Pennsylvania 17111. 2. One of the Defendants is Matthew J. Kostelac who is an adult individual residing in the Mortgaged Premises at 20 Deer Lane, Carlisle, Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises, having acquired title by Deed dated May 8, 2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. 3. One of the Defendants is Lawrence L. Kostelac, Sr. who is an adult individual residing in the Mortgaged Premises at 20 Deer Lane, Carlisle, Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises having acquired title by Deed dated May 8, 2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. Mortgage 4. On or about October 19, 1993, Defendants made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on October 27, 1993 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1173, Page 432. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 5. There have been no assignments of said Mortgage. Default 6. Said Mortgage is in default because Defen~dants have failed to make the monthly payments of principal and interest due and ow ng on their loan from September 1, 2000 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 September 1, 2000. 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: $47,189.42 Unpaid Principal Balance ................ Interest from 9/1/00 to 2/16/01 (inclusive) at $8.2301 per diem .......... Late Charges from 9/1/00 to 2/16/01 (inclusive) at $31.28 per month ............ $ 185.44 Escrow Deficit ........................ $ 435.64 Homeowner's Insurance (due 7/21/01) ...... $ 910.00 $ 232.99 Taxes (due 4/30/01) .................... Taxes (due 8/1/01) ..................... $ 820.14 Attorney's Commission 5% ............. $ 2,359.47 $ 1,405.81 TOTAL AMOUNT DUE $53,538.9___~1 ~Compliance with Homeowners' Emergency Assistance Act 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i) Defendants have failed to meet with the Plainitff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit B; or (ii) Defendants' application for assistance has been rejected by the Pennsylvania Housing Finance Agency. Inapplicability of Loan Interest and Protection Law 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, N,o. 6 (41 P.S. § 101 et seq.), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" Within the meaning of said Act. WHEREFORE, Plaintiff Waypoint Bank prays '[or judgment in its favor and against Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr. in the amount of Fifty Three Thousand Five Hundred Thirty Eight and 91/100 Dollars ($53,538.91), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $8.2301 per diem, from 2/17/01, late charges at 5% of the monthly payment amount, currently $31.28 per month from 2/17/01 escrow charges, currently $169.15 per month from 2/17/01, attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. By. Benj~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-171 Phone: (717) 815-4518 I.D. No. 72030 (Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on OCTOBER 19TH, 1993 The mortgagor is MATTHEW d KOSTELAC and LAWRENCE L KOSTELAC SR , AS JOINT TENANTS ("Bc~ow~").ThisSecuri~ Instrumentisgiven m YORK FEDERAL SAVINGS AND LOAN ASSOCIATION whi~isorgan~edande~sdagunderthebwsof THE UNITED STATES 0F AMERICA ,and whoseaddressi~ 101S. GEORGE STREET, YORK, PA 17401 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY AND *************************************** Dollars (U.S, $ 71250.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrament ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2008 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with inlm'est, advanced under paragraph 7 to protect the security of thi~ Security Inmrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described pr*perry located in CUMBERLAND County, Pennsylvania: (SEE ATTACHED LEGAL) which has the address of 20 DEER LANE CARLISLE [Street] ICity] Pennsylvania 17013 ( Property. Address ); [Zip Code] PENNSYLVANIA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 1950L1 (9211) ACCOUNT #: 100053990 Form 3039 9/90 (page J of 6 pages) ACCOUNT #: 100053990 TOGETI--/~R WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fiJ, mres now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Ins~ument. All of the foregoing is referred to in this Security Insu'ament as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against ali claims and demands, subject to any encumbrances of record. TH/S SECURITY INSTRUIV~NT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security insUmment covenng real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: L Payment of Principal and Interest; Prepayment and Late Charges. Borrower shail promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note :is paid in full, a sum ("Funds") for: (a) yearly rexes and assessments which may attsin priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, ff any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 260I et seq. CRESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply die Funds to pay /he Escrow Items. Lender may not charge Borrower for holding and epplying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower te pay a one-lime charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless epplicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shal/[tot be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of [he Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed die amounts permitted to be held hy epphcable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up file deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of al/sums secured by this Security Instrument, Lendar shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior u) the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Appllcafion of Payments. Unless applicable law provides otherwise, all payments received by.Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay ali f~axes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or ff not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts m be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish m Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Sectaity Instrument unless Borrower: (a) agrees in writing m the payment of the obhgation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordthating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvemen[s now existing or hereafter erected on the Properly insured against loss by fire, hazards included within the term "extended coverage" and an), other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and iTEM 1950L2 {g211) Form3039 9/90 (page2of6pag~) 0 ,1173 45,3 ACCOUNT #: 100053990 for the periods that Lender requires. The insurance carrier providing the insm'ance shal/be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lander may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. A. lJ insurance policies and renewals shall be acceptable to Lender and shrill include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance career and Lender. Lender may make proof of loss ff not made promptly by Borrower. Unless Lender and Borrower other, vise agree in wrihng, insurance proceeds shall be applied to restoration or repair of the Property damaged, ff the restoration or repair is economic~y feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Insmnnant, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Insu-ument, whether m not then due. The 30-day period wiB begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulhng from damage to the Property prior to the acquisition shall pass to Lender to the extont of the sums secured by this Security Instmmeet immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the ]Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Insa'ument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise al.n-ecs in wriimg, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control, Borrower shall not deslroy, damage or impair the Property, allow the Property to deteriorate, or ci~mmit waste on the Property. Borrower shall be in default ff any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Ins~ument or Lender security interest. Borrower may cure such a default and reinstate, as prc,vided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default ff Borrower, during the loan application process, gave materially false or inaccurate infbrmation or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to. representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in wriimg. 7. Protection of Lender's Rights in the Property. if Borrower fails t~ perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lander's rights in the Property (such as a proceeding in banlffuptoy, probate, for condemnation or ~offeitnre or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a hen which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of paymant, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice ~om Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Inslrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect, If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any wrfften agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Prnverty. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection'. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequenual, in connection with rTEM 1950L3 (9211) Form 3039 9/90 (page 3 of 6 pages) ACCOUNT #: 100053990 any condemnation or other taking of any part of the Property, or for conveyance in heu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by th/s Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the raking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Bon:ower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiphed by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fak market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fak market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the raking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this ;Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or setfle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 1L Borrower Not Released; Forbearance By Lender Not a Waiver. Eottension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operam to release the liability of the original Borrower ,ar Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original B ' · orrower or Borrower s successors m interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-algm rs. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lende:r and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Insumment; (b) is not personally obligated to pay the sums seem'ed by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums akeady collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principai owed under the Note or by making a direct payment to Borrower. It a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14, Notices. Any notice to Borrower provided for in this Security Ins~ument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another roethod. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severabillty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of ~his Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Insa'ument and the Note are declared to be severable. 16. Borrower's Copy. Bon'ower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a benef cial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require imme&iate payment in full of all sums secured by this Security Instrument. However, this option shalI not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of aeceleration. The notice shall provide a peried of not less than 30 days from the date the notice is delivered or mailed within whigh Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrowcr meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the eazher of: (a) 5 days (or such other period as rTEM 1950L4 (a211} Form3039 9/90 (page4of6page~) ACCOUNT #: 100053990 apphcable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Secur/ty Instrument; or (b) entry of a judgment enforcing this Security Insmm~ent. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as d no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not 1/mired to, reasonable attorneys' fees:; and (d) takes such action as Lender may reasonably require to assure that the hen of this Security Insu'ument~ Lender's rights in the Property and Borrowers obhgation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shalJ remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice tn Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by apphcable law. 20. Hazardous Substances. Borrower sha]l not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything Mfecfing the Property that is in violation of any Environmental Law. The preceding two sen~,nces shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are: generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, clahn, demand, lawsuit or other action by any government, a/ or regulatory agency or private party involving the Property and any Hazardous Substance or Environmen~ Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance a~[fecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmeatal Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as tox/c or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other ~unmable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal taws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower oL among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a defauB or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Insttument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Insa'ument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Sec arity Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judg~nent. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from tinm to time under the Note. Form 3039 9/90(page5of6page.v) ooKt173 43G 27. Riders to this Security Instrument. If one or more riders a~ ~his S,curity Instrument, the covenanm and am-o ~ C executed by Borrower and recorded to~ether with ..... ~.eements or each such rider shall be incorporated into and shall ~nend and supplement the covenants and agreements of this Security Instrument as ff the rider(s) were a part of this Secmity Instrument. [Check applicable box(es)] Adjustable Rate Rider Graduated Payment Rider Condominium Rider Planned Unit Development Rider ~ Ba/loon Rider ~ Rate Improvement Rider ~] Other(s)[specify] RIDER TO PARAGRAPH 18 AND ADDENDUM BY SIGNING BELOW, Borrower accepts and agrees to [he terms and covenants contained in pages Security Instrument and in any rider(s) executed by Borrower and recorded with it. MATTHEW [KOSTELAC I-4 Family Rider Biweekly Payment Rider Second Home Rider I through 6 of this (Se~) ' ' ..... ~- - ' 24 (Se~) -Bo.o~.~ LAWRENCE L KOSTELAC SR -Bo=o~.~ (Seal) -Borrower _(s~) -Borrower CO1VflVION~ALTH OF PENNS YLVAdNiA, CUMBERLAND County ss: Onthis, the 19TH dayof OCTOBER, 1993 ,beforeme, LAWRENCE L KOSTELAC SR theandersigned officer, personally appeared MAITH[W d KOSTELAC and proven) to be the person s whose name s ar e that they executed the same for [he purpose herein contained. IN WITNESS V~-IEREOF, 1 hereunto set my hand and officia/sea/. My Commission e_x. pires: NOTARIAL SEAL ............ ,~u~us_..~ CERTIFICATE OF RESIDENCE I, , do hereby certify that 17401 the correct address of the within named lender is · . ~/~ W~mess my hand this/~C~- '~day of Agent of Lender ITEM 1@50L~ 19211) 4.37 PreD'are.7~ T:'~ ,.:' , ~- known to me (or satisfactorily subscribed to the within insTument and acknowledged 'Titl6 o£ O~f'ficer lO1 S. GEORGE STREET, YORK, PA ACCOUNT ~: 10~53990 how Of' 'f'C,~'l]~ef"~.¥' 0'[' the i-ie:~.~'S ¢'~:' ¢o'rdor'~ i..eor-~sf, d~ d6, ce~sed¢ ~ .-, Q 6, C.~ r 6, e '.-~ ~' ~ L..". :[. p e f'. e h e .-7 '"" F, c:, ~!. t.; c:. h e .~ '(:. o % h e p ~ 8 c e o T' ili', E (;; Z N N 3;: N r2 ~ h E r' ~. ,J /s. ~: h E C, , c. ~.) a' 'Il. w o s! ~,, o T' V ¢ ¥" S m e r.i W E' ]. ]. :}. r'~ ':2 i'i o U ~ '6' .E:: f'~ d ~;;, ;~3 'P r'~ ~. TRACT NO. 2~ E: E B Z i',~ N 7 N [.; .~'~ t ~ -, r, .i r', t. o r'~ 'b h e s o u t h e f" r'~ - ' - o 'P ~: r': r': ,.~ l.= ~ .... ~h:i. ch ~:,oin-( ~..:~ No'rrb 67 de,~'rees Esst.., :L320 '¢e~E,~:. i:'T'C;,I~[ 'the ceFd[:.E,T' lJ.t"~e O'f' [)e6'T" L.e~!-~e ~:?, 'Uhe ssll~e 'i2 :Lr'¢Eersec'!:.ed by %hs ....=.,.,.. 5 ~ePn line o¢ s::wid p,r'L',.'.~te '.Lsr',e¢' thence ~;!on9 the RIDER TO PARAGRAPH 18 I/We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust executed by me/us this 19TH day c,f OCTOBER, 1993, shall be effective n accord with the terms and conditions thereo~I and shall be deemed to be a condition of the Mortgage/Deed of Trust, The term "reasonable attorney's fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5 %) of the principal due at the time of foreclosure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation'"Ft reddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. · ' 'HEW,J~KOSTELAC '--- ~'/ f ........ ~ ~ ~-r.~/~;~,.-'~,~ ~. (SEAL) (SEAL) (SEAL) 1173 138 NOTE OCTOBER 19 , 19 93 HARRISBURG . PENNSYLVANIA )City] Is~at,l 20 DEER LANE, CARLISLE, PENNSYLVANIA 17013 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$ 712 50. O0 (this amount/s c~ed "principai"), pins interest, m the order of the Lender. TheLenderis YORK FEDEP&L SAVINGS AND LOAN ASSOCIATION, 101 S. GEORGE STREET, YORK, PA 17401 . Iunderstand that the Lender may ~mnsfer this Note. The Lender or anyone who rakes this Note by mmsfer ~nd who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid prineipa~ unfiJ the full amount of pfincil:,ai has been paid. I will pay interest at a yearly rate of 6.625 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(3) of this Note. 3. PAYMENTS (Al Time and Place of Payments I will pay principal and thmrest by making payments every month. I wiIl make my monthly paymenm on the 181 flay ofeachmonthbeginningon DECEMBER 1ST 1993 , I will make these payments every month until I have paid all of the pfin,:ipai and interest and any oth~ charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If. on N0VEMB ER 1 2008 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date," (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S.$ 62 5. ~7 known as a "prepayment." When I make a prepayment, I will tell the Note Holder in wrinng that I am doing so. If the Note Holder has not received the full amount of any monthly payment by the end of F I FT EEN ( 16 ) calendar (D) No Waiver By Note Holder of thc h'fuldstate Fixed Rate Note." ACCOUNT NO: 10005399(I MULT1STATE FIXED RATE NOTE - 8inffie Family - FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12185 OBLIGATIONS OF PERSONS UNDER THIS NOTE V~iTNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. MATTHEW J KiFS~TELAC [Sign Original Only] "By initialing, the Borrower(s) acknowledge(s) that this page is page 2 of 2 LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROMFORECLOSURE' This is an official notice that the mort~oa~e on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOV~qER'S MORTGAGE ASSISTANCE PROGRAM .ff-IEMAP) mat, be able to help to save your home. This notice explains how the pro,ram works. To see if It~MAP can help~ you must MEET Wq[TlCl A CONSU1V[ER CREDIT COUNSEIJNG AGENCY Wi'I'HIN 30 DAYS OF 'll-ltZ DATE OF THIS NOTICE. Take this Notice with you whe. you meet with the Counseling A~encv. The name, address and vhone number of Consumer Credit Counselin~ Ao~encies servin~ your CounB, are listed at the end of this Notice. If you have ant, questions, you may call the Pennsylvania Housin~o Finance A~oenev toll free at 1-800-342-2397. (Persons with impaired hearin~ can call (717) 780-1869). This Notice contains important legal information. If yon have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA INIPORTANCIA, PUES AFECTA SU DER,ECHO A CONTINUAR VIVIENI)O EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TIL&DUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVA3NIA HOUSING FINANCE AGENCY) SIN CARGOS AL NLWIERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE I'A1L~ UN PRESTAMO POR EL PROGRAMA LLAMAI)O "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DEILECHO A REDIMIR SU HIPOTECA. RO. BOX [71 I, HARRISI]URG, PENNSYLVANIA I7105-I711 Toll FrEE I-~6~>~WAYPOINT (I-866-5EE~-7646) · www. wagpointbanl<.com HOM~0WNER'S NAM]E(S): _Matthew I. Kostelic_ PROPERTY ADDRESS: M_4ILING Al)DRESS: LOAN ACCT. NO.: ORIGINAL LENDER: _ 20 Deer Lane, Carlixle, PA ]70]3_ _20 Deer Lane, Carlisle, PA 17013 _9800053990_ _ York Federal Savings & Loan Association_ CURRENT LEiYDER/SERVICER: Wavpomt Bank HOMEOWNER'S ENEERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WI-I][CIt C.AN SAVE YOIrR FROM FORECLOSURE A_ND I-I-El .p YOU MAKE FUTIYRE MORTGAGE PA'iqVIENT~ IF YOli COMPLY WITH TB[E PROVISIONS OF THE I~[OMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT ItAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU ItAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU IVI]gET OTHER ELIGIBILITY REQUIKEMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure en 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 consuruer credit counseling agencies listed at the end of this Notice. TI-tIS MEETING MUST OCCUR WI'IlliN TI-lIE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGA~GE ASSISTANCE. YOU MUST BPd3qG YOUR MORTGAGE LrP TO DATE. TIlE PART OF THIS NOTICE CAI J .KD "HOW TO CUR E YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BR]NG YOE~Z MORTGAGE LIP TO DATE. CONSUM3ER CREDIT CO'[~TS~,] JNG AGENCDES---If you meet with one of the consumer credit counselmg agencies listed at the end of this notice, the lender rna5, NOT take action against you for thfrty (30) days after the date of this meeting. The names, addresses and telephone numbers of desi~ated consumer credit counselm~ a~encies for the count? in whicl~ the property is located are set forth at the end of this Notice. It is only necessarh~ to schedule one face-to-face meeting. Advise your lender immediately of your intentions. -&PPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons se~ forth later in this Notice (see following pages for specific information about the nature of vonr default.) If you have tried and are unable to resolve this problem with the lender, you have the fight to a~ply ~'or financial ass/stance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeox, mer's ~mergency Assistance Program Application with one of the desi~ma~ed consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for thc program and they will assist you in submiuing a complete application to thc Pennsylvania Housing Finance Agency. Your application MUST bc fi]cd or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TH:E OTHER TIME PERIODS filET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOMEE LM-M~DIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION---Available funds for emertency mortgage assistance are veD' limited. They will be disbursed by the Agency under the eli~biliry c~teria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Dunng that time, no foreclosure proceedings w/Il be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance A~,ency of/ts decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THI?~ 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 yon have filed bankruptcy you can still apply tbr Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it up to date). NATURE OF TIlE DEFAUI,T--The MORTGAGE debt held by the above lender on your property located at:_20 Deer Lane, Carlisle, PA 17013_IS SERIOUSLY IN DEF'AULT because: A. YOU HAVE NOT MADE MONTHLy MORTGAGE PAYMENTS for the following months and the following amounis are now past due: _ a part/al payment of $717.78 for October, a payment of$718.89 for November, and a payment of $794.72 for the month December, 2000_ Other charges' $I?~ 88 TOTAL AMOUNT PAST DUE:_$2,354.27_ B.YOU HAVE FAILED TO TAICE TIlE FOLLOWING ACTION: HOW TO CURE THE DEFAULT--You may cure the default within TI-LIRTy (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2,354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. _Payments must he made either by cash. cashier's check certified check or money order made ¢avable and sent to: ' ~ Bank 449 Eisenhower Boulevard Harrisbura, PA 17111 IF YOU DO NOT CURE TI-EE DEFAULT--If you do not cure the default within THIrTy (30) DAYS of the date of this Notice, the lender intends to exercise its ri.ohts to accelerate the mort~oage debt. This means that the entire outstanding balance of this debt will be considered due ~mmethately and you may lose the chance ro pay the mortgage m monthly installments. If ~l] pa.vme at of the tom] amount oast due is not made within THIRTY (30) DAYS~ the lender also intends To instruct irs attorneys To start ie~a] action foree}ose ur~on your mor~ased Dropera,. IF TI-~ MORTGAGE IS FORECLOSED T, YPON~--The mortgaged proper07 will be sold by the Sheriff attorney's fees thai were actually recurred, up ~o 250[00. However. if ]eaal proseedm~s are started against you, you w~l] have to pay ail reasonable anomey s fees actually incnn-ed by the lender even if they exceed 250.00 ,~y a~ome?s fees will be added to the amount you owe rise lender, which may also include other reasonable costs. If you cure the default within the T~TY (30) DAY ~eriod. you will not be required to say a~ornev's fees. OTI:I~R LENDER P~EMEDIES---The lender may also sue you pm-sonal]v for the unpaid pnncipal balance and ail other sums due under the mortgage. ' RIGHT TO CI_TP-~E TI-~ DEFAULT PP,,J[OR TO S ' , HEICTFF S SAI ,F---If you have not cured the default within ~e ~TY (30) DAY pmod and foreclosure proceedings haws beaum you sill] i]ave the ~ht to ~re the defaul~ and m-event the sale at any time up to one hour before th~ Sheriffs sale. You may do so by pa¥in~ the rots] ~ount then pas~ due. 'plus any late or oilier char~es then due. reasonable a~o~ev's fees an~ 9osts co, coted wit5 the foreclosure sale and ~v o~er costs cm~ected witt: the Sheriffs Sale as soecified i~ ~stin~ by the lender and by p~'fomai~ m~v otto' remfirements under the mo~a~e. Curing your default in the m~ner set for~ in this notice wffi restore your mortgage to the same position had never defaulted, as if you E_~IEST POSSIBLE SI-IEILIFF'S SALE DATE,--4t is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately J'our months from the date of this Notice. A notice of the actual date of the Sheriffs Sale w/l/be sent to you before the sale, Of course, the anaount needed to cure the default will increase the longer you wait. You may fred out at any ume exactly what the required payment or action will be by contracting the lender. 1-10~~ TO CONTACT TlC~ LENDER: Name of Lender: Acidress: Wa¥~>oint Banh 4at9 Eisenhower Boulevard. I-Ibm. PA 171 ] I Phone Number: Fax Number: Contact: Person: (7] 7i 90c~-2786 or ]-80('-554-457'~ ex1.. 2786 (717 ) 90c~-2780 Scott Dunmiro EFFECT OF SI-IERI'FF'S SAI ,F-~-¥ou sl~ou]d realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy ~t. If you continue to live in the property after the Sheriffs Sale, a iawsui~ to remove you and your fuenishmgs and other belongnn~s could be starred by the lender at ASSUMI TION OF MORTGAGF---Yon. may or X may not (CHECK ON'E} sell or transfer your home 'ma buyer or ~usfere~ who will assume ihs mortsau¢ debt. provided that all the outstanding pa>maents, charges and a~omey's fees and costs are paid prior to or at the sale and that the other requ:rements ofth~mongags ~ ~ a:~ sansz ed. ¥OIT ~¥ A~SO ~-]m~¥~ TYrE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW MONET FROM ?~NOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CUP~ED BY .~ry THI]~D PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO Tt-IE S,~fE POSITION AS ~ NO DEFAULT H~ OCC~D, ~ YOU C~ THE DEFAULT. (HOWEVER. YOU D0 NOT ~VE THIS ~GHT TO C~ YO~ DEFAL~T MOP~ TH.~ THeE T~S IN TO ASSERT THE NONEXISTENCE OF A DEFA'ULT IN .ANY FORECLOSURJE PROCEEDING OR A~~ OTHER LAWSUIT INSTITUTED UNDER THE /vlORTGAGE DOCUMEB~rFS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY I-lAVE TO SUCH ACT/ON BI' TIlE LENDER. TO SEEK PROTECTION UNDER TIIE FEDERAL BANIqXLrPTC¥ LAW. Respectful]y, Scott Dunn~re ~ Collections Comaselor If funds are received and negotiated Jn less than the total an;totmi due including legal fees costs. '~.;ayj~oinl Bank rese~'x'es the ~-i~ht to rettn':~ the ftu3ds to .¥ott and continue witln legal proceedings pending_ receJ? of the tota] amounl due. LOOK FOR US. WE'LL GET YOU THERE. December I5, 2000 77~e subscriber below of the ~ S. Post Office located at the Federal Building, 228 Walnut Street, Harrisbu~x, PA, does hereby certi~ that an envelope was mailed with postage repaid by First Class Mail fi.om the Waypoint Bank, addressed Matthew d Kostelic, 20 Deer Lane, Carlisle, PA 17013 properly deposited in the U. S. Mail for delivery this J'5a' clay of December; 2000. ~ S. Post Office HarrisbmT,, PA P.O. Box I71L HARRISBURG, PENNSYLVANIA [710E;-1711 Toll Fre~ I-~-WAYI~OiNT (I-EI6G~9;~9.764~) . wv~t~.Wa~lpointbank.com Waypoin YI ElAN K LOOK FOR US. WE'LL GET YOU THERE. Decer~ber 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortea~oe on your home is in default, and the lender intends to foreclose. Specific intbrmation about the nature of the default is provided in the attached pa~oes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGILS, NI fI-~MAP) may be able to help to save your home. This notice explains how the pro~oram works. To see ii' I-IEMAP can help, you must MEET WITH A CONSUN[ER CREDIT COUNSELING AGENCY WITH17q 30 DAYS OF THE DATE OF TI-IIS NOTICE. Take this Notice with you when you meet with the Counselin~o A~encv. The name, address and phone number of Consumer Credit Counselin~ A~oencies servin~ yom- County are listed at the end of this Notice. If you have any questions, you may call the Pennsvh,ania Housin~o Finance A.oencv toll free at ]-800-342-2397. (Persons with impaired hearin~o can call (7] 7) 780-1869). This Notice contains important legal inibrmation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DER]ECHO A CONTINUAl{ VIVIENDO EN SU CASA. SI NO C'OMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCC1ON IB~NEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUNiERO MENCIONADO AI~-~[BA. PUEDES SER ELEGIBLE PAIL4 UN PRESTAMO POR EL PROGRAMA LLAMA]DO "HOMEO~rNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A PdEDIMIR SU ]FIJ[POTECA. RO. BOX t71L HARRISBURG, PENNSYLVANIA 17105-I711 Toll Free i-8~-WAYPOINT (I-866-D~D-T646) · vvww.waypointbank.~orn FIOM~OW'NER'S NAME(S): _Lawrence L Kostelic, Sr, PROPERTY ADDRESS: _ 20 Deer Lane, Carlisle, PA 3,70J 3 MAILING ADDRESS: _20 Deer Lane, Carlisle, PA 17013 LOAN ACCT. NO.: _9800053990 ORIGINAL LENDER: _ York Federal Savings & l,oan Association CUP, KENT LENDER/SERVICER: Wax/point Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WtHCI-I CAN SAVE YOI~R HOME FROM FORECLOSURE ~ lCl~LP YOU MAKE FUTURI~; MORTGAGE PAYMENTS IF YOU COMPLY WITH TIlE PROVISIONS OF THlg itOMEO~rNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TH2E "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT ItAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTItER ELIGIBILITY REQUIREMENTS ESTABLISirlED BY TIt~ TEMPORARY STAY OF FORECLOSUIIE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thn-ty (30) days fi.om the date of this Notice. Dunng that time you must arrange and attend a "face~to-face" meeting with one of the consurner credit counseling agencies listed at the end of this Notice. TillS MEETING MUST OCCUR WITHIN TI-IE NEXT TItlRTY (30) DAYS. IY YOU DO NOT APPLY FOR EMERGENCY MORTGAGE A~SIgTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI J ~r) "HOW TO CURF YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSEl,lNG AGENCIE~q---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take achon agains~ you for thirl5, (30) days after the date of this meetthg. The names, addresses m~d teleohone numbers of desi~*nated consmner credit counselth~ a~encies for the counW in which the properW is located are set forth at the end of this Notice. It is only necessmT to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCP---Your mortgage is in default for the reasons set forth la,er in this Notice (see following pages for specific infonmtion about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the r/sbt to apply for financia~ assistance from the Homeowner's Emergency Mortgage Assistance Pro,am. To do so, you must fill out, si~ and file a completed Homeowner's Emergency Ass/stance Pro,am Application with one of the demgnated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for thc pro.am and they will assist you in submitting a complete appIication to the Pennsylvania Housing Finance Agency. Your applioation MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TIlE OT~R TIM]E PERIODS SET FORTIt IN TI:lIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR I-IOME IMIVEEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENTED. AGENCY ACTiON--Available funds for emergency mortgage assistance are very Iin'fited. They will be disbursed by the Agency trader the el/g/bility crirer/a established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Dunng that time, no foreclosure proceedings will be pursued against you i£you have met the ~irne requirements set forth above. You will be notified directly by the ?emasy]vania Housing Finance Agency of its decision on your acptication. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TI~; FILING OF A PETITION I/ BANI,2R~TCY, TI~[E FOLLOWING PART OF TI-lIS NO][ICE IS FOR INFO~TION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS; AN ATTEMPT TO COLLECT TI-1E DEBT. (If you have filed bankrnptey you can still apply for Emergency Mortgage Assistance.) lrlO~? TO C1TRE YOlffR MORTGAGE DEFAULT (Bring it up to date). NATURE OF 'l'liE DEFAULT--The MORTGAGE debt held by the above lender on your property located at:_20 Deer Lane Carlisle, PA 17013_IS SERIOUSLY IN DEFALILT because: A. YOU I-lAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following anaonnts are now past due: _ a partial payment of $717.78 for October, a payment of $718.89 for November, and a pa/anent of $794.72 for the month December, 2000_ Other charges' $172 88 TOTAL AMOUNT PAST DUE:_$2 354.27_ B.YOU HAVE FAILED TO TAKE TI-IE FOLLOWING ACTION: HOW TO CURE TI:]~ DEFAULT--You may cure the default within TH1RTY (30) DAYS of the date of this notice BY PAYING TIlE TOTAL AMOUNT PAST DUE TO TIlE LENDER, WI-I/CH IS $2,354.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DIYE DURING THE THIRTY (30) DAY PEPdOD. PawnenIs must be made eithm' by cash, cashier's check. certified check or money order made vaYable and sent to: .W. ay'point Bank 449 Eisenhowcr Boulevard Harrisburg. PA 17111 IF YOU DO NOT CURE TIt~ DEFAULT--If you do not cure the default w/thin TItIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort~ate debt. This means that the entire outstanding balance of this debt w/l] be considered due immediately and you ma5, lose the chance to pay the mortgage m monthly mstaIImems. If full pa)re;eat of the tots] amount nest due is not m~de within THIRTY (30) DAYS. the lender also intends to instruct its attorneys to start iegal action to foreclose uDon your mortsased Dropertr. ' IF TI-liE MORTGAGE IS FORECLOSED IIPON--The mortgaged prope~, will be sold by the Sheriff to pa5, o:{¥ the morL_o-age debt. If the lender refers your case to its attorneys, but you cure the'delinquency before the }ender beans legal proceediugs against you. you will still b~ required to pay the reasonable . ou. you wm l~sve ~o pay all reasouab]e a~on:ey's fees acmaNv incun-ed by the lender even if they exceed ~50.00..~y ano:m%':s fees wiIi be added to the amount you owe ~:e lender, which may also include othm' reasonable costs. If' yon cure the default within the T~RTY (~0) DAY ~eriod. vor will no~ be [equirec to pm' a~ornev's fees. OTI-IER LENDER REMEi~'IE~--The ]andre' may also sue you personally for the unpaid pnncipa] balance and all other surl2s due udder the moltgage. RIGHT TO CURE TI-~ DEEAULT PRIOR TO Si~I~RI-FF'S SAI ,F--If you have not cured the default within the TH~TY (30) DAY p~od and foreclosure proceedings have begun, you sill] have the n~ht to cure the defauk and prevent the sale at any time up to one hour before the Shefifffs sale. You may do so by pavm~ the rom1 amount th~ past due, vlus any ]ate or other char~es then due. reasonab]~ a~omev's fees and costs co~ctcd with the foreclosure sale and any other costs co]moated w~th the Shrifts Sale as specified in ~nnn~ bv the lender and by pmYonning am, other requirements under th~ mon~a~e. Curing yom' default in the m~ner set forth i~ this notice will restore your mortgage to fha same position as if you had never defaulted. EAI'~LIEST POSSIBLE SHERIFF'S SALE DATF,--It is estmmted that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four months fi-om the date of tiffs Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amoum needed to cure the defauh will increase the longer you wait. ¥'ou may fred out a~ may nme exact]), wha~ the required payment or action will be by contracting t]~ e lender. HOW TO CONTACT TH~ LENDER: Name of Lender: Address: Wa~oiut B,~nk /449 Eisenhower Boulevard. I-Ybm. PA ] 7] I l J'ilone Number: (7]7) 909-2786 o- 1-80(-554-457_'! ext. 2786 Fax Number: (717} 909-2780 Contae~ ])el'SOil: Scott [[)Ulm2ira EFFECT OF SI-IEPdFF'S SAI ,F---You should realize that a Sher/f£s S:2]e will end your ownership of the mortgaged property and your right to occupy ~t. If you continue to live in the property after the Sherif£s Sale. a lawsuit to remove you and your fumisbin~s and other belomfim~ an5, time. - ~ = =~ could be starred by the lender al ASSUhiPTION OF MORTGAGF--Tou may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the morrgage debt, provided that ail the ourstandiug payments charges and attom%,'s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 'YOU MAY AL80 ]aA'~ TI-IE RIG}IT: TO SELL T~qE PROPERTY TO OBTAIN MO_NEy TO PAY OFF THE MORTGAGE DEBT OR TO BOROW MONET FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED Bt' .~rx' THIRD PARTY ACTING ON YOUP, B EH.~LF. TO HAVE THE MORTGAGE KESTOP,.ED TO THE S_~dvlE POSITION AS /Y NO DEFAULT }i~ 0CC~D, p YOU C~ THE DEFAULT. (HOWEVER. ¥0U D0 NOT ~VE THIS PdGHT T0 C~ Y0I~{ DEFAULT MO~ ~ ~E T~S ~ TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANT FOKECLOSUKE PROCEEDING OR A2xry OTHER LAWSUIT INSTITT~'TED UNDER TI-IE MORTGAGE DOCUMENTS, TO ASSERT AgxF¥ OTHER DEFENSE YOU BELIEVE YOU MAY J-2AVE TO SUCH ACTION BY T~-IE LENDER. O SEEK PROTECTION UNDER TIlE FEDERAL BANI,~RUPTC¥ LAW. Respect£ully, Scott Dum~aire w,~ Collections Ce.maselor lf~%mds are recdved and negotiated in ]ess than the total amount due inc}uding legal fees and costs. WaS'point Bank ~s~ix .s th- u_hl ~o :~tum the fuads to you mad continue wktn legal proceedings pending receipt of the iota} al~]Ollllt due. LOOK FOR US. WE'LL GET YOU THERE. December 15, 2000 The subscriber below of the U. S. Post O/rice located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certi/:y that an envelope was mailed with postage repaid by First Class Mail from the Way)voint Bank, addressed Lawrence L. Kostelic, Sr., 20 Deer Lane, Carlisle, PA ]70]3 properly deposited in the ~ S. Mail for delivery this 15a~ day of December; 2000. U. S. Post Office By: Harrisburg, PA RO. Box 1711, HARRISBURG, PENNSYLVANIA 1710S-i711 Toll FPE~ I-S{~6-WAYPOINT (I-866-9~9-7646) · vwvw.wagpointbank.com 0~ '~ 'E VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am the Default Coordinator of Waypoint Bank, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. WAYPOINT BANK Dated: L~ ~.~ ~ Default Coordinator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS, No. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ~, ?,UE COPY FROM RECORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -~ MORTGAGE FORECILOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. NO. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AVlSO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte pot escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGAI::)O, VAYA O LLAME A LA OFICINA EN LA DIRECClON ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 170'13 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MATTHEW J. KOSTELAC LAWRENCE L KOSTELAC, SR. Defendants COMPLAINT AND NOW, comes Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank ('~Vaypoint"), by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr., as follows: Parties 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 449 Eisenhower Boulevard, Harrisburg, Pennsylvania 17111. 2. One of the Defendants is Matthew J. Kosl:elac who is an adult individual residing in the Mortgaged Premises at 20 Deer Lane, Carlisle, Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises, having acquired title by Deed dated May 8, 2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. 3. One of the Defendants is Lawrence L. IKostelac, Sr. who is an adult individual residing in the Mortgaged Premises at 20 Deer Lane, Carlisle, Cumberland County, Pennsylvania 17013, and he is a mortgagor and real owner of the Mortgaged Premises having acquired title by Deed dated May 8, 2000, and recorded on May 19, 2000, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 221, Page 627. Mortgage 4. On or about October 19, 1993, Defendants made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on October 27, 1993 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1173, Page 432. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 5. There have been no assignments of said Mortgage. Default 6. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from September 1, 2000 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 September 1, 2000. 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: $47,189.42 Unpaid Principal Balance ................ Interest from 9/1/00 to 2/16/01 (inclusive) at $8.2301 per diem .......... Late Charges from 9/1/00 to 2/16/01 (inclusive) at $31.28 per month ............ $ 185.44 Escrow Deficit ........................ $ 435.64 Homeowner's Insurance (due 7/21/01) ...... $ 910.00 $ 232.99 Taxes (due 4/30/01) .................... Taxes (due 8/1/01) ..................... $ 820.14 Attorney's Commission 5% ............. $ 2,359.47 TOTAL AMOUNT DUE $ 1,405.81 $53,538.91 Compliance with Homeowners' Emergency Assistance Act 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i) Defendants have failed to meet with the Plaiinitff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit B; or (ii) Defendants' application for assistance has been rejected by the Pennsylvania Housing Finance Agency. Inapplicability of Loan Interest and Protection Law 10. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101 et seq.), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" wiithin the meaning of said Act. WHEREFORE, Plaintiff Waypoint Bank prays for judgment in its favor and against Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr. in the amount of Fifty Three Thousand Five Hundred Thirty Eight and 91/100 Dollars ($53,538.91), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $8.2301 per diem, from 2117101, late charges at 5% of the monthly payment amount, currently $31.28 per month from 2/17/01 escrow charges, currently $169.15 per month from 2117101, 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. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. Nc). 72030 [Space Above This Line For Recording Dztta] MORTGAGE THIS MORTGAGE ("Security Ins~'ument") is given on OCTOBER 19TH, 1993 The mortgagor is MATTHEW d KOSTELAC and LAWRENCE L KOSTELAC SR , AS JOINT TENANTS ("Bo~ower"). ThisS~ity Ins~umentisgivento YORK FEDERAL SAVINGS AND LOAN ASSOCIATION whichisorg~izedandex~fingund~elawsof THE UNITED STATES OE AMERICA ,and whosead~essis 101S. GEORGE STREET, YORK, PA 17401 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY AND *************************************** Dollars (U.S. $ 71250.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Insl~ument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2008 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of thi~ Security Insu'ument; and (c) the performance of Borrower's covenants and agreements under this Security Insu-ament and the Note. For d-ds purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: (SEE ATTACHED LEGAL) which has the address of 20 DEER LANE [Street[ Pennsylvania 17 013 ("Property Address ) [Zip Codel PENNSYLVANIA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT CARLISLE ICity] ACCOUNT #: 100053990 Form 3039 9~90 (page ] of d paga$) ACCOUNT #: 100053990 TOGETH]~R WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and lb'rares now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Insumment as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the hght to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Tills SECURITY INSTRIJMF.,NT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security insU'ument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as fc,llows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Fonds for Taxes and Insurance. Subject to apphcable law or to a ,~ttan waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may am priority over th/s Security Instrument as a hen on the Property; (b) yearly leasehold payments or ground rents on the Property, ff any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq~ ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so. Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in azcordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentatity, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge~ However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise~ Unless an agreement is made or apphcable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by apphcable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of apphcable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lendar shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 2I, Lender shall acquire or sell the Property. Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sams secured by this Security InsU'umenL 3. Application of Payments. Unless apphcable law provides otherwise, ali payments received by.Lender under paragraphs 1 and 2 shall be apphed: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly fm-nish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any hen which has priority over this Security Insumment unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the hen to this Security Instrument. If Lender determines that any part of the Property is subject to a hen which may attain priority over this Security instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the hen or take one or more of the actions set forth above within 10 diays of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and an), other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and rTEM ~gSOL2 19211) Form 3039 9/90 (page 2 1.17,3 '., - ACCOUNT #: 100053990 for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obffdn coverage to protect Lender's rights in the Property in accordance with paragraph 7. Ail insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause, Lender shall have the right to hold the policies and renewals. If Lender requires, Bonrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice ~o the insurance carrier and Lender. Lender may make proof of loss ff not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, ff ~he restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Insn'ument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Properly or to pay sums secured by this Security Insn'ument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or posqgone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Properly prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instalment immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establ~sh, and use the Property as Bonrower's principal residence within sixty days after the execution of this Security Instrument and shall conimue to occupy tim Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be uureasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's conn'ol. Borrower shall not destroy, damage or impak the Property, allow the Property to deteriorate, or commit waste on the Properly. Borrower shall be in default if any foffeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in foffeina-e of the Property or otherwise materially impair the lien created by this Security Instrument or Lender security interest. Borrower may cure such a default and reinstate as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the orrower s interest m the Property or other material impairment of the Lien created by this Security instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false o~ inaccurate infbrmation or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security ~nstrument is on a leasehold, Borrower shall comply with ail the provisians of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title sh~l not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenant~ and agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or lbrfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appennng in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these mounts shall bear interest from [he date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain ~e mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substanlially equivalent to the mortgage insurance previously in effect, at a cost ~ubsmmially equivalent to the cost to Borrower of the mortgage insurance previnusly in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-tweifth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the opuon of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurtmce ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspeetion specifying reasonable; cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequenual, in connection with ACCOUNT #: 100053990 any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In ~he event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than [he amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the talo~g, divided by (b) the fair market value of the Property immediately before the raking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or fi, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amort~zaimn of the sums secured ~oy this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the 1/ability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Insffument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such 10an charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitl, ed limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principai owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduclion will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security ins~nment shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mai/to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiclion in which the Property is located. In the event that any provision or ci[ause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the confl/cting provision. To this end the provisions of' this Security Instrument and the Note m:e declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immexliate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shal/give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is dehvered or mailed within which Borrower must pay all sums secured by this Security Instrumen~ If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earl/er of: (a) 5 days (or such other period as ITEM 1950L4 (9211) Form 3039 9/90 (page 4 of 6 pages) 00 11 t3 435 ACCOUNT #: 100053990 applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contmned in this Securi~ Insmament; or (b) entry of a judgment enforcing this Security Instrnment~ Those conditions are that Borrower: (a) pays Lender all sums winch then would be due under this Security Instrmnent and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limiw~d to, reasonable attorneys' fees; and (d) rakes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collacts monthly payments due under the Note and this Security Insu-umem. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given wrirmn notice of the change in accordance with paragraph 14 above and applicable law. The notice w~ state the name and address of the new Loan Servicer and the address to which payments should be made. The notice wiU also contain any other information required by app]/cable law. 20. Hazardous Substances. Borrower shalJ not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sonmnces sh~ not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmenUd or regulatory agency or private party involving the Property and any Hazardous Substance or Environmen~ Law of which Borrower has actual knowledge. If Borrower learns, or is notifiezl by any governmental or regulator), authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvonts, materials containing asbestos or tbrmaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prinr to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (h) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of ali sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to col]lect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in pazagraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by diis Security Instrument is lent to Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate Alter Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Form 3039 9/90 (page 5 of 6 pages) 27. Riders to this Security Instrument. If one or more ri , this S~curity Instrument, the coy ........ ders are executed by Borrower and r~-~-,~.~ - - . ,~,~- ,.,:mue incorporated into and sha/l amend and supplement the covenants and agreements of this Security Instrument :~s ff the rider(s) were a part of this Security Instrument. [Check apphcable box(es)] ~ Adjustable Rate Rider ~-~ Condominium Rider Graduated Payment Rider Balloon Rider Planned Unit Development Rider Rate Improvement Rider ~ Other(s)[specify] RIDER TO PARAGRAPH I8 AND ADDENDUM BY SIGNING BELOw, Borrower accepts and agrees to the terms and covenants contained in pages I through 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. MATT. EW 0 0S*-ELAC I-4 Family Rider Biweekly Payment Rider Second Home Rider LAWRENCE I. KOSTELAC SR (Seal) -Borrower .(SeaJ) COM/vlONWEALTH OF PENNSYLVANIA, CUMBERLAND Coanty ss: Onthis, the lgTN dayof OCTOBER, 1993 ,beforeme, LAWRENCE L KOSTELAC SR the undersigned officer, personally appeared MATTHEW d KOSTELAC and . known to me (or satisfactorily proven) to be the persons whose name s are subscribed to the within instrument and acknowledged that t hey executed the same for the purpose herein contained. iN WITNESS VCHEREOF, I hereunto set my hand and official sea/. My Commission e~ NOTARIAL SEAL 1 ~ILDP. ED M TOTER. ~,, . , ~ .... '~', ~,~,~res August 29, 1~,~ CERTIFICATE OF RESIDENCE I, , do hereby certify that the 7401 correct address of the within named lender is Wimess my hand th~s//~r2~ ~day of C_ L_~, 101 S. GEORGE STREET, Agent of Lender ITEM 1950L6 t9211> - ,' ' 0 _1173 437 YORK, PA ACCOUNT #: I0/0053990 Form 3039 9/90 ~age 6 of 6 pages) E:E G ].:NNZ NG ~< u'b 2: ~. how e:hence N o~ ~..h ].~F~CJ ho~ o~ 'for-Be?Iv o'F dE:eob SnE:l'mk~, South 39 cJe,~PeeE E:E~S'b~ 32 South o7 degrees Nest~ i9 PE-)~"ches 'bhtenc:.e NOT'th 23 cle?neE, s:. Nes-t~, 57 c.,e~c:l"'~es to HAV::(:N(;; 'THE:F:EON.~:n':'"r:'~.. ,... ~ tun ..... st, c, vv E:EE;ZNNZNG m'b ~ ~,oir',t c~n the E. oL~ti'ief'r'~ side wiae p'r'iva'bE, i~H]e~, which poin'~. :i..5 No'r'Lh 67 degT-ees East., ].320 feet f'Pom 'bhe c'er'FbE, i" Zir'~(e o'f' DE, e~' L.~¢r'*e a~s. by the s,::)u'bhe~n line of' s~id ;,f":i.v~:'~,e !8r'~e; t. her'~ee ~:tc)r'~] the c:,? '¢o~'me~'iy o'f dsr. V E+ ~ficCE~han~ No~'th 67 degf'ees E:Eas'L, 200 .feet Mol. f,, et '..'~.T'i; 'bhen,:2e by s~;id t~tte? 18nd, So,..m%h 23 deg'['ees Ernst,. CZ: C) ~ T A Z N i N C4 ,E~ 0 ~, 0 (} (') 's ,:! u ~ r- e f ,z.:, e '~: < RIDER TO PARAGRAPH 118 I/We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, executed by me/us this 19TH day of OCTOBER, 1993, shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage/Deed of Trust. The term "reasonable attorney's fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5 %) of the principal due at the time of foreclosure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Iv[ac or Fannie Mae standards and guidelines as a condition of assignment or transfer. ATTHEWJ~KOSTELAC --- ~ ~-,-~-~-.--~..~ ~a4,, . ,!.._~. ~.~.z..z, ~ . (SEAL) (SEAL) (SEAL) 1:[73 PA E 433 NOTE OCTOBER 19 , 19 93 HARRISBURG , PENNSYLVANIA 20 DEER LANE, CARLISLE, PENNSYLVANIA 17013 1. BORROWER'S PROWIISI~ TO PAY In return for a loan that I have received, I promise to pay U.$.$ 712 50. 0 0 (this amount is called "pr~ncipal"), plus thmr~sL to the order of the Lend~r. TheLenderi~ YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, 101 S. GEORGE STREET, YORK, PA ]7401 . ]und~rs~d haitial~ of O~e~V~uldslateFb~edRateNote." ACCOUNT NO: 10005399 MULTISTATE FIXED RATE NOTE - $ing}e Family, FNMAIFHLMC UNIFORM INSTRUMENT Form 3200 12/83 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE WITNESS ~ HAND(S) AND SEAL(S) OF ~ UNDERSIGNED. MATTHEW J K~S~TELAC (S~) [Sign Original Only] "By midahng, thc Borrower(s) acknowledge(s) that this page ~ page 2 of 2 of the Multistate Fixed Rate Note." ~ ~ i'~/I 3 LOOK FOR US. ~,/~'LL G~T YOU TH~R~. D~¢ember 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROMFORECLOSURE This is an official notice that the mortaa_oe on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pa~oes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (ItEMAP) may be able to help to save your home. This notice explains how the pro,ram works. To see if HEMAP can help, you must MEET WITH A CONS1JMER CREDIT COUNglE. I.ING AGENCY VClI'HIN 30 DAYS OF TFI3E DATE OF TI-US NOTICE. Take this Notice with you when you meet with the Counseling Agencx,. The name~ address and phone number of Consumer Credit Counselin~ Agencies serving your Collnt~ are listed at the end of this Notice. If yon have am, questions~ you may call the Pennsylvania Housing Finance A~oenev 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 Age:ney may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR 5qVIENDO EN SU CASA. SI NO C'OMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDIT_AdV[ENTE LLAMANDO ESTA AGENCIA ('PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NLriVLERO MENCIONADO AIIILIBA. PUEDES SER ELEGIBLE PAILA UN PRESTANIO POR EL PROGILadVIA LLAMADO ,,HOMEOV~_rNER,S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. P.O. Box [71L HARRISBURG. PENNSYLVANIA i7105-1711 Toll FpEE J-E~GG-WAYPOINT (l-BG6-9;~9-7646) . www.wa~lpointbank.com HOMEOWNER'S NANiE(S): _Matthew J. Kostelic_ PROPERTY ADDRE SS: MAILLNG AI)DRESS: LOAN ACCT. NO.: ORIGINAL LENDER: _ 20 Deer La,e, Carlisle, PA ] 70J3 _20 Deer Lane, Carlisle, PA 17013 _9800053990 _ York Federal Savings & Loan Association CURRENT LENDER/SERVICER: Wayooint Bank HOMEOWNER'S EN[ERGENCY MORTGAGE ASSISTANCE PROGRAM YOI_~ MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WlClICtt CAN SAVE YOUR HOME FROM FORECLOSURE AND lq'fi'l ,p YOU MAKE FUTURE MORTGAGE PAYMENT~ IF YOU COMPLY WITH TILE. PROVISIONS OF THE BOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT I-L4.S BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVRE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREM[ENTS ESTABLISIllgD BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date offltis 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 OCC[rR WITHIN Tlrl~ NEXT Tlrl][RTY (30) DAYS. IY YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRk~G YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI ,1 ,ED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLA]]qS HOW TO BPd]qG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSF, I,ING AGENCI~,S--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 des/mated consumer credit counselin_~ a~enc:es for the county in which the property is located are set forth at the end of this Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intenttons. APPLICATION FOR MORTGAGE ASSISTANCE---Your mon_~a~e is in default for the reasons set forth later in this Notice (see following pages for specific in:[om:ati~on~ aborn the nature of vour default.) If you have U-/ed and are unable to resolve this problem with the lender, you have the right to a~pply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, s~gn and file a completed Homeowner's Emergency Assistance Program Application with one of the desi~mated consumer credit counseling agencies listed at the end of this Notice. O~a]y consumer credit counseling agenaies have applications for the pro~am and they will assist you m submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked v~thin thirty (30) days of your face-to~face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLy. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TI~ OTHIgR TIME PERIODS SET FORTH IN TI-tiS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR ROM],; IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION---Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the elig/bitiry criteria established by the Act. TI~e Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your appIiaation. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirmmnts set forth above. You will be notified directly by the Pennsylvania Housing Finance Aaeney of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THt; FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TH~S 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 CI[TRE YOUR MORTGAGE DEFAULT (Bring it up to d:ate). NATURE OF TIlE DEFAULT--The MORTGAGE debt held by the above lender on your property located at:_20 Deer Lane, Carlisle, PA 17013_IS SERIOUSLY 124 DEFAULT because: A. YOU HAVE NOT MADE MONTi-ILY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ a part/al payment of $717.78 for October, a payment of $718.89 for November and a payment of $794.72 for the month December, 9000 Other charges' $179 88 - - TOTAL AMOUNT PAST DUE:_$2,354.27_ B.YOU I-LAVE FA1LED TO TAIGE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT--You may cure the default within TI-IIRTY (30) DAYS of the date of this notice BY PAlrLNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHI · DURING THE TH1RTY (30) DAY PERIOD. .Payments must be made e/ther by cash. cashier's check, certified check or money order made eayab]e and sent to: ~ Bank 449 Eisenhower Boulevard Hamsburz. PA 17111 IF YOU DO NOT CUILE TI-IE DEFAULT---If you do not cure the default within TH~:RTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri.~hts to accelerate the mortgage debl. This means that the entire outstanding balance of this debt will be considered clue rrmae&ateiy and you may lose the chance to pay the mortgage in monthly installments. If full payment of the tom] amount =asr due Js not made within THIRTY (30) DAY£~ the lender also intends to instruct its a~omevs m s~an ~e~al ac~on m foreclose u~on your mo~ased Dropem,. IF TIlE MORTGAGE IS FORECLOSED UPON---Tbe mortgaged properq, wi]] be sold by the Sheriff sfill be required to pay the r~asonabl~ a~omeh"s fees that w~:'e acmM]y tutu=ed, up to $5~00 However illegal -roceed:' ~ you. you will have to pay all reasonable a~omey's fees actually menu-ed by the lender even if they exceed $50.00..~y anomey's f~es will bs added ro the amount you owe the ]end:r. whi:h may also include other reasonable costs. If you cure the default within the"T~RTy (30) DAY ~eriod. vo~ will no~ be reouired to nay attorney's fees. OT!~R LEN])ER REM[EDIES--The lender ma), also sue you personally for the unpaid principal balance and all other sums due under the mmXgage. RIGI-IT TO CIrP~ TI~ DEFAULT PR10!R TO S][-IE!RIFF'S SAI ,F---If you have not creed the default ,~,ithm the THI~TT (30) DAY per/od and foreclosure proceedings have begun, vou st/l] have the r/~ht to cure the default and prevent the sate at any time up to one hoor before the Sheriffs sate. You may do so by pay~n.~ the rata] anaount then past due. plus am, late or other charues then .due. reasonable attorney's fees and costs connected wi~ the foreclosm'e sale and any other costs core, coted with the Sheriff's Sale as specified jn '~'r/tm~ by the lender and by perfonnin[~ m~x, other requirements under the mortgage. Curing yom' de/'ault in the manner set forth in this notice will restore yom' mortgage to the same position as ii' you had never defaulted. E_&ILLI]EST POSSIBLE SFIt;RIFF'S SALE DATE---It is estimated that the earliest date ira1 such a Sheriffs Sale o£ the mortgaged property could be held would be approximately four months from the date of this Notice. A notice o£the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. ¥'ou may fred out at mV r/me exactly what the required payment or action will be by contracting the lender. I-lOW TO CONTACT Ti~ LENDER: Name of Lender: Address: Phone Nmnber: Fax Number: Contact Person: Wahq~oint Bank 449 Eisenhower Boulevard. Hbm. pA 77111 (717) 90q-2786 or 1-800-55,~-4577 ext. 2786 (717) 90r)-2780 Scott Dunnnra EFFECT OF SI~P4FF'S SAI,F--You should realize that a Sbefif£s S;fle will end your ox~mershiv of the mortgaged property and your right lo occupy it. If you commue to live in the property after the Shenf£s Sale. a lawsuit to remove you and your furnishings mad other belongings could be starred by the lender at ASSUMPTION OF MORTGAGE---You _ ma), or X may not (CFIECK ONE) sell or transfer your hon~e to a buyer or n-ansferee who wfl] assum~ tbe mortgag~ d~b% provided /ha~ all the outstandin,~ pa>m~en~s, cnar~es and a~omev's fees and costs are pMd prior m or at the sale mad that the other requ]remenr~ of the mo~gag~ m-e sausfied. ¥OIT ~I; A~SO ]~J_4~r]E TI-D2: lVj GHT: TO SELL THE PR_0PF_.RTY TO OBTAIN MONHY TO PAY OFF THE MOP~TGAGE DEBT OR TO BOROW MONEY FR.0M AJ~OTHER LENDING INSTITUTION TO PAY OFF TI-IlS DEBT. TO HAVE TI-IlS DEFAULT CLTP~EED BY _4far~? THI~.D PA~TY ACTING 0N YOUP~ BEHALF. TO HAVE THE MOP~TGAGE P~STOP~ED T0 THE S.AAfE POSITION AS IF N0 DEFAULT HAD OCC~D, IF ~ OL CUPxJE THE DEFAULT. (HOWEVEtt. ¥0U DO NOT HAVE THIS RIGHT TO CTLTRE YOUR DEFAULT MOItE TI&AN THP. EE TIMES A~TY C,z,~hEND.eR TO ASSEP~_T THE NONEXISTENCE OF A DEFALTLT IN ANY FOP~BCLOSLTRZ PROCEEDING O~L ANY 0TI-IIEiK LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELl[EVE YOU MAY t-LaVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANI(RUPTC¥ LAW. Respectfully, Scolt Dunmire ~ Collections Com~selor If funds are received and negotiated in ]ess thar~ the total amount doe including less] fees and costs. Waypoint' Banh reserves the rJzht lo raturll the funds to you and continue with JegaJ proceedings pendin~ raceJpl of tl~e total amounl due. LOOK FOR US. WE'LL GET YOU TH~=RE. December J5, 2000 77ze subscriber below of the ~Z S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby cert~; that an envelope was mailed with postage repaid by First Class Mail fi.om the Waypoint Bank, addressed Matthew d Kostelic, 20 Deer Lane, Carlisle, PA ] 7013 properly deposited in the U. S. Mail for deliveo; this 15a' clay of December, 2000. U. S. Post Office Harrisburg, PA RO. Box 1711, HARRiSbURG. P{iNNSYLVANIA 1710S-171l Toll Free [-~166-WAYROINT (t-866-Di~D-7G4g) · wvcw. Wa~lpointbank.com LOOK FOR U_~. WE'LL GET YOU THERE. December 15, 2000 ACT 91 & Act 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default~ and the lender intend~ to foreclose. Specific information about the nature of the default is m-ovided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (FfEMAP) may be able to help save your home. This notice explains how the program works. To see ii' lcflEMAP can help~ you must MEET WITH A CONSUNIER CREDIT COUNSELING AGENCY WITFffN 30 DAYS OF TlC~ DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name~ address and phone number of Consumer Credit Counseling Agencies serving yom' County are listed at the end of this Notice. If you have any questions, you may call the Pennsvh, ania Housing Finance Agency toll free at ]-806-342-2397. (Persons with impaired hearing can call (7] 7) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agcncy may be able to help explain it. You ma), also want to contact an attorney in yom' area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTAdNCIA, PUES AFECTA SU DERlgCHO A CONTINUAl{ Vllq[ENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION ~qNEDITAMENTE LLAMANDO ESTA AGENCiA (l'ENNS55LVAN1A HOUSING FINANCE AGENCY) SIN CARGOS AL NUIM_ERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTANIO POR EL PROGRAMA LLAMAJDO "HOMEO~NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAI~ SU CASA DE LA PERI)IDA DEL DERECttO A PdgDIMIR SU ItlPOTECA. RO. Box 171L HARRISBURG. PENNSYLVANIA 17105-i71t Toll Fr6~ I-~66-WAYPOINT (;-866-9;~9-7646) . www.wa~dpointbank.com HOMEOWNER'S NAME(S): _Lawrence L Kostelic, Sr. PROPERTY ADDRESS: MAILING ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: _ 20 Deer £ane, Carlisle, PA 1;70]$ _20 Deer Lane, Carlisle, PA 17013 _9800053990_ _ York Federal Savings & Loan Association CURRENT LENDER/SERVICER: Wavooint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WI[ICH CAN SAVE YOUR HOME FROM FORECLOSURE AND H]ELP YOU MAKE FUTURt; MORTGAGE PA]trMENT$ IF YOU COMPLY WITH TFIE PROVISIONS OF TIt~ ltOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TILE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT ItAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU I-IAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTI:ttJR ELIGIBILITY REQUIREMENTS ESTABLISEggD BY TI:t~ TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. Tills MEETING MUST OCCUR WITHIN TIlE NEXT TItlRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTAfNCE, YOU MUST BRING YOUR MORTGAGE LrP TO DATE. THE PAINT OF THIS NOTICE CAI 1 KD "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BR/NG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COIJNSELING AGENCIE,$---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 mad telephone numbers of desicmated consumer credit counseling agencies for the coun~ in which the propm~a~ is located are set forth at the end of this Notice. It is only necessary to schedule one face4o-face meeting. Advise your lender inzmediatelv of your retentions. APPLICATION FOR MORTGAGE ASSISTANCF--Yonr momgage ts in default for the reasons set forth liner in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the fight tn apply for financial assistance from the Homeowner's Emergency Mortgage Ass/stance Pro.am. To do so, you must fill out, sigma and file a completed Homeowner's Emergency Assis':ance Pro.am Application with one of the desi~mated consumer credit counseling agencies listed at the end of'this Notice. Only consumer credi~ counseling agencies have applications for the pro.am and they will assist you in subn'~tting a complete application to the Pcrmsy]vania Housing i=inance Agency, Your application MUST be fi]ed or postnmrkcd within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR AI>PLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOIJ DO NOT FOLLOW Till; OTIcIER TI]VIE PERIODS SET FORTH I~ Tills LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOMt; IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DEI'q. ED. AGENCY ACTION--Available funds for emergency mortgage assistance are very lin-rite& They will be disbursed by the Agency under the eligbility cr/;er/a established by the Act. The Pennsylvania Housing Finance Ageney has sixty (60) days to make a dec/sion after ii rece:ves 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 Pemasy]vania Housing Finance Agency of its decision on vour application. NOTE: IF YOU AIqE CURRENTLY PROTECTED BY TI-IE FILING OF A PETITION IN BANKRUPTCY, TIcIE FOLLOWING PART OF THIS NO"lICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS; AN ATTEMPT TO COLLECT T/vIE DEBT. ('If you have filed bankruptcy yon can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF TlCl]E DEFAULT--The MORTGAGE debt held by the above lender on your property located at:_20 Deer Lane, C~Iisle, PA 17013_IS SERIOUSLY Lq DEFAULT because: A. YOU I-LAVE NOT MADE MONTHLY MORTGAGE PA52VlEN'/'S for the following months mhd the following amounts are now past due: _ a partial payment of $7 ] 7.78 for October, a payment of $718.89 for NoYember, and a payment of $794.72 for the month December, 2000_ Other chm'ges:_$122.88_ TOTAL AMOUNT PAST DUE:_$2,354.27_ B.YOU I-lAVE FAILED TO TAICE 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 TIt~ TOTAJ~ AMOUNT PAST DUE TO THE LENDER, WHICH IS $2.354.27 PLUS .~,W MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUZ DURING THE THIRTY (30) DAY PEPdOD. Payments must be made either by cash, caslner's check. certified check or money order made cavabte and sent 'to: Waypoint Bank 449 Eisenhower Boulevard Harrisbur¢. PA 171 ] l IF YOIJ DO NOT CUILE TI-IF DEFAULT---If you do not cure the default w/thin TH1Z. T¥ (30) DAYS of the date of this Not/ce, the lender intends to exercise its rights to accelerate the mort~a~oe debl. This means that the entire outstanding balance of this deb~ w/l] be considered due immediately and you ma5, lose ire chance to psy the mortgage in monthly installments. If full paymerlt of the total amount nest due it not made within TI-]IRTY (30) DAYS. the lender alto imends m insnmct its attorneys ~o stem iegal action forec}osfi upon your mor~_~a_~ed vroper~'. IF TI-I[E MORTGAGE IS FORECLOSED IrPON---The mortgaged propem, wil] be sold by the Sheriff to pa5' off the mortgage debt. If the lender retort your case to irs at~omevt, l~uT you cure the'delinquency bethre the lender 'o%fins legal proceedings againtt you, you will ti/Il b~ required io pay the reasonable ar~orne?s fees that were actually recurred, up to $50.00. However. ±floral proceedings are starred a~ains~ you. you will have to pa), ail reasonable attorney's fees actually thcurrtffby the lende[ even if fnev exceed ~50.00. /my attorney's fees will be added ~o the amount you owe the lender, which may also incl[de other reasonable costs. If' you cur~ the delhult within the TI-IIRTY GO) DAY neriot[, yon will not be required to pay attorney's fees. OTI-I[ER LENDER I~h~EDIE$--The lender ms)' aisc> sue you personally for the unpaid principal balance and all other sunxn due under the mortgage. RIGHT TO CURI~ TH[E DEFAULT PRIOR TO SFiEI~rFF'$ SAI ,F---If you, have not cra'ed the default within the THIRTY (30) DAY period and foreclosure proceedmgt have begun you sti~l have the n[ht To cure the default and erevem flue sale at any time un to one hour before the Sheriffs sale. You may do se by pax/in~ the tola] anaounr then Dart due.. *]us any late or other charses then due. reasonable attorney's fees an,] costs connected with the foreclosure sale and any other costs comaected with the Sheriffs Sale at seecified m vmdnn<2 by the lender and by per~om~ing any other requirementt under the mor~sa~e Curing your deiault in the manner set forth in this notice will restore your mortgage to the same position as il' you had never defaulted. EAILLII;ST POSSIBLE SI-~RIFF'S SALE DATE---IT is estimated that the earliest date that such a Shen~s Sale of the morlgaged prope%, could be held would be approximately four months ii'om the date of this Notice. A notice of the actual date of the Sheriff s Sale will[ be sent to you before the sate. Of course, the anaoun; needed to cure the default will recreate the longer ~ou wait. You may fred out at any time exactly whai the required pasmaent or action will be by contracting the lender. HOW TO CONTACT TI-liE LENDER: Name of Lender: V~Zavl~oint Bank Address: zt49 Eisenhower Boulevard. I-Ibm. PA 17311 Phone Nmnber: (7 ] 7190¢/-2786 or 1-800-554~572 ext. 2786 Fax Number: (7] 71 909-2780 Contacl~ ?erson: Scott Z)u~mth'a EFFECT OF SI~PdFF'S SAI ,F--You should realize that a Sheriffs Sale will end your ownership of tbe mortgaged proper~y and your right to occupy ~t. If you continue ro live in the property after the Sherifft Sale. a lawsuit any time. ASSr~YMPTION OF MORTGAGF---You may or X may not (CHECI,[ ONE) sell 02- n-ansfer your home to a buyer er n'ansferee who wiI] assume the monaase debt, provided that al] the ourstandmu pa~ents, charges and aUona%"s fees aud costs are prod prior to cr at the sale and that the other reqmrem~nts of the mo~gage are satisfied. ALSO HAX~ TH]! I~]GFrT: TO SELL THE PROPERTY TO OBTAN MONET TO PAY OFF THE MORTGAGE DEBT OR TO BOROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAl' OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY AjxrT TH~R_D PARTY ACTENG ON YOUR B EH.~LF. TO HAVE THE MORTGAGE RBSTOPGSD T0 THE SAME POSITION AS [F NO DEFAULT HAD OCCUI~D, ~ YOU CURE THE DEFAULT. (HOWEVER. YOU DC) NOT I-L{VE THIS RIGHT TO CURE YOLFR DEFAULT MORE THAN THKEE TIMES IN TO ASSERT THE NOR~XfSTENCE OF A DEFAULT IN ANY FOP,-ECLOSUR~ PROCEEDING OR AlNY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ARW OTHER DEFENSE YOU BELEEVE YOU MAY I-lAVE TO SUCH ACTION B'ff THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BAN]CRUPTCY LAW. Respectfully, Scott Dmmaire ~.~ Collections Counselor if ~m:cls al ~ receipted and ~:egotiated in ]ess than the total amom:t due includin~ legal fees and costs. YVaypoi::t Bank reserves the ri;t:~ to :'ettu':] the ftmds tc~ you and contimte witl~ legal proceedings pel~di~$ :'eceipt of the total amoum due. LOOK FOR US. WE'LL ~Et YOU THERE, December ]5, 2000 The subscriber below of the U. S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certify that an envelope was mailed with postage repaid by First Class Mail from the Waypoint Bank, addressed Lawrence L. Kostelic, Sr., 20 Deer Lane, Carlisle, PA J 7013 properly deposited in the U. $. Mail for deliveoJ this 15tI' day of December, 2000. U. S. Post Office Harrisburg; PA RO. Box 1711, HARRISBURG. Pt~NNSYLVANIA 1710S-1711 Toll FPEE 1-13C~6-WAYPOINT (I-EI6~-~Pg-7646) · v~a~v.wagpointbank.com VERIFICATION I vedfy that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am the Default Coordinator of Waypoint Bank, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. WAYPOINT BANK Dated: By: J~-~ {, ~ Stacy ArmstrOng Default Coordinator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. No. 01-1626-Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149 To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Penna.; (2) against Matthew J. Kostelac and Lawrence L. Kostelac, Sr. Defendants. (3) and index this writ against Matthew J. Kostelac and Lawrence L. Kostelac, Sr., Defendants as a lis pendens against the real property of the Defendant as follows: ALL that certain tract of land, with the improvements thereon erected, situate in Silver Spring Township, Cumberland County, as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $56,227.22 Plus Costs .,~with from 12/6/01 at such rate or rates established by Plaintiff pursuant to the terms of interest the Adjustable Rate Note currently $8.684 per diem, from 12/6/01, late charges from 12/6/01 at 5% of the monthly payment amount, currently $31.28 per month, escrow, currently $224.85 per month from 12/6/01, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate. Dated: · ' Benjamin F. ~iggsl ~ {~s~e Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72:030 ALL THOSE TWO CERTAIN tracts of ground situate in 'the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No. 1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and ~ degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract No. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concret~ ;monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FOREC[.OSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. No. 01-1626-Civil MA'I-rHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AFFIDAVIT PURSUANT TO RULF 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 20 Deer Lane Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s). Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 2. Name and address of Defendant(s) in the Judgment: Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do, indicate) Keystone Financial P.O. Box 1384 Pottstown, PA James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Helen Cernugel cio Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 = Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f/Ida York Federal Savings and Loan Association Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-.1711 Members First Federal Credit Union, f/ida Defense Activities Federal Credit Union Attn: Joyce Baum 5000 Louise Drive Mechanicsburg, PA 17055 Name and address of every other person who has any record lien on their property: Name Not applicable. 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, PA 17013 Name N/A 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: 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: C.//a4,/,~ ~ Benjamin F. ~iggs, J~.,~/~rney for Plaintiff I.D. No. 72030 ALL THOSE TVVO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No. 1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and ~ degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract No. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary I--. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS, No. 01-1626-Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants 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 Matthew' J. Kostelac and Lawrence L. Kostelac, Sr. in favor of Waypoint Bank, f/k/a York Federal Savings and Loan Association for the following: Amount Due Per Complaint .......... $53,538.91 Interest from 2117101 through 12/5/01 (inclusive) at $8.684 per diem ...... $ 2,315.36 Late Charges from 2/17/01 through 12/5/01 (inclusive) at $31.28 per month ........ $ 125.14 Escrow Deficit .................... $ 247.81 TOTAL AMOUNT $56,227.22 with interest from 12/6/01 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $8.684 per diem, from 12/6/01, late charges from 12/6/01 at 5% of the monthly payment amount, currently $31.28 per mon,th, escrow, currently $224.85 per month from 12/6/01, 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 May 23, 2001 a 10-day Default Notice in the above- captioned matter was mailed to the Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr. by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin ~ Riggs, J~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-171 I.D. No. 72030 -._J/...~_~3 ~ ..~" ,2001 Judgment entered by the Prothonotary this day according to the tenor of the above statement, Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND c~)U_N_~, PENNSYLVANIA WAYPO1NT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff ACTION - - MORTGAGE FORECLOSURE No. 01-1626-Civil MA-FI-HEW J. KOSTELAC LAWRENCE L KOSTELAC, SR. Defendants Please Time.-Sta~,-: : and R~um to m~: Thank You CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 23, 2001 10-day Default Notices in the above-captioned matter were mailed to the Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr., by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F. R[ggs, Jr., ~'uire (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil VS. MAq-I'HEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants TO: Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 DATE OF NOTICE: May 23, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING INITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717)~240-62~ Benjamin F. Riggs, J~'-// (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff ACTION - - MORTGAGE FORECLOSURE No. 01-1626-Civil VS, MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants TO: Lawrence L. Kostlac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 DATE OF NOTICE: May 23, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST' YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 Benjamin F. Riggs, Jr., ~,tt~rr)~y for Plaintiff York Federal Savings and L&an Association 101 S. George Street, P.O. Box 15068 York, PA [7405-7068 Phone: (717) 846-8777, Ext. 2309 I.D. No. 72030 OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 Date No. 01~1626-Civil RE: WAYPOINT BANK, F/K/A YORK FEDERAl.. SAVINGS AND LOAN ASSOCIATION, Plaintiff VS: MATTHEW J. KOSTELAC AND LAWRENCE-' L. KOSTELAC, SR., Defendants Notice is given th~ a judgment in the above-captioned matter has been entered against you on June .~_, 2001. PROTHONOTARY OFCUMBERLAND COUNTY If you have any questions concerning the above case, please contact: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff P. Q. Box 1711 Harrisburg, PA 17415-1711 Telephone: (717) 815-4518 (PA Rule of Civil Procedure 236, as revised) OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 1701:3 Telephone: (717) 240-6195 Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 Date No. 01-1626-Civil RE: WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff VS: MATTHEW J. KOSTELAC AND LAWRENCE:. L. KOSTELAC, SR., Defendants Notice is given that a judgment in the above-captioned matter has been entered against you on June ,,~, 2001. PROTHONOTARY OFCUMBERLAND COUNTY Clerk or Dep~'ty If you have any questions concerning the above case, please contact: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff P. O. Box 1711 Harrisburg, PA 17415-1711 Telephone: (717') 815-4518 (PA Rule of Civil Procedure 236, as revised) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS No. 01-1626-Civil AND LOAN ASSOCIATION Plaintiff VS. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants Commonwealth of Pennsylvania County of York Before me, a Notary Public for York County, Pennsylvania, pe]rsonally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendants abow.~ named are not in the military service of the United States of America, that he has personal knowledge that the said Defendants Matthew J. Kostelac and Lawrence L. Kostelac's last-known address is 323 Somerset Drive, Shiremanstown, Pennsylvania 17011. Sworn and subscribed before me this ,,~ day of June, 2001 /-Notary Public Benjam n F..,C~iggs, Jr.,~ Attorney for Plaintiff I.D. No. 72030 My Commission expires: Notarial Bridget C. Gallagher, Notary Public . York, York County ~My Commission Expires Feb. 22, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants No. 01-1626-Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL. PROCEDURE 3129 ? TO: Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on December 5, 2001, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION A'i-I'ACHE D) THE LOCATION of your property to be sold is: 20 Deer Lane Carlisle, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 01-1626-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Matthew J. Kostelac Lawrence L. Kostelac, Sr. A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within 'ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas .of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: ~,,/,~/-,-/z) / Benjamin ~. Riggs, Attorney for the Plaintiff (I.D. #72030) ALL THOSE TVVO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly 19ounded and described as follows, to wit: Tract No. 1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and % degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract No. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary I:!. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five 'Foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carllisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded ill the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. No. 01-1626-Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for Waypoint Bank, f/k/a York Federal Savings and Loan Association, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the,v"/~day of June, 2001, a Notice of Sheriffs Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Keystone Financial P.O. Box 1384 Pottstown, PA James C. Costpoulos 13 South Hanover Street Carlisle, PA 17013 Helen Cernugel cio Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 Sworn and subscribed to before me this,a ?"eday of June, 2001 ry Public My Commission expires: Members First Federal Credit Union f/k/a Defense Activities Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Attn: Joyce Baum Copy of Proof of Mailing is attached hereto. Attorney for the Plaintiff I.D. #7203O Notarial Seal Bridget C. Gallagher, Notary Public · York, York Counly , LMY Commission Expires Feb. ,.)2, 2003 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND ~NTERNATIDNAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER ~ ,,,~ei,,ed ~r,~AY P O i N T ~ANt~. ATTN: LEGAL DEPT. I~ ~ ~ 1711 HARRISBUr(~. PA 17105-17,1 Affix fee here in stamps or meter Dosta~le and of nt PS Form 3817, Mar. 1989 One piece of ordinary mail addressed to: 33us~/ PS Form 3817, Mar, 1989 u.s. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here Jn stamps MAY BE USED FOR DOMEST C AND INTERNATIEiNAL MAIL, DOES NOT or meter postage and PROVIDE FOR INSURANCE--POSTMASTER post mark. IBquire of Postmaster for current Rece'ved Fr°~NAYPOINT BANK ATTN~ L~G~.L nFPT Re, BOX PS Form 3817, Mar. 1989 One piece of ordinary mai~ addressed to: - '.- IN THE COURT OF COMMON PLEAS Of CUMI~3ERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS, No. 01-1626-Civil MA'II'HEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants PRAECIPE TO REINSTATE-- Please re-instate the above captioned matter. Benjami~~r.~~ Attorney for Plaintiff Waypoint Ba~nk, f/k/a Harris Savings Bank and York Federal Savings and Loan Association P.O. Box 17111 Harrisburg, F'A 17105-1711 (717) 815-4518 SHERIFF'S CASE NO: 2001-01626 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS KOSTELAC MATTHEW J ET AL CPL MICHAEL BARRICK Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE KOSTELAC MATTHEW J RETURN - REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 1436:00 HOURS, on the 2nd day of May at 323 SOMERSET DRIVE , 2001 SHIREMANSTOWN, PA 17011 LAWRENCE L. KOSTELAC SR a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.44 Affidavit .00 Surcharge 10.00 .00 35.44 Sworn and Subscribed to before me this q ~ day of ~ ~t~oI A.D. /~othonotary ' ' So Answers: R. Thomas Kline 05/03/2001 WAYPOINT BAlqK '-- Deput~ ~iff ~ SHERIFF'S RETURN - CASE NO: 2001-01626 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BAI~K VS KOSTELAC MATTHEW J ET AL CPL MICHAEL BARRICK REGULAR Cumberland County, Pennsylvania, says, the within COMPLAINT - KOSTELAC LAWRENCE L SR , Sheriff or Deputy Sheriff of who being duly sworn according to law, MORT FORE was served upon the DEFENDANT , at 1436:00 HOURS, at 3232 SOMERSET DRIVE SHIREMANSTOWN, PA 17011 on the 2nd day of May , 2001 by kanding to LAWRENCE L. KOSTELAC SR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 9 ~ day of ~ ~! A.D. Pr6t~onotary ' ' ' So Answers: R. Thomas Kline 05/03/2001 WAYPOINT BAIqK Deputy S~eriff ~'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil VS, MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants CERTIFICATE OF SERVICF_ I HEREBY CERTIFY that on May 23, 2001 10-day Default Notices in the above-captioned matter were mailed to the Defendants Matthew J. Kostelac and Lawrence L. Kostelac, Sr., by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F R[ggs, Jr, ~s'fl'uire (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA '17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil VS. MATTHEW J. KOSTELAC LAWRENCE L KOSTELAC, SR. Defendants TO: Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 DATE OF NOTICE: May 23, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOP, Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717 240-62 ~ Benjamin F. Riggs, Jr~'~ (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105--1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 01-1626-Civil VS. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants TO: Lawrence L. Kostlac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 DATE OF NOTICE: May 23, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 101S. George Street, P.O. Bo~: 15068 York, PA 17405-7068 Phone: (717) 848-8777, Ext. 2309 I.D. No. 72030 IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. No. 01-1626-Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants ORDER AND NOW, this ,~'"{"~A' day of February, 2002, upon consideration of Plaintiff's Motion to Continue Sheriff's Sale it is hereby ORDERED that Plaintiff is authorized to continue the March 6, 2002 Sheriff's Sale to May 8, 2002 to allow ample time to serve lien creditors with the Notice Pursuant to Pa. R.C.P. 3129.2. Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS No. 01-1626-Civil AND LOAN ASSOCIATION Plaintiff VS. MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants MOTION TO CONTINUE SHERIFF'S SALE AND NOW, comes Waypoint Bank, f/Ida York Federal Savings and Loan Association, by and through its attorney, Benjamin F. Riggs, Jr., moves this Honorable Court as follows: 1. On or about March 21, 2001 Waypoint Rank, f/Ida York Federal Savings and Loan Association (hereinafter "PlaintifF') filed its Complaint in Mortgage Foreclosure against Matthew J. Kostelac and Lawrence L. Kostelac (hereinafter "Defendants"). 2. Defendants were served with PlaintifFs Complaint on May 2, 2001. 3. Plaintiff entered default judgment against the Defendants on June 28, 2001 setting the property for the SherifFs Sale on December 5, 2001. 4. Plaintiff has been unable to execute on the mortgaged premises as Defendant Matthew J. Kostelac filed Chapter 7 bankruptcy on November 21, 2001 with United States Bankruptcy Court for the Middle District of PennsyLvania. 5. Plaintiff filed a Motion for Relief from thE; Automatic Stay on January 11, 2002. Defendant Matthew J. Kostelac filed an Answer to PlaintifFs Motion for Relief on or about January 25, 2002. The Motion for Relief is scheduled for a hearing with Judge Woodside on March 5, 2002 at 10:30 a.m. 6. Plaintiff now must continue the March 6, 2002 Sheriff's Sale as additional lien creditors have entered judgments against Defendant Matthew J. Kostelac, and Plaintiff has been unable to provide the necessary notification of the Notice Pursuant to Pa.R.C.P. 3129.2. WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association is requesting that this Honorable Court allow Plaintiff to continue the March 6, 2002 Sheriff's Sale to May 8, 2002 to allow Plaintiff ample time to notify the lien creditors of the Sheriff's Sale. Respectfully submitted, Benjahlir)/F. Riggs~,OJ'rL_J Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17101-1711 (717) 8;15-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CIJMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION PLaintiff rS, Nc). 01-1626-Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 20 Deer Lane Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s). Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 2. Name and address of Defendant(s) in the Judgment: Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 1'7011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) Keystone Financial 433 South 18th Street Camp Hill, PA 17011 James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Helen Cernugel cio Edward L, Schorpp, Esquire 10 East High Street Carlisle, PA 17013 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 Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Members First Federal Credit Union, f/k/a Defense Activities Federal Credit Union Attn: Joyce Baum 5000 Louise Drive Mechanicsburg, PA 1;'055 Name and address of every other person who has any record lien on their property: Name Not applicable. Address (if address cannot be reasonably ascertained, please do indicate) Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please dc) indicate) South Hanover and High Streets Carlisle, PA 17013 Name 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: 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: Benjami~~y for Plaintiff I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS, No. 01-1626-Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants SECOND AMENDED 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/Ida York Federal Savings and Loan Association, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the day of March, 2002, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Keystone Financial 433 South 18th Street Camp Hill, PA 17011 Copy of Proof of Mailing is attached Ihereto. Sworn and subscribed to : before me this/,~'C4day of March, 2002 : Notary Public My Commission expires: Attorney for' the Plaintiff I.D. #72030 J" Notarial Seal Brida~ C. Gallagher, Notary Public ¢:~rk, York County My Commission Expires Feb. 22, 2003 ALL THOSE 'I'VVO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No. 1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and ~ degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract No. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the (;enter line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carliisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in~ the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank VS Matthew J. Kostelac and Lawrence L. Kostelac, Sr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1626 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Benjamin Riggs. Sheriff's Costs: Docketing 30.00 Surcharge 40.00 Posting Handbills 30.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 14.95 Levy 30.00 Out of County Postpone Sale 40.00 Advertising 30.00 Certified Mail 4.56 Poundage 10.90 Law Journal 432.80 Patriot News 309.63 $1000.00 P~d by attorney 05-07-02 Sworn and subscribed to before me This 2002, A.D. Prothonotary So Answ_,ers.3~ ~,. R. Thomas Kline, Sheriff Re~l Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT C,OMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO TO '[HE SHERIFf: Of: IFom 01~-1626 _ CIVIL CIVIL ACTION - LAW Clrnberland COUN f Y [o sahsfy lhe debl, mleresl and cosls due Waypoint B~nk, F/K/A York F~eral Sav~gs ~d ~an Ass~iation ' ~- ~tthew J. Kostelac ~d La~ence L. ~stelac, Sr. 323 ~erset Drive, PLAINTIFF(S) _Sh~st~, PA 17011 ....... ~ .............. ._DEFENDANT(S) (1) You are directed to levy upon the propedy of the defendan[(s) and to sell ~e ~qa~scription (2) You are also directed to attach the property of the defendant(s) no:' levied upon in the possession of GARNISHEE(S) as follows and to noilly the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If properly of the defendant(s) not levied upon an subject to attachmenll is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated Amounl Due $56,227.22 L L $. 50 Interest -- Due Prothy $1.00 Atiy's Comm ...... % Other Costs Atly Paid __ ___~1~L0,__54 Plainliff Paid t)ale ..... ,],n~.21L. _ Z0~L REQUESTING PARTY Name ._ ~p~,~%q F. PC-Jg'gs, Or.,_ ~'sq"_ . Address: ~O_ BOX~_171~i _ . _~isbur~h PA 17105-1711 Aflorney for: ~laintif_f_ Telephone:_ 717-815-4~18 Su@reme Cou~ ID No. 72030 Curtis R. Long Prothono ary, Civil Division REAL ESTATE SALE No. Interest i. the real property situated in .~}..It.~.~ ~L~J~-~ T~,. Cumberland County, Pa., known and numbered as: ~ ~and ~his writ and by this :~:~._% p¢-. 1/, ,,cribed on Exhibit "A" filed with oroorated befell1. B~: .¢~,~,~"-~' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. No, 01-1626~Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 20 Deer Lane Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s). Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17011 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 2. Name and address of Defendant(s) in the Judgment: Name Matthew J. Kostelac Address 323 Somerset Drive Shiremanstown, PA 17(:}11 Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) Keystone Financial P.O. Box 1384 Pottstown, PA James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Helen Cernugel cio Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 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 Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Members First Federal Credit Union, f/k/a Defense Activities Federal Credit Union Attn: Joyce Baum 5000 Louise Drive Mechanicsburg, PA 17'055 Name and address of every other person who has any record lien on their property: Name Not applicable. 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, PA 17013 Name N/A 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: 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. Benjamin F. '~iggs, Z.{~rney for Plaintiff I.D. No. 72030 ALL THOSE TWO CERTAIN tracts of ground situate in tl~e Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No. 1: BEGINNING at a post, corner of lands now or formerly ol= John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 83 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and % degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract No. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary F. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostellac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. No. 01-1626-Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Lawrence L. Kostelac, Sr. 323 Somerset Drive Shiremanstown, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on December 5, 2001, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACH ED) THE LOCATION of your property to be sold is: 20 Deer Lane Carlisle, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 01-1626-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Matthew J. Koste!ac Lawrence L. Kostelac, Sr. A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND (:)UT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is ,delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: Benjamin F: Attorney for the Plaintiff (I.D. #72030) ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No. 1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 8:3 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and % degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract No. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is NoAh 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on land now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary IE. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as pad of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff VS. No. 01-1626-Civil MA'I-FHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL. PROCEDURE 3129 ? TO: Matthew J. Kostelac 323 Somerset Drive Shiremanstown, PA 17011 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on December 5, 2001, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South ]Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the b~Jilding and any other improvements erected ol~ the land. (SEE DESCRIPTION A~-FACHED) THE LOCATION of your property to be sold is: 20 Deer Lane Carlisle, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 01-1626-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Matthew J. Kostelac Lawrence L. Kostelac, Sr. A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sate received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Counthouse, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACI-- OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYI-'R AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Attorney for the Plaintiff (I.D. #72030) ALL THOSE TWO CERTAIN tracts of ground situate in the Silver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows, to wit: Tract No. 1: BEGINNING at a post, corner of lands now or formerly of John Kutz, now or formerly of the Heirs of Gordon Leonard, deceased; thence North 8:3 degrees East, 11 perches to a post; thence by land now or formerly of Jacob Shank, South 39 degrees East, 32 perches; thence South 21 and ~ degrees East, 23 perches; thence South 67 degrees West, 19 perches; thence North 23 degrees West, 57 perches to the place of BEGINNING. CONTAING 5 acres and 123 perches, more or less. HAVING THEREON ERECTED a two-story frame dwelling house and barn. Tract No. 2: BEGINNING at a point on the southern side of an existing 16 foot wide private lane, which point is North 67 degrees East, 1320 feet from the center line of Deer Lane as the same is intersected by the southern line of said private lane; thence along the southern line of said private lane, which land exists on la~d now or formerly of Mary E. McCahan, North 67 degrees East, 200 feet to a point on other land now or formerly of Nola Blain Faust Wolf, et vir; thence by said latter land, South 23 degrees East, 400 feet to a point; thence by lands now or formerly of Mary E. McCahan, South 67 degrees West, 200 feet to a point marked by a concrete monument; thence by the same, North 23 degrees West, 400 feet to a point marked by a concrete monument, the place of BEGINNING. CONTAINING 80,000 square feet. SAID premises are under and subject to the use of a five foot wide strip of land along the western boundary of said premises as part of a 10 foot utility easement for the entire depth of 400 feet. The entire 10 foot utility easement to be comprised by using 5 feet from each property abutting said boundary line. BEING KNOWN AND NUMBERED as 20 Deer Lane, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Lawrence L. Kostelac, Sr. and Matthew J. Kostelac by their Deed dated May 8, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on May 19, 2000 in Record Book 221, Page 627, granted and conveyed unto Lawrence L. Kostelac, Sr. and Matthew J. Kostelac, the Defendants herein. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The ~ and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached heroto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23th and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin~ k/lis~aneous Book "M", Volume14, Page317. // / p ~l UBLICATION ............................... __ ~..~/..~ ....... .$ ................................................ COPY T I~{~J~ ....... Sw ntoandsub ' =,~,,=,,i i I' 19thdayo o ber2001AD ~~ I NO'i~AR';' PU~I~- My-c-ornrnission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 308.13 1.50 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above sta~ed dates Probating same Notary Fee(s) Total Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 12, 19, 26, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL F~TATE SALE NO. 2 Writ No. 2001-1626 Civil Waypotnt Bank f/k/a York Federal Savlngs and Loan Association vs. Matthew J. Kostelac and Lawrence L. Kostelac, Sr. At/y.: Benjamin F. Rlggs Jr. ALL THOSE TWO CERTAIN tracts of ground situate in the Sliver Spring Township, Cumberland County, Pennsylvania, as more particularly bounded and described as follows. to wit: Tract No. 1: BEGINNING at a post, comer of lands now or formerly of John Kutz, now or formerly of the Heirs of Gor- don Leonard, deceased: thence Rog r~M. ~lo~~dito'J ~ SWORN TO AND SUBSCRIBED before me this 26 .day of_ OCTOBER, 2001 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. 01-1626-Civil MATTHEW J. KOSTELAC LAWRENCE L. KOSTELAC, SR. Defendants PRAECIPE TO SATISFY Please satisfy the judgment that was filed on June 28, 2001 in the amount of $56,227.22 in relation to the above-referenced matler. Dated: August 30, 2002 Benjamin F. Riggs,~. I Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518