HomeMy WebLinkAbout04-4852IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
CASSIUS J. MULLEN
DEBORAH LEE MULLEN
Defendants
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entedng a wdtten appearance personally or by
attorney and filing in wdting with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so, the case may proceed
without you and a judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSON AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE OF THE
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
EN LA CORTE DE ALEGATOS COMON DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
DIVISION CIVIL
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
contra
: Num. Del Caso.
CASSIUS J. MULLEN
DEBORAH LEE MULLEN
Defendants
AVISO PARA DEFENDER
Conforme a PA RCP NUm. 1018.1
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse
contra de la demanda puestas en las paginas siguientes, usted tienen que tomar acci6n
dentro de veinte (20) dias despu6s que esta Demanda y Aviso es servido, con entrando
por escrito una aparencia personalmente o por un abogado y archivando por escrito
con la Comte sus defensas o objeciones por puestas en esta contra usted. Usted es
advertido que si falla de hacedo el caso puede proceder sin usted y un juzgamiento
puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero
reclamado en la Demanda o por cualquier otto reclama o alivio solicitado por
Demandante. Usted puede perder dinem o propiedad o otms derechos importante
para usted.
USTED DEBE LLEVAR I~STE PAPEL A SU ABOGADO ENSEGUIDA. SI
USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELC:FONO LA OFICINA
FIJADO AQU[ ABA JO. ESTA OFICINA PUEDE PROVEER~ CON INFORMACION DE
COMO CONSEQUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, I~STA OFICINA PUEDE
PROVEERI~ INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE A UN HONORARIO REDUCIDO O
GRATIS.
LAWYER REFERRAL SERVICE OF THE
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
CASSIUS J. MULLEN
DEBORAH LEE MULLEN
Defendants
COMPLAINT
AND NOW, comes Plaintiff, Waypoint Bank, f/k/a York Federal Savings and Loan
Association and Hards Savings Bank, by and through its attorney, Benjamin F. Riggs,
Jr., and complains of Defendant(s), Cassius J. Mullen and Deborah Lee Mullen, as
follows:
Parties
1. The Plaintiff is Waypoint Bank, a corporation organized and existing under
the laws of the United States of America, and it is registered to do business in
Pennsylvania, with offices for the purpose of doing business at 235 North 2nd Street,
P.O. Box 1711, Harrisburg, Pennsylvania 17105-1711.
2. The Defendants are Cassius J. Mullen and Deborah Lee Multen who are
husband and wife and are adult individuals residing at 241 Old Stonehouse Road,
Carlisle, Pennsylvania 17013 and are the mortgagors and real owners of the
Mortgaged Premises located at 241 Old Stonehouse Road, Carlisle, Pennsylvania
17013, Cumberland County, having acquired title by Deed dated November 9, 1995,
and recorded on November 14, 1995, in the Cumberland County, Pennsylvania,
Recorder's Office in Record Book 131, Page 143.
Mortgage
3. On or about July 6, 2001, 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 July 10, 2001
in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1727,
Page 797. A true and correct copy of said Mortgage is attached hereto, made a part
hereof, incorporated herein by reference, and marked "Exhibit A".
Assiclnments
4. There have been no assignments of said Mortgage.
Default
5. 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 May 1,
2004 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 May 1,2004.
6. 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.
7. By reason of the default, the following amounts are due in accordance
with the terms of said Mortgage:
Unpaid Principal Balance
$44,427.52
Interest from 4/1/04 to 9/9/04
(inclusive) at $10.0297 per diem
$ 1,895.60
Late Charges from 5/1/04 to 9/9/04
(inclusive) at $48.48 per month
$ 193.92
Attorney's Fees 15%
$ 6,664.13
TOTAL AMOUNT DUE
$53.181.17
Compliance with Homeowners' Emeraency Assistance Act
8. The Temporary Stay as provided by the Homeowner's Emergency
Mortgage Assistance Program, Act 91 of 1983, has terminated because either:
(i) Defendant has failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiffs wdtten Notice to Defendant, a true and
correct copy of which is attached hereto as "Exhibit B"; or
(ii) Defendant's application for assistance has been rejected by the
Pennsylvania Housing Finance Agency.
InaPplicability of Loan Interest and Protection Law
9. 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 Defendant(s) pursuant to said Act,
because said Mortgage is not a "residential mortgage" within the meaning of said Act.
WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan
Association and Harris Savings Bank preys for judgment in its favor and against
Defendant(s), Cassius J. Mullen and Deborah Lee Mullen, in the amount of Fifty-Three
Thousand One Hundred Eighty-One and 17/100 Dollars ($53,181.17), with interest
thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms
of the Note, currently $10.0297 per diem, from September 10, 2004, late charges at 5%
of the monthly payment amount, currently $48.48 per month from September 10, 2004,
attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the
foreclosure and sale of the mortgaged premises; and for any and all other relief as the
Court deems appropriate.
Dated: September ~-, 2004 By:Benjamin~F, ~g~s,~ig
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D, No. 72030
THIS MORTGAGE made this 6
Waypoint Bank and its successors and assigns
2nd and Pine Streets
Harrisburg, Pennsylvania 17101 /7~'/
day ofOU[ ¥ 01
between CASSZUS J NDf.T,~
and D]]30~z~ T,~, NOr
of, 241 OLD STOND HOUSE ROAD C2~LIST,R., PA 17013 ,as Mortgagor, and
Waypoint Bank and its successors and assigns of Harrisburg, Pennsylvania as Mortgagee.
WITNESSETH that the Mortgagor has executed and delivered to the Mortgagee a Note/Agreement on this date in
the face amount of $ 50000.00 with interest thereon at the rate specified therein requiring
the performance of all the terms, covenants and conditions therein contained; all of which are made an integral
part hereof and incorporated herein by reference. As evidence of said indebtedness of Mortgagor to Mortgagee,
and as security for payment of said Note/Agreement with interest and in consideration of $1.00 paid by
Mortgagee, the Mortgagor does hereby bargain, sell, grant and convey unto Mortgagee:
ALL THAT CERTAIN piece of land together with all improvements thereon erected situate in:
1. CAP. LISLe, MIDDLF~qEX
and PA , known as: 1
, County ott~ZB~
, County of
, County of
241 OLD STONE HOUSE ROAD CARLISLE PA 17013
3
For title into the Mortgagor see Deed recorded in the County of CEIv~
1 in: Deed Book 131 , Volume
See Attacbued 2bch~bit A
2 in: Deed Book . Volume
3 in: Deed Book , Volume_
TOGETHER with all buildings, improvements, rights of way, rights
appurtenances, and the reversions, remainders, rents, issues and profits thereof.
, Page 143
, Page
and privileges,
Mortgagor covenants and warrants that Mortgagor has full fee simple title to premises above described; that the
buildings on the premises shall be kept insured against loss by fire and other casualty for benefit of Mortgagee in
amounts satisfactory to Mortgagee, with standard Mortgagee clause; and Mortgagor will pay any tax,
assessment, municipal or other governmental charge, including water and sewer rents charged to said premises,
and will deliver to Mortgagee receipts therefor immediately upon demand.
Provided that if said Note is paid in accordance with its terms and if all other terms, conditions, and covenants of
this mortgage and the aforesaid Note are performed, the estate hereby granted shall cease end this mortgage
shall be void and of no effect.
The transfer of any interest in the property mortgaged herein without the prior written consent of Mortgagee,
except for a leasehold interest for three years or less, not containing an option to purchase, is a default
hereunder.
In the event of default hereunder or under the terms of the note, the entire balance of the debt shall fall due and
Mortgagee may institute an action of mortgage foreclosure hereon. If Mortgagee retains an attorney to institute
action on said Note or an action of foreclosure on this mortgage, Mortgagor shall pay, in addition to the principal,
interest and costs, an attorney's collection fee of 15% of the principal balance then due; and if a judgment is
entered in favor of Mortgagee against Mortgagor in said suit and Mortgagee thereafter secures a Writ of
Execution or other appropriate writ, Mortgagor waives all rights and benefits under any and all laws or rules of
the court now or hereafter in effect, granting or permitting any exemption or stay of execution against the
mortgaged premises or any other property whatsoever, and such judgment shall bear interest at the applicable
rate until the full amount due Mortgagee is actually paid.
The word "Mortgagee" shall be construed to include successors and assigns of Mortgagee, and the word
"Mortgagor" shall be construed to include the respective heirs, executors, administrators, successors and assigns
of Mortgagor. If there is more than one party named herein as a Mortgagor, the word "Mortgagor", whenever
occurring, shall be deemed and taken to be the plural; and all covenants, waivers, warrants, promises, and
releases by, and the obligations or liabilities imposed upon, Mortgagor under this mortgage shall bind them jointly
and severally, together with each of their respective heirs, executors, administrators, successors and assigns.
Any forbearances by Mortgagee in exercising any right or remedy hereunder, or otherwise permitted by law, shall
not be a waiver of or preclude the exercise of any such right or remedy.
Witnessed and dei~gerBd ~n the presence of:
. /'~ / ,.,' /
day and year first above written.
Bt(I 727PI;0797
(SEAL)
(SEAL)
(SEAL)
(SEAL)
GOVERNING LAW: Terms following a [] apply when checked.
[] If the Mortgaged Property is located within the Gommoowealth of Pennsylvania, then this
agreement shall be governed by the laws of the Commonwealth of Pennsylvania, except to the extent
that such laws have been preempted or superseded by Federal Law.
[]If the Mortgaged Property is located within the State of Maryland, then this agreement shall be
governed by the laws of the State of Maryland, except to the extent that such laws have been
preempted or superseded by Federal Law. If this Agreement is governed by the laws of the State of
Maryland, then the Lender elects to have this Agreement governed by Tit~e 12 of the Commercial Law
Article of the Annotated Code of Maryland.
[] Subtitle 9, Credit Grantors Open - End Provisions
[] Subtitle 10, Credit Grantors Closed - End Provisions
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
On this, the 6th day of JULY O1 , before me the undersigned
anneared CASSIUS J MULLEN AND DEBORAH LEE MULLEN
officer,
personally
r-r --
known to me (or satisfactorily proven) to be the person(s) whose name(s) is (are) subscribed to the
within instrument, and acknowledged that (he, she, or they) executed the stone for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereto set my hand and notarial seal.
[ Notadal Seal
I HEREBY CERTIFY that the precise residence of the Mortgagee(s) and person entitled to interest on
this Mortgage is Waypoint Bank, 2nd and Pine Streets, Harrisburg, Pennsylvania 17101.
BI(I 727P 0798
_ , 1 , ' '~ '
_TIJL 05-2~3FI1 14:5.2 hIA'~'F'FIHIT E',,qlll '~ '~ ,, .= - F'.llE, 15
Leg~ DeScription:
T~CT ND, q: Alt ~at ce~ln t~Gt of land N~a~ in ~ddte~x Townahip~
Cumberland Count, Pann~lvanl~ ~m ~culady ~unded and dec.bed
ao~o~a~ wl~ a ~ey by Tho~ ~ N~ R,~. daffid Sep~mber t 1, 1~7S, and
mvi~d De.tuber 2~, ~97~, e~ follows:
BEGINNING at ~ Iron pin on the ~a~m dadtca~ Hght of ~y line ol LegislaUva
~ 2t028~ ~id Iron pin ~lng at ~e sou~ co.er ~ o~er land of John
Ou~, III; ~onc~ along ~o eea~m dndl~md ~g~ of way I1~ of ~glaladve
~um 21028, No~ ~ dogmas 3B minute Wost 125.~5 f~t m a point; ~ence
along a cu~e ~ ~e right web a ~lus of 2S fee~ an a~ dJs~nce of 3B.93 feet
a point on ~e easmm side of a pm~s~ 5o foot s~et; ~ence along ~e
~id~ of; proposed ~0 foot atme~ NO~ ~ dogmas 3~ minums 20 seconds East
2~.30 feet~ an iron pin; ~ee So~ ~ degas 24 min~s ~ ~conda
1~ feet ~ an iron pin; ~an;e along ~e ~a~m line of o~er pmpe~ of John
Du~an, III, SOU~ ~ dogmas 35 mlnu~ 20 ~conda ~st 296 feet ~ an Iron pin
o~ ~e eaa~rn dadi~d ~ht ~f ~y fine of ~gisla~va Rou~ 21028~ the ~ace
BEGINNING,
CONTAINING 1.D~2 ~ and being ~t No. 3A on the mvl~d ~bdidsion plan
for Linden Hall Fa~ raco~ed in ~e Cumbeda~ Coun~ ~co~arof ~eds
O~e in PI~ Beck27, ~ge
UNDE~ AND SU~ECT, neVe~ele~, ~ ~ condi~ona and resections ~m
pa~ul~y mtfo~ In ~ed ~ok "S", Volume 2&~ ~ga
T~CT ND. ~: ~L ~at ce~ln tm~t at iand si~a~ In Middle~x To~ahip~
Cumberland Count, Pen~s~lv~la, bounded and de~Hbed according ~ a
dasd July ~ 1eTA by Thomas ~ Neff~ ~gls~md 8u~eyor~ as follows:
B~INNING at an Iron pin at ~e casein line of Legislative ~um 210~ {50 feet
wide, and having an e~ng right of ~y wid~ of aa ~t), which ~ beginning
point is ~l~a~d South ~ dogmas 38 mlnu~l ~st a dl~ce of 5B~04 feet from
~e comet of pmpe~ af ~ W, Mu~lmani ~en~e ~m said ~ginning point
by o~er prupe~ el E~lyn S. ~ ~ follo~ng ~me ~our~a and
die.noes: (1) No~ ~ dogmas aS minute 20 ~conds ~ 2a6.00 ~et ~ an Iron
pin; 12) Sou~ ~ degrees 24 minute ~ s~onda ~at ~$.o0 ~et ~ an iron
~e pmpe~ line and 2S ~et dis~nt ~m ~e ~en~r line ~ ~gl~a~ve ~u~
21028; ~enoe bv ~ld pmpe~ line ~ feat dls~nt ~m the cantor line ~
~gisla~va ~u~ 2t0~ No~ ~ degrees 24 minu~s ~ ~oondm West
feetm an Iron pin~ the place of BEGINNIflG.
CONTAINING 2.011 at:ms.
UNDER AND SUBJECT, never~slsu, 10 ltle conditions and restrictions mom
pmtioulady ~at forth in Deed Book "W", Volume 24, P~ie,3SS... c
i t ermy this to be recorded
T X,o In Cumberland County PA
...l?mcorder of Deeds
FROM:Ti7 852
Installment Note and WAYPOINT BANK
Security Agreement
No. 1751007683
$ 50000.00 July 6, 2001
w,m i.~erest e~ th, ~.~e gl 8. 490 % per annum on the u.paid balance in 180 successi',,e e~or, m,¥ m~,*.m.,,~ o~ ~ 492. 08
the tics[ his[aliment [o be due and pByable on Ihe 5 day ~t , 2001 . succe&sive ins[el~meflts to be due and payable off ~he like da'
07/05/16 ,r any ins,allmen, ts Is,e, B ........ 9rase [ha, addkiona, cha,ses for ~nt ...... ill be due a, ,he started rats due at [he s,a~ad Cate due ~o the non-,educ,~on
LATE CHARGES
If any installment is late, by more than 15 days Sorrower agrees to pay a late charge $ 20.00 OR 10 % of the ~ate payment wh)ch ever is ~ greeter ~ lesse~
SECURITY INTEREST AND COLLATERAL
~ Granted by the Collateral MoCtgage dated
for the following real estate
PA 17013
INSURANCE
CREDIT INSURANCE
CREDIT INSURANCE IS NOT REQUIRED; Subject to acceplaece by ~he insurer nar~]ad below, credi( ~nsurance is available throu§h us for the term of ~his Note at the cost(s) shown below:
PREPAYMENT
WAIVERS
DEFAULT
ASSUMPTION AND PROVISIONS AFFECTING REAL ESTATE
REMEDIES
DEBORAH T,'gE, IvIlr,l-,'k-~
241 OLD STONE HO~SE ROAD ,
(SEAL)
CARLISLE, PA .~'~(115
(SEALI
Address
(SEAL}
CLO 103 12/95 Adarass
July 14, 2004
ACT 91 & ACT 6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortaaae 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 Daces.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (]B[~') mat' be able to held to
save your home. This notice explains how the Dro_oram works.
To see if H]~IVk&P can helD. you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY ~rEI'HIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counselin,o Aaencv.
The name, address and phone number of Consumer Credit Counselin~o A~oencies
servinff your Count3, are listed at the end of this Notice. If you have any questions, you may
call the Pennsylvania Housinff Finance A~oencv toll free at 1-800-342-2397. (Persons with
impaired hearina can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to
help explain it. You may also want to contact an attorney in your area. The
local bar association may be able to help you find a lawyer.
LA NOTI~ICACION EN Al)JUNTO ES DE SU1VIA 12VFPORTANCIA, pLTES AFECTA SU
DE1LECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMI>RENDE EL CONTENIDO
DE ESTA NOTI~ICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NIJM]ERO NI]ENCIONADO ARRIBA. PIJEDES SER ELEGIBLE PARA LrN PRESTAIMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVA_R SU CASA DE LA PERDII)A DEL DERECFIO A
REDIIVIIR SU H I POTECA.
I~O. ~3ox 171 I, HARRISBURg, P{~NNSYLVANIA 171OE;-1711
Trill ~¢~ I-I:I~::;IC:~-WAYPOINT (I-8~;6;-9~9-76;41~1 ' IN YORK AR~A ?IT/EIIE;-4500 ' www.waklpointbank.eorn
BOMEOWNER'S NAME (S): _Cassius J Mullen
PROPERTY ADDRESS:
_241 Old Stonehouse Rd, Carlisle, PA 17013__
1VL~ILING ADDRESS:
_241 Old Stonehouse Rd, Carlisle, PA 17013
LOAN ACCT.NO.:
1751007683
ORIGINAL LENI)ER:
_Waypoint Bank
C~NT LENDER/SERSqCER: ~TavDoint Bank
HOMEOWNER'S EM]gRGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSIST.ANCE ~rI:llCtt CA~N SAVE YOUR HO1VEE
FROM FORECLOSURE .MND I-IELP YOU MAKE Fl[ TURE MORTGAGE PAYM~ENTS
EF YOU CONEPLY WITH TH]E PROVISIONS OF TI-[E HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (TIKE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE
· 117 YOUR DEFAULT HAS BEEN CAUSED BY CI~CUMST~ANCES BEYOND YOLrR
CONTROL,
· 13' YOU [lAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
· 13' YOU M~ET OTE[ER ELIGIBILITY REQ~M~NTS ESTABLISI:LED BY TItE
TEMPORARY STAY OF FORECLOSIfRE---Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for tturty (30) days from the date oftb/s Notice. During that time you
must arrange and attend a "face-to-face" meeting with one of tl~e consumer credit counseling agencies listed
at the end of this Notice. TI]frS M2EETING MUST OCCUR WITltlN 'I'Hv; NEXT THIRTY (30)
DAYS. EF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF TFIIS NOTICE CALLED "HOW TO CLrRE
YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCI]gS---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 desimaated
consumer credit oounsel/ng aeencies for the county in wh/ch the property is located are set forth at the end
of this Notice. It is only neoessary to schedule one face-to-fane 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 a~d are unable to resolve this problem with the lender, you have the fight to apply
for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you
must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one
of the desigmated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agenmes have applications for the pro.am and they will assist you msuhmirting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days ofyoar face-to-face meeting.
YOU NIIJST FILE YOUR APPLICATION PROMPTLY. IF YOU FAJ[L TO DO SO OR IF
YOU DO NOT FOLLOW THE OTItER TIIV[E PERIODS SET FORTH IN THIS LETTER,
FORECLOS~ MAY PROCEED AGAINST YOUR HOME IMMTEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTiON---Available ftmds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eli~mbility criteria established by the Act. The Pennsylvania
Housing Finance Agency has s/xty (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
yom' application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY TI:InE FILING OF A PETITION IN
BANKRUPTCY, TI]~ FOLLOWING P.~RT OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY ~42qD SHOULD NOT BE CONSIDERED AS AN ATTEMnPT TO COLLECT
'I'I~LE DEBT. (If you have filed bankTuptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brinz it ul~ to date~.
NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property
located at: _ 241 Old Stonehouse Rd, Carlisle, PA 17013
IS SEP,/OUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:_Payments of $484.78 due each for the months of May, June and
July 2004. __
B. Other charges: _Late Charge $96.96
TOTAL AMOUNT PASTDLrE: _$1,551.30
YOU HA\qE FAILED TO TAKE TI-IE FOLLOWING ACTION:
HOW TO CURE TI:[E DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING I'HE TOTAL AMOUNT PAST DUE TO TltE LENDER, WHICH IS
$1,551.30 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check,
certified check or money order made l>avable and sent to:
Wavpoint Bank
449 Eiserrhower Boulevard
Harrisburg, PA 17111
IF YOU DO NOT CURE TH 14; DEFAULT--If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. Th/s
means that the entire outstanding balance of this debt will be considered due immediately and you may lose
the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIPxTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to
ibreclose ulum your mort~oa~ed proDertv.
IF TIlE MORTGAGE IS FORECLOSED UPON---The mortgaged property will be sold by the She~dff
to pa5, off the mm~gage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attoruey's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed
5;50.00. Any attorney's fees will be added to the mnoant you owe the lender, which may also include other
reasonable costs. If you cure the default within the TI-H-RTY (30) DAY period, you will not be
retluired to Day attorney's fees.
OTHI~;R LENDER REN[EDIES---The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CUR~ THE DEFAULT PRIOR TO SHERIFF'S S.&LE---If you have not cured the default
within the THIRTY (30) DAY pehod and foreclosure proceedings have begun, you still have the haht to
cure the default and prevent the sale at any time ul> to one hour before the Sheriff's sale. You mav do so bv
pavina the total amount then past due, r~lus any late or other charaes then due, reasonable attorney's fees and
costs co~mected with the foreclosure sale and any other costs comaected with the Sheriff's Sale as sl3ecif~ed
in writin2 by the lender and bv Derformina any other reCuirements under the mort~aae. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLI3EST POSSIBLE SHERIFF'S SALE DATE---R is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be appro~dmately four months from the
date of this Notice. A notice of the actual date of the Sherif-Ps Sale will be seut 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
time exactly what the required payment or action will be by contracting the lender.
HOW TO CONTACT TlJJE LENDER:
Name of Lender:
Address:
Phone number:
Fax Number:
Contact Person:
Wavooint Bank
149 Eiserzhower Blvd., Harrisburg, PA 17111
(7173 909-2776 or 1-866-929-7646 ext. 2776
(717) 909-2780
Carlos Asl~iaz'u
EFFECT OF SIt3IgRIFF'S SALE---You should realize that a SherifPs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any t/me.
ASSUMPTION OF MORTGAGE---You may or X may not (CHECK ONE) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE TI-YE, RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM .;~NOTFIER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
· TO HAVE TI-IlS DEFAULT CUP~ED BY ANY TH12P, D PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS ~ NO
DEFAULT HAD OCCURP~D, ~ YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE TH/S RIGHT TO CUR~ YOUR DEFAULT MORE THAN THREE TIMES
ANY CALENDAR YIEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSUR~
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
· TO ASSERT AExlY OTHER DEFENSE YOU BELIEVE YOU iVLq. Y HA\qE TO SUCH
ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANtCRUPTCY LAW.
Very Iruly yours,
Carlos Aspiazu
Collection Counselor
CAJnek
If funds are received and negotiated in less than
the total amount due including legal fees and
costs; Waypoint Bank resem~es the right to
return the funds to you and continue ~dth legal
proceedings pending receipt of the total amount
dlle.
CUMBERLAND COUNTY
CREDIT COUNSELING AGENCIES
Fmancisl Cotmselmg Sm:ices of F=snkiSs
31 \lTest 3~a Sn:eat
A:'iynesboro, PA 17268
(717) 762-3285
Adams Court%- Housing _aurAon~?
139-143 Ca,isle Street
Ge~sb~g, PA 17325
(7:7)
$::X (717) 334-8326
Corm:unit57 Action Corem of d~e Capital Region
1514 DeriI Street
Hzrz4sburg, Pa 17104
(717) 232-9757
FAX (717) 234-2227
~O. Box 1711, HARRISBURG. P6NN~YLVANIA 17105-1711
Toll ~r~ I-~I~;-WAYPOINT ([-algE-9~9-76;4(~l · IN YORK AREA 717/Ell~;-zl~O0 · kq~/w.wauDointbank, com
Ju~ t4,2004
7he subscriber below of the L~ S. Post Office located at 5]20 Derry Street Harrisburg PA
17111, does hereby certify that an envelope was mailed with postage prepaid by First Class Mail
from the Waypomt Bank addressed to Cassius J Mullen, 241 Old Stonehouse Rd, Carlisle, PA
7013, properly deposited ~Z S. Mail for delive~ this ] 4n, day of July, 2004.
U. S. Post Office
5120 Derry Street
Harrisburg, PA
Box 171 I, HARRISBURG, PENNSYLVANIA 17105-1711
............ ^-~ '~'~/~-,~.~00 · WVVW.wagpointbank,com
July 14, 2004
ACT 91 & ACT 6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default, and the lender intends
to lhreclose. Specific intbrmation about the nature of the defaultis provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (t~M2kP~ may be able to help to
save your home. This notice explains how the program works.
To see if 1TEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF TEEE DATE OF TltlS NOTICE. Take this Notice with you when
yon meet with the Counselin~o A~oencv.
The name, address and phone number of Consumer Credit Counselin~ A~oencies
servin~ your Count, are listed at the end of this Notice. If you have any questions, you may
call the Pennsylvania E[ousin~ Finance Ao~enev toll free at 1-800-342-2397. (Persons with
impaired hearin~ eau eali (7173 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to
help explain it. You may also want to contact an attorney in your area. The
local bar association may be able to help you find a lawyer.
LA NO'III~ICACION EN Al)JUNTO ES DE SUMA I]VI]?ORTANCIA, PUES AFECTA SU
DEKECItO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO
DE ESTA NOTDelCACION OBTENGA UNA TRADUCCION INNEDITAM2ENTE LLAMANDO
ESTA AGENCIA t-PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUM]ERO M2ENCIONADO 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 PERI)IDA DEL DERECHO A
REDI2VIIR SU HIPOTECA.
RO. Box 1711, HARRISBURS, PENNSYLVANIA 1710~-1711
Tall ~.:: I.I:II~g:;./A/AYDnlIMT II~~ll:;~;.q;~B-7~ag) - IN YORK AR~A 717/81:;-4500 ' www.waupointbank.com
HOMEOWNER'S NAME (S): _Deborah Mullen
PROPERTY ADDRESS:
241 Old Stonehouse Rd, Carlisle, PA 17013__
MAILING ADDRESS:
241 Old Stonehouse Rd, Carlisle, PA 17013
LOAN ACCT,NO.:
1751007683
OR~GINAJ~ LENDER:
_Waypoint Bank
CURI~NT LENDER/SERVICER: WavDoint Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRA1VI
YOU MAY BE ELIGIBLE FOR FINANCEiL ASSISTANCE WEIICtt CAN SAVE YOUR HOME
FROM FORECLOSUR~ AND t{ELP YOU MAK~ FUTURE MORTGAGE PAYMENTS
Itr YOU COMPLY WITH ~ PROVISIONS OF TI-IE FIOMEOWN]ER'S ENEERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (TI:t~ "ACT"), YOU MAY BE ELIGIBLE FOR
E1VIERGENCY MORTGAGE ASSISTANCE
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
· IF YOU ItAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAIWIENTS, AND
· 13' YOU MEET OTItER ELIGIBILITY 1LEQLIII<EMENTS ESTABLISIKED BY TIIE
TEIVlPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for th/try (30) days fi.om the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with one of the consumer credk counseling agencies listed
at the end of tiffs Notice. TEEIS 1VEEETING MUST OCCUR VCJ[TItlN 'I'tiE NEXT THIRTY (30)
DAYS. Ilv YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST
BRING YOUR MORTGAGE UP TO DATE. TI:~ PART OF TI[IS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT", EX_PLA[NS HOW TO BRING YOUR MORTGAGE LIP 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 teleohone numbers of designated
consumer credit counsel/ne a~encies for the county in wh/cb the proCertv is located are set forth at the end
9fthis 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 fight to apply
for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do So, you
must fill out, sign and file a completed Homeowner's Emergency Assistm~ce Program Application with one
of the desigmated consumer credit counseling agencies listed at the end of this Notice. Only consumm- credit
counseling agencies have applications for the program and th%, will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarl~ed
within thi~, (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 TIt2E OTI-EER TI2VI~ PERIODS SET FORTH 1N THIS LETTER,
FORECLOSUR~ MAY PROCEED AGAINST YOUR HOME IiM[MEDIATELY _~gI) YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTiON---Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sLxty (60) days to make a decision after it receives your applicatinn. 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 TlFfl5 FILING OF A PETITION IN
BANKRUPTCY, T~ FOLLOWING PART OF TI~S NOTICE IS FOR INFORM&TION
PURPOSES ONLY AND SHOULD NOT BE CONSII)ERED AS AN ATTEMPT TO COLLECT
TIlE DEBT. (If you have filed bankn:uptcy yon can still apply for Emergency Mortgage Assistance.)
HOW TO CIYRE YOUR MORTGAGE DEFAULT (Brine it u~ to datel.
NATURE OF ~l'lq I~; DEFAULT---The MORTGAGE debt held by the above lender on your property
located at: 241 Old Stonehouse Rd, Carlisle, PA 17013
IS SEPd[OUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTI-tLY MORTGAGE PAYMENTS for the following months and the
following mounts are now past due: _Payments of $484.78 due each for the months of May, June and
July 2004. __
B. Other charges: _Late Charge $96.96
TOTAL AMOUNT PASTDLFE: _$1,551.30
YOU HAVE FAILED TO TAKE Tf-IE FOLLOWING ACTION:
HOW TO CURE TId]E DEFAULT---You may cure the default within TId]JRTY (30) DAYS of the date of
this notice BY PAYING Ttt_E TOTAL AMOUNT PAST DUE TO TEEE LENDER, WI-~Cirl IS
$1,551.30 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DIZE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check,
certified check or money order made 12arable and sent to:
Wawoint Bank
4~9 Eisen_hower Boulevard
Hamsburm PA 17111
IF YOU DO NOT CURE ~ DEFAULT--If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. Th/s
means that the entire outstanding balance of this debt will be considered due nnmediately and you may lose
the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
lbreelose u~on your mort~oa~oed property.
IF TIlE MORTGAGE IS FORECLOSED UPON---Tfxe mortgaged property will be sold by the Sheriff'
to pay off the mmtgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed
$50.00. An), attorney'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 (30) DAY Deriod, you will not be
required to ~a~' attorney's tees.
OTHER LENDER REMZDIES---The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE Tid~ DEFAULT PRIOR TO SH]ElqlFF'S SALE---If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riaht to
cure the default and m-event the sale at any time up to one hour before the Sheri~s sale. You may do so bv
paving the total amount then past due. plus any late or other charaes then due. reasonable aLtomev's lees and
costs cmmected with the foreclosure sale and any other costs cmmected with the Sheriff's Sale as specified
in wntina by the lender and by perforrmna any other requirements under the raortaaae. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SI-I~R.11*F'S SALE DATE---It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately four months from the
date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you wait. You may fred out at any
time exactly what the requ/red payment or action will be by contracting the lender.
HOW TO CONTACT TH]~ LENDER:
Name of Lender:
Address:
Phone number:
Fax Number:
Contact Person:
WavDoint Bank
449 Eisenhower Blvd., Harrisburg. PA 17t 11
(717) 909-2776 or 1-866-929-7646 ext. 2776
(717) 909-2780
Carlos Asmazu
EFFECT OF SIZERIFF'S SALE---You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove yon and your furnishings and other belongings could be started by the lender at
any time.
ASSU1VLPTION OF MORTGAGE--You may or _ X may not (CHECK ONE) sell or lransfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU M_AY ALSO E[AVE TITF RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIR_D PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTOKED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURtLED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT I-LAVE THIS RIGHT TO CLrR~ YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSLFiT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU iVLi_Y HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNT)ER THE FEDERAL BANKRUPTCY LAW.
Very tmty yours,
Carlos Aspiazu
Collection Counselor
CA/nek
If funds are recehTed and negotiated in less than
the total amount due including legal fees and
costs; Waypoint Bank resem~es the right to
return the funds to you and continue ~rith legal
proceedings pending receipt of the total amom~t
dlle.
CUbIBERLAND COUNTT
CREDIT COUNSELING AGENCIES
3CCS o£Wesmm Pe~'msTtv~=~a~
~000 Lmgiesto~m Ao~d
~an'isb~g, P_a 17102
[-888-511-2227
Fmandal Cou_nselmg SaTdces of Frank-]Hx
31 West 3~d Stzeet
Waynesboro, P~k 17268
I717) 762-3285
Uzban Leag2e of Metropolitan Hamsbuzg
N. 6~= Street
Hamisbuzg, PA 17101
(717) 234-5925
F_~Tx~ (717) 234-9459
Adams Count5, Housing A_ur22ozS~
13%143 Ca~2sle Stzeet
Ge~,sburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
Corm,zunity Action CO~T~m of d2e Capkat Region
D ezz-y Street
H~sburg, Pa 17104
232-9757
(717) 234-2227
P.O. Box I711. HARRISBURg. PiSNNSYLVANIA 171OS-1711
Toll ~p~ I-t~{~;-WAYPDINT (]-I~;g-~)-Tg~-g') - IN YORK AR~A 717/E31E-4g00 ' VmNVv.wauDointbank. com
The subscriber below of the U. S. Post Office located at 5120 Derry Street, Harrisburg, PA
17111, does hereby certify that an envelope was mailed with postage prepaid by First Class Mail
fi'om the Waypoint Bank addressed to Deborah Mullen, 24] Old Stonehouse Rcl, Carlisle, PA
] 7013, properly deposited ~ X Mail for delivery this 14th day of July, 2004.
~ S. Post Office
By..
=
5120 Derry Street
Harrisburg, PA
P.O. Box 171 I, HARRISBURG. PENNSYLVANIA 1710~;-1711
T--II C.~e I--t:~:::I:::--IAIAVO~It~IT /I-RR~-qDq-TRZ[RI · IN YORK AR~A 717/815-4500 ' www.wahlpointbank.com
· Cor0plete items 1,2, and 3. AJso complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. ArticleAddressed to:
2, Article Number
(Transfer from sen/ce abe~
PS Form 381 1, February 2004
D. Is delivery add~s different from item 1 ? [] Yes
If YES, enter delivery address below: ~ No
3. Service Type
.~Cettified Mall r-J Express Mail
[] Registered [~ Return Receipt forMemha
[] insured Mail F] C.O.D.
/
4, Restricted Delivery? (Extra Fee) [~ Yes
7004 1160 0D01 9091 6290
Domestic Return Receipt
OFF C A_L USE
.60
2.30
1.75
3.50
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct
to the best of my knowledge, information, and belief. I further verify that I am a Default
Specialist II of Waypoint Bank, and that as such, I am authorized to make this
Verification on its behalf. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities.
WAYPOINT BANK
Dated ~~// 4
Default Specialist II
SHERIFF'S RETURN -
CASE NO: 2004-04852 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK
VS
MULLEN CASSIUS J ET AL
REGULAR
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE
MULLEN CASSIUS J
DEFENDANT at 1419:00
at WALMART PARKING LOT
CARLISLE, PA 17013
CASSIUS MULLEN
a true and attested copy of
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
HOURS, on the 29th day of September,
NOBLE BLVD
by handing to
together with
COMPLAINT & NOTICE
2004
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.30
Affidavit .00
Surcharge 10.00
.00
31.70
Sworn and Subscribed to before
me this /~'~ day of
~ iProthonot&ry /
So Answers:
R. Thomas Kline
09/30/2004
WAYPOINTBy: BAN~
Deputy Sheriff
SHERIFF'S RETURN -
CASE NO: 2004-04:852 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK
VS
MULLEN CASSIUS J ET AL
REGULAR
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT & NOTICE
MULLEN DEBOR3tH LEE
DEFENDANT , at 1738:00 HOURS, on the 29th day of
at 241 OLD STONEHOUSE ROAD
CARLISLE, PA 17013 by handing to
DEBOP~AH MULLEN
a true and attested copy of COMPLAINT & NOTICE
was served upon
the
September,
together with
law,
2004
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 3.70
Affidavit .00
Surcharge 10.00
.00
19.70
Sworn and Subscribed to before
me this ~ day of
(~6.~-~ · ~,~V A.D.
So Answers:
R. Thomas Kline
09/30/2004
WAYPOINT BANK~
By:
FDep~ty Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
CASSIUS J. MULLEN
DEBORAH LEE MULLEN
Defendants:
No. 04-4852 Civil Term
(second mortgage)
PRAECIPE TO DISMISS
Please dismiss without prejudice the Complaint filed on September 27, 2004, in
the above-captioned case.
Dated:
November~--'~, 2004
Benjarnin F./ Riggs, ~r~
Attorney for Plaintiff --
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030