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HomeMy WebLinkAbout04-4998IN 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 Third mortgage 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 entering a written 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 Nam. 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 dentin 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 Corte sus defensas o objeciones por puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otto reclama o alivio solicitado pot Demandante. Usted puede perder dinem o propiedad o otms derechos importante para usted. USTED DEI3E LLEVAR I~STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELE~FONO LA OFICINA FIJADO AQUi ABA JO. ESTA OFICINA PUEDE PROVEER(:: CON INFORMACION DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, E~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 Harris 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 Amedca, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 235 North 2"~ Street, P.O. Box 1711, Harrisburg, Pennsylvania 17105-1711. 2. The Defendants are Cassius J. Mullen and Deborah Lee Mullen 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. Mort~a_~e 3. On or about July 17, 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 18, 2001 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1727, Page 4618. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit A". Assignments 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 pedod 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 Interest from 4/1/04 to 9/9/04 (inclusive) at $2.2358 per diem Late Charges from 5/1/04 to 9/9/04 (inclusive) at $20.00 per month Attorney's Fees 5% TOTAL AMOUNT DUE $14,837.42 $ 359.65 $ 80.00 $ 741.87 $16,018,94 8. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (J) Defendant has failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's 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. Compliance with Homeowners' Ememencv Assistance Act Compliance With Loan Interest and Protection Law 9. Notice of Intention to Foreclose and Rights Under Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101 et seq.), as amended, was sent in accordance with said Act to Defendant on July 14, 204. A true and correct copy of said Notice is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit B". WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank prays for judgment in its favor and against Defendant(s), Cassius J. Mullen and Deborah Lee Mullen, in the amount of Sixteen Thousand Eighteen and 94/100 Dollars ($16,018.94), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Note, currently $2.2358 per diem, from September 10, 2004, late charges at 5.5% of the monthly payment amount, currently $20.00 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 3remises; and for any and all other relief as the Court deems appropriate. Dated: September~__ 2004 B njamin F. Attomey for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 THIS MORTGAGE, dated ~ul¥ 17, DEBORAH I,F~, ~,T,T;~ CARLISLe, PA 17013 OPEN-END MORTGAGE ~ 10'~ (This Mortgage Secures Obligatory Future Advances) ou, residing at 241 O~ ~ ~S~ ,the person or persons signing as "Mortgagor" below, ant us, Waypoint Bank, 235 North Second Street, Harrisburg, Pennsylvania 17101, "the mortgagee". MORTGAGED PREMISES: You mortgaged to us the premises located at _2..~4~[ OLD S"113NB JJ[C)LTSE ROAD" CARLISLE, PA, 17013 the "Premises"). A legal description of the Premise~ iscontainedin the deed dated Nove~' ~g~9~9,~ywhichyouacquiredthePremises, which is recordedat the C~¥~ Count office for the Recording of Deeds, in Deed Book 131 ,on Page{si 1A3 or, if checked, / /on the separate page(s) attached to this Mortgage and calla "Exhibit A". The Premises includes all buildings and other improvements now or later on the Premises and any Bghts or interest which derive from our ownership, use c possession of the Premises You also assign to us any rents of the Premises. LINE OF CREDIT SECURED; This mortgage and assignment of rents will secure all loans we now or are later required to make under [he Prime Line of Credit Account, Agreement with a Credit Limit of $ 15000.00 dated of even date herewith, if not previouslg paid or owing will be due on or before 0~7/17/21 The loan or Jeans made under the Agreement will be made to the below signed rnortgsgor~ (wi]ether one or more persons called the "Borrower"), This Mortgage will a~so secur (il the Borrower's obligationto repay the loan or loans, together with Finance Charges imposed at the fixed er variable rates, and other charges, according to the terms of tf Agreement;till the performance of all Borrower's promises in the Agreement and all of your promises in the Mortgage; (iii) ail sums we may advance to insure, pay taxes on ~ repair the Premises, even though we are not obligated to make any advances on your behalf;Jivlour expenses of collection and enf~rcementin the event of you( er the Borrower default; tv) any sums awarded in any condemnationor eminent domain proceeding involving all or any part of the Premises; and (vi) any extensions, renewals, amendments other modifications of the Agreement. OWNERSHIP: You represent that you are the sole owner{s) of the Premises. You have the legal right to mortgage it to us TAXES;You agree to pay all real estate taxes, assessments, water charges and sewer rents related to the Premise¢ when they come due, You will not claim any credit on,or ma~ deduction from, the sums due on the Agreement because you pay these taxes and charges, You will provide us with proof of payment upon request. MAINTENANCE; You agree to maintain the building(s) on the Premises in good condition. You will not make major changes in the buiidin9(s) except for normalrepairs. Y~ will not tear the building)s} down without first getting our consent, INSURANCE: Your agree to keep building(s)onthe Premises insured at all times against lost by fire, Rood and any other "extendedcov~rage"hazardswe may specify, Youm choos~ the insurance company, but by gout choice is subject to our reasonable approvat The policies must be for at least the amounts and the time periods that we specify, and m~ name us as "Mort§ogee" This means that we will receive payment on all insurance claims, to the extent of our interest under this Mortgage~beforeyou. The polices must provi Witness Witness COMMONWEALTH OF PENNSYLVNIA COUNTY OF CUMBERLAND BE IT REMEMBERED, that on this 17th dayof JULY. 2001 CASSIUS J MULLEN AND DEBORAH LEE MULLEN (SE , before me a Notary Public of the above ,who and who executed the within Mortgage, and thereupon he / she / the~igned, sealed deed, for the uses and purposes expressed in the Mortgage, and desired that it be recorded ~ed CERTIFY THAT THE P~CI~SE R[LSIDJ~NCE ADDRESS OF WAYPOINT BANK, SECOND STR~T~ HA~B~/BURG, PENWSYLVANIA 1 71 0 A~e ni~~~A Y P 0 IN T E CLD-124 2~98 Notarial 8eel My C~¢t. mi~slon Expires July 12, 200, P. I'aou Ici[il T~ b~ oR'chad lo repo~ nurabar 81~33E7 , , T~CT NO~ 1: All that oemin tmutof land si~a~ in Middlesex Township, Cumberland County, Pennsylvani~ more pa~icularly bounded and described in accordance wi~ a sU~ey by Thomas A, Neff, ~S.~ dasd Sep~mber 11, 1975, and revised December 26, ~75, as follows: BEGINNING at an ire. pin on the eus~m dedicated right of way line o{ Legislative Rou~ 21028, said iron pin ~ing at ~e sou~west ~orner of other land of John Durrman, Iii; ~ence along ~e eastern dedica~d right o} way line of Legislative Rou~ 2t028, No~h ~ degrees 38 minute West 125.35 feet ~ a point; ~ence along a cu~e ~ ~e Hght with a radius of 25 fee~ an am dis~nce of 38.93 feet ~ a pein[on the eas~m side of a proposed S0 foot s~eet; thence along the eas~rn aide of a proposed 50 fuot stme~ Na~ ~ degrees 35 ~{nutes 20 seconds East 269.30 feet to an iron pin; thence Sou~ 4S degrees 24 minutes ~ seconds East 15~ feet ~ an iron pin; ~ence along ~e wests line af other pmpe~y of John Durrman, III, South a4 degrees 35 minu~s 20 ~conds West 2~6 feet ~ an ire n pin on ~e eastern dedica~d right of way line of LegislaHve Rou~ 21028, ~e place of BEGINNING, CONTAINING 1.012 acres and being Lot No. 3A on the revised subdivision plan for Linden Hall Farms, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 27, Page 92. UNDER ~,ND SUBJE_CT, nevertheless` to the rand tions and yestrict eps more particularly set forth in Deed Book "S", Volume 26, Page 554. TRACT NQ. 2: ALL that certain tract of land situate in Middla~x Township, Cumberland County, Pennsylvania, bounded and described according to a survey dated July 24, 1972, by Thomas A. Neff, Registered Surveyor, as fallows: BEGINNING at an iron pin at the eastern line of Legislative Route 21028 (~{0 feet wide, and having an existing right of way width of,33 Met), which said beginning point is situated South 44 de§mos 38 minutes East a distance of 594.04 feat from the comer of property of Paul W, Mueselman; thence from said beginning point by other property of Evelyn S. Roberts the following three courses and distances: (1) North 44 degrees 35 minute~ 20 eeconds East 296.00 feet to an iron pin; (2) South 45 degrees 24 minutes 48 seconds East 286.00 feet to an iron pin; (3) South 44 degrees 35 minutes 20 seconds West 296,00 feet to an iron pin on tile property line and 25 fee(L distant from the center line of Legislative Route 21028; thence by said property line 25 feet distant from the center {ina of Legislative Route 21028 North 45 degrees 24 minutes 40 seconds West 296.00 feet Lo an iron pin, the place ol BEGINNING. CONTAINING 2,0tt acres. UNDER AND SUBJECT, nevertheless, to the conditions and restrictions more particularly set fnrtti in Deed Book "W", Volume 24, Page 3S8. TAX I Certify this to be recorded In Cumberland County PA __~ ~ b'LR]6~g .... WAYPOINT BANK 24! 0]~. ~ ~ * HARRISBURG, PENNSYLVANIA 17105 on the 20th day month /he 5th da'/ month · We may make changes that you have algreed to ill writing · We may make changes Ihat unequivocally be.elR you · we rnay make changes to insignificant ~erms of Ibis agreerner*t ff we ale required to send notice of a change in terms, we will sel~d Ihe 8OllCe In your address lis~ed above. (You should inform us of any change in address) S£CURIT¥: We Ilave secured your obligations under this p~af~ by lakillg a security interest (by way of a separate sec(irily agreemenL mortgage or other 241 Old Shine tllL~e Pd. Fging fees NOTICE TO BORROWER: This document contains provisions for a variable interest rate. TYPE RATE SIGNATURES: By signing below, you agree to the terms on both sides et this agreement and you premise to pay any amounts you owe under this have a hJstodca~ movement similar to the original and together with a new ADDITIONAL TERMS HOW THE LOAN IS ADVANCED: When you request a lean, we will advance either the minimum advance listed on the front of the form, or, it more is requested, the smallest multiple of the minimum advance necessary to cover your request. We will make the advance by depositing the amount in your transaction account, by artvancing the money directly to you, or by paying a designated third person or account, depending on how we agree to make the advance. We will record Ihe amount as a loan in your loan account However, we will not ordinarily grant any request for a loan which would cause the unpaid principal of your loan account balance to be greater than the Line of Credit listed on the front of the form. We may, at our option, grant such a request without obligating ourselves to do so in the luiure. ADDITIONAL REPAYMENT TERMS: If your loan account balance on a payment date is less than the minimum payment amount, you must pay only the loan account balance. If you fail to make a payment, we may, but are not required to, advance money ~o you to make the payment. All the terms of this agreement would apply to such a loan. You can pay off all or part of what you owe at any time. However, so long as you owe any amount you must continue to make your periodic minimum payment. The amounts you pay will be applied first ~o any charges you owe other than principal and finance charges, then to any finance charges that are due, and finally to principal. FINAL PAYMENT: On the maturity date listed above, you must pay the amount of any remaining loan account balance outstanding. The minimum payments may not be sufficient to fully repay the principal that is outstanding on your line. If they are not, you will be required to pay the entire outstanding balance in a single balloon payment. We are not obligated to refinance your loan at that time, but will consider your request to do so. If you refinance this account at maturity, you may have to pay some or all of the closing costs normally associated with a new loan even if you obtain financing from us SET-OFF: You agree that we may set-off any amount due and payable under lhe terms of this agreement against your right fo receive money from us, unless prohibited by applicable law. For example, our right of set-off does not apply to an Individual Retirement Account; other tax deferred retirement account; or federal benefit, wage, salary and retirement payments he~d in an electronic transfer account (ETA). In addition, our right of set-off does not apply to an account or other obligation if your rights arise only in a representative capacity or if you can obtain credit under lhis agreement by using a credit card. Your right to receive money from us includes any deposit or sbare account balance you have with us; any money owed to you on an item presented to us or in our possession for collection or exchange; and any repurchase agreement or other non-deposit obligation "Any amount due and payable under the terms of this agreement" means the total amount of which we are entitled to demand payment under Ihe terms of this agreement at the time we set off. DEFAULT: You will be in default on this agreement if any of the following occur: (1) You engage in fraud or materiat misrepresentation in connection with this plan; (2) You fail to make a payment as required by this agreement; (3} Your action or inaction adversely affects the collateral or our rigbts in the collateral REMEDIES: We may terminate your account, require you to pay the entire outstanding balance in one payment and charge you a termination fee (if provided for oR the other side of this agreement), and fees related to the collection of the amount owing, if you are in default in any manner described above. In that instance, we may take other action short of termination, such as charging you a fee if you fail to maintain required property insurance and we purchase insurance. We may also use our right of set-off as explained on the front of the form. Even il we choose not to use one of our remedies when you default, we do not forfeit our right to do so if you default again. If we do not use a remedy when you default, we can still consider your actions as a default in the future. SUSPENSION OF CREDIT AND REDUCTION OF CREDIT LIMIT: We may temporarily prohibit you from obtaining additional extensions of credit, or reduce your credit limit ii: (ti The value of the dwelling securing this home equity line of credit declines s~gniflcantly below its appraised value for purposes of this line; (2) We reasonably believe you will not be able to meet the repayment requirements due to a material change in your financial circumstances; (3) You are in default of a material obligation of this agreement or any agreement securing this agreement, which shall include, but is not limited to, your ongoing obligation to supply us with information we feel we need lo assess your financial condition; (4) A governmental action prevents us from imposing the annuat percenh rate provided for in this agreement; (5) Tile action of a governmental body adversely affects our security inte~ to the extent that the value of the security interest is less than 120°/, the home equity line; {6) The annual percentage rate corresponding to the periodic rate teac the maximum rate allowed under this plan (if provided ior on the ol side of this agreement}; or (7) A regulatory agency has notified us that continued advances wc constitute an unsafe and unsound practice. In the event that we suspend your right to additional advances or red your credit line, we will send you notice of our decision st the address Ii.' on the front of this agreement. (You should inform us of any change in address.) If we have based our decision to suspend or reduce your cr privileges on an assessment of your financial condition or performs under this plan, and you believe that your situation has changed, you n request that we re-evaluate your situation, and reinstate your privileges. CREDIT INFORMATION: You agree to supply us with whatever information reasonably feel we need to decide whether to continue this plan. We ac. to make requests for this inlormation without undue frequency, and to you reasonable time in which to supply the information. You authorize us to make or have made any credit inquiries we feet necessary. You also authorize the persons or agencies to whom we m these inquiries to supply us with the information we request. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information abc transaction on your bill, write us at the address listed on your bill. Write to u soon as possible. We must hear from you no later than 60 days after we you the first bill on which the error or problem appeared. You can telephon( but doing so will not preserve your rights. Iff your letter, give as the following information: · Your name and account number. · The dollar amount of the suspected error. · Describe the error and exptain, if you can, why you believe there is an 6 If you need more information, describe the item you are not sure about. If you have authorized us to pay your bill automatically from your savi checkin9, share draft or other account, you can stop the payment on amount you think is wrong To stop the payment your letter must reach us t business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corre tbe error by then. Within 90 days, we must either correct the error or exl why we believe the bill was correct After we receive your letter, we cannot try to collect any amount question, or report you as delinquent. We can continue to bill you for the am you question, including finance charges, and we can apply any unpaid am against your credit limit. You de not have to pay any questioned amount ~ we are investigating, but you are still obligated to pay the parts of your bill are not in question. If we find that we made a mistake on your bill, you will not have to pay Iinance charges related to any questioned amount. If we didn't make a mis: you may have to pay finance charges, and you will have to make up any mi payments on Ihe questioned amount. In either case, we will send y, statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report ye delinquent. However, if our explanation does not satisfy you and you write I within ten days telling us that you still refuse to pay, we must tell anyon, report you to that you have a question about your bill. And, we must tell yo~ name of anyone we reported you tO. We must tell anyone we report you t6 the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questi amount, even if your bill was correct FORM OCP HE-BS BACKSIDE REVISION DATE 5/11/2000 Custom WAYPOINT SANK Creditor: PO BOX 171t HOME EQUITY LINE OF CREDIT NARRISBURG, PA 17105 This disclosure contains impodant inforalaiion about our Home Equity Line of Credit. You should read it carefully and keep a copy for your records. Availability Of Terms: All of the terms described below are subject to change. If these terms change (other than the annual percentage rate) and you decide, as a result, not to enter into an agreement with us, you are entitled to a refund of any fees that you paid to us or anyone else in connection with your application. Security interest: We will take a modgage on your home. You could lose your home if you do nol meet the obligations in your agreement with us. Possible Actions: Under certain circumstances, we can 1) terminateyour line, require you to pay us the entire balance in one payment, and charge you certa n fees; (2 re use to make addit gnat extensions of credit; and (3) reduce your credit limit. We can terminate your account, require you to pay LIS the entire outstanding balance in One payment and charge you Certain fees if: (1) you engage in fraud or materiat misrepresentation in connection with the plan 2 you do not meat Ihs repaymen terms or (3) your action or inaction adversely affec s he colla oral or our rights ir the col aterah We can refuse ~o make additional extensions of credit or reduce your credit limit if: (1) you engage in fraud or material misrepresentation in connection with the line 2 you do not meet the repayment terms 3) you ac on or idac ion adversely af ecs he co a era or our rgh s n he co atera; 4 the va ue of the dwel lng securing the ina dec ines significantly below its appraised value tot purposes of the line; 5 we reasonably believe you will not be able to meet the repaymen requ romeo s due to a material change in your financial circumstances; 6 you are in default of a material obligation of the agreemen (7) gove amen ac on prevents LiS from imposing the annual percentage rate provided for or impairs our security interest such that the value of the n eros s ess than 120 percent of the credil line; (8) a regulatory agency has notified us that continued advances would constitule an unsafe and unsound business practice; or (9) the maximum annual percentage rate is reached. Minimum Paym~0t Requirements: You can obtain credit advances for 10 year s the "draw period" . During this period, payments will be due monthly. Your minimum monthly payment will equal the greater of $100 or the amount of accrued interest plus 0.42% of the principal loan account balance on the last day of the billing cycle in which an advance was made. After the draw period ends, you will no longer be able to obtain credit advances and must pay the outstanding balance on your account (the "repayment period"). The tength of the repayment period is 10 year(s). During the repayment period, payments will be due monthly. Your minimum monthly payment will equal the greater of $100 or the amount of accrued interest plus O 42% of the principal loan account balance at the end of the draw period The minimum monthly payments may not be sufficient to fully repay the principal on your line by the end of the draw and repayment periods. If they are not, you will then be required to pay the entire balance in a single payment. Minimum Payment Example: If you made only the minimum monthly payment and took no other credit advances, would aka 14 year s and 6 month(s) to pay off a credit advance of $10,000 at an ANNUAL PERCENTAGE RATE of 9.5%. During that period, you would make 120 payment(s) varying between $121 17 and $100 followed by 53 payment(s) of $100, with a final payment of $67.10. Fees And Charges: To open ~ ~intain an account, you musl pay the following fees 1o us: Documentation Fee: $ .,~,.u,.~ _ in Pennsylvania ~ $ in Maryland The following are an estimate of third ~,art~ees: Modgage Recording Fee: $ Z~..3d You must carry insurance on the property that secures this plan. Refundability of Fees: if you decide not to enter into this plan within three days of receiving this disclosure and tile Home Equity booklet, you are entitted to a refund of any fee you may have already paid. Minimu...~.raw Requirements: The m~mmum credit advance that you can receive is $100 The minimum initial credit advance must be at least $ Tax Deductibeity: You should consult a tax advisor regarding the deductibility of interest and charges for the plan. Availability Of Other Home Equity Programs: It you ask, we will provide you with information on our other available home equity lines. Variable Rate Features: This plan has a variable rate feature and the annual percentage rate (corresponding to the periodic rate) and the minimum monlhly payment can change as a result. Tbs annual percentage rate includes only interest and not other costs. The annual percentage rate is based on the value of an index. The index is the highes rate on co nora e cans pos ed by a eas 75% o ihs USA's ihirty largest banks known as The Wall Street Journal Prime Hate and is published in The Wall Street Journal. To determine the annual percentage rate that will apply to your account, we add a margin to the value of the index, and then round up to the nearest 0.001%. Ask us for the current index value~ margin, and annual percentage rate. After you open a credit line, rate information will be provided on periodic statements that we send you. Rate Changes: The annual percentage rate can change monthly after remainingfixed for one day. There is no m on fha amoun by which the rate can change in any one year period. The maximum ANNUAL PERCENTAGE RATE that can apply during Ihs plan is 18%. Maximum Hate And Payment Examples: If you had an outstanding balance of $10,000 a the beginn ngo he draw period, the minimum monthly paymer~t a! the maximum ANNUAL PERCENTAGE RATE of 18% would be $192. The maximum annual pe centage ra e dur ng he draw pe od cou d ee reacneo in the first month following an initial bokf of one day If you had an outstanding balance of $10,000 at the beginning of the repayment period, the minimum monthly payment at lhe maximum ANNUAL PERCENTAGE RATE of 18% would be $192. The maximum annual percentage rate during the repayment period could be reached in the first month following an initial hold of one day. Historical Examples: The following table shows how the annual percentage rate and the minimum payments for a single $10,000 credit advance would have changed based on changes in the index over the last 15 years. The index values are from the first business day of October. While only one payment amount per year is shown, payments would have varied during each year. The table assumes that no additional credit advances were taken; that only the minimum payment was made, and that the rate remained constant during each year. It does not necessarily indicate how the index or your payments would change in the future. ANNUAL Minimum PERCENTAGE Monthly Year Index Margin RATE Payment (%) (%) (%) ($) 1986 7.500 0.000 7.500 104.80 1987 8.750 0.000 8.750 111.24 1988 10.000 0.000 10.000 116.93 1989 10.500 0.000 10.500 116.27 1990 10000 0.000 10.000 108.53 1991 8.000 0.000 8.000 100.00 1992 6 00O 0.000 6.000 100.00 1993 6.000 0.000 6.000 100.00 1994 7.750 0,000 7,750 100.00 '1995 8.750 0 000 8 750 100.00 .............. ~i'b'i .................. ~;~§~ ............... ~ ..................... ~ ............................ ~;~ ..................... 1997 8.500 0000 8.500 100.00 1998 8.250 0.000 8.250 100.00 1999 8.250 0.000 8.280 100.00 2000 9.500 0,000 9.500 N/A (O)The repayment period begins in this year. This is not a commitment to make a loan. You hereby acknowledge receipt of this Home Equity Program Disclosure and a copy of the Home Equity Brochure on today's date. © 1989 BANKERS SYSTEMS, iNC., ST. CLOUD, MN FORM HE-DISC-2PT 7/12/90 ARK294 (~ Wagpoinl: BANK Juty 1,4, 2004 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort,~affe on vour home is in default, and.ghe lender intends to foreclose. Specific information about the nature of the default is provided in the attached Daaes. The HONEEOWNER'S MORTGAGE ASSIST.42qCE PROGRA2VI (H~EMAP) may be able to held to save your home. This notice explains how the vro~ram works. To see ff It~EMAP can helix you must _MEET 5arlTH A CONSUM]ER CREDIT COUNSELING AGENCY WITHTN 30 DAYS OF TlrHg DATE OF Tills NOTICE. Take this Notice with you when you meet with the Counselin~o Ao~encv. The name, address and Dhone number of Consumer Credit Counselin~ Aaencies servino, vour County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housin~ Finance A~oencv toll free at 1-800-342-2397. (Persons with imnaired hearina 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 exq>lain it. You may also want to contact an attorney in your area. The local bar association may be able to help yon find a lawyer. LA NOTI~'ICACION EN Al)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECItO A CONTINUAR VIVIENDO EN SE CASA. SI NO COM]PRENDE EL CONTENII)O DE ESTA NOTIFICACION OBTENGA [INA TRADUCCION INNEDITA1VIENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NLqVIERO MENCIONADO ARRIBA. PUEDES SER ELEGYBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEO~rNER'S EiVtERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL pLrEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIMIR SU IqTPOTECA. ~0. Box 1711, HARRISBORG, PENNSYLVANIA 1710E;-t711 Trill ~p~a I-FI~-W~.YPrlINT (1~~{~-c)~)-7~/1{~] , IN YORK AREA 717/SIB-aBOC) - www. wauoointbank, 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.: 107063331 ORIGINAL LENDER: _Waypoint Bank CURRENT LENDERJSER~,rlCER: Wavpoint Bank HOMEOWNER'S EN[ERGENCY MORTGAGE ASSiST.4NCE PROGRzkNI y y A S O[ MA BE ELIGIBLE FOR FINANCIAL_ SSI.. TA2qCE WHICH CAN SAVE YOLrR HO!VI~E FROM FORECLOSUkrLE AND IEELP YOU MAKE FUTIfRE MORTGAGE PAS_rM]ENTS 13' YOU COMPLY WITH TF[E, PROVISIONS OF TH]~ HOM3EOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TH~ "ACT"), YOU MAY BE ELIGIBLE FOR EIV[ERGENCY MORTGAGE ASSISTANCE · 1E YOUR DEFAULT EL4.S BEEN CAUSED BY CHtCUMST.a~NtCES BEYO~NrD YOUR CONTROL, · EF YOU I~4VE A REASONABLE PROSPECT OF BEING .ABLE TO PAY YOUR MORTGAGE PAYMENTS, A_NI) · Il* YOU MEET OTIKER ELIGIBILITY REQUII~M2ENTS ESTABLISHIED BY TH~ TENEPORARY 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 w/th one of the consumer credit counseling agencies listed at the end of this Notice. THIS NEEETING MUST OCCUR WITHIN TEkE NEXT q['ItlRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE LIP TO DATE. THE PART OF Tt-~S NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BPdEqG yourR MORTGAGE UP TO DATE. CONSUM2ER CREDIT COUNSELING AGENCEES---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 desirmated consumer credit counselint aaencies for the count; in which the provertv is located are set forth at the end of th/s Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your retentions. APPLICATION FOR MORTGAGE ASSISTANCE---Yotir 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.) II'you have tried and are unable to resolve th/s 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 desikmated consumer credit counseling agencies listed at the end offl~is Notice:. OnIy consumer credit counseling agencies have applications for the pro.am and the)' wiI] assist you in submitting a complete application to the Psm~sylvania Housing Finance Agency, Your applioation MUST be filed or postmarked within tlmXy (30) days ofyanr face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTtt]ER TIIV[E PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR ItON[E EVIMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENI1gD. AGENCY ACTION---Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Dotting that time, no foreclosure proceedings w/II be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Permsylvania Housing Finance Agency of its decision on yom' application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TIzYE FILING OF A PETITION IN BANKRUPTCY, TE[E FOLLO~rIING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY .AND SHOULD NOT BE CONSH)ERED AS AN ATTEMPT TO COLLECT TI~ DEBT. (If yon have filed bankruptcy yon can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it ut~ to date]. NATURE OF TI~J DEFALFLT---The MORTGAGE debt held by the above lender on your property hicated at: _ 24J~ Old Stonehouse Rd, Cart/Me, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU Ir~VE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the followhig amounts are now past due: _Payments o£$127.46 due for May 2004, $123.30 due for June 2004 then $121.26 due for July 2004. B. Other charges: _Late Charge $40.00 TOTAL AMOUNT PASTDUE: _$412.02 YOU HAVE FAILED TO T.A_ICE THE FOLLOXhrLNG ACT1ON: HOW TO CURE TI~; DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING TEI~ TOTAL AMOUNT PAST DUE TO T]fl]E LENDER, WHICH IS $412.02 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TI4-]E THIRTY (30) DAY PERIOD. Payments must be made either bv cash, cashier's check, certified check or money order made cayable and sent to: Wa,/Doint Bank 449 Eisenhower Boulevard Harrisburm PA 17111 IF YOU DO NOT CUI~ TI:[E DEEAULT---Lf you do not cure the default w/thin TH~RW (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortaalze debt. This 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 month/y installments. 1155211 payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. 1F THE MORTGAGE IS FORECLOSED UPON--The mortgaged properq~ will be sold by the Shmq£f to pay off tbe nlortgage debt. I£ the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will stiI] be required to pay the reasonable attorney's fees that were actually incurred, np to $50.00. However, if legal proceedings are started against you, you will }lave to pay all reasonable attorneys' fees acmalb' incurred by the lender even if they exceed 550.00. Any arronley's fees will be added to tile amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30~ DAY period, yon will not be required to pav attorney's fees. OTHER LENDER RENBEDIES---The lender may also sue you personally for the unpaid principal balance and ail other sums due under the mortgage. RIGHT TO CUFCE TIlE DEFAULT PRIOR TO SIt]ERIFF'S S_ALE--I~you have not cured the default within the T~JIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riaht to cure the default and re'event the sale at any time up to one hour before the Sheriff's sale. You may do so by pax/luff tile total amount then rmst due. plus any late or other char~es then due. reasonable attorney's fees and costs com~ected with the foreclosm'e sale and any other costs com~ected with tile Sheriff's Sale as specified in writinz by the lender and by perfurmmz any other recluirements under the morIzaae. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if yon had never defaulted. EARLEEST POSSI]ILE SH~;RIFF'S SALE DATE---It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged prope~Vy 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 ma5' find out at any time exactly what the reqmred payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone number: Fax Number: Contact Persou: Wav~otht Bank 449 Eisenhower Blvd.. Harr/sburt, PA 17111 (7173 909-2776 or 1-866-929-7646 ext. 2776 (717) 909-2780 Carlos Asmazu EFFECT OF SHERIYF'S SALE---You should realize that a Sheriff's Sale will end your ownership o£the mortgaged property and your fight to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You 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 tn or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE TE~ RIGHT: TO SELL THE PROPEP. TY TO OBT.~IN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BO1LROW MONEY FROM ANOTHER LENDING ENSTITUTION TO PAY OFF TI-IlS DEBT. TO HAVE THIS DEFAULT CUre. ED BY MxFY THIRD PARTY ACTING ON yOUrR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS ~ NO DEFAULT HAD OCCLFILRED, IF YOU CUR.E THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THtLEE TIMES IN ANh' CALENDAR YEAR.) TO ASSERT TI-lB NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR .~x,p~r OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY H_AVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER TI4(E FEDERAL BAlx2fJtUPTCY LAW. CA/nek Very truly yours, Carlos Aspiazu Collection Counselor If funds are received and negotiated in ]ess than the total amount due including legal fees and costs; ~ga~point Bank reserves the right to return the fm~ds to you and continue ~dth legal proceedings pending receipt of the total a~ount due. CUMBERLAND COUNTY CREDIT COUNSELING AGENCIES 2CCS of Western Palmsyh;a~i% Inc. ~000 Lm~lestown Road ~sb~, PA 17102 [~888-511-2227 F~e~ (7~7) S4t-4670 %,~ynesboro, PA ~7268 (717) 762-3285 Adams CourtV HousmS AurAori~_~ 139-~43 Csisle Street Gett!sbur6, PA 17325 (7~7) 334-15~$ FAX (717) 33~8326 Comz~u~t7 Action Cozmz~ o£ zhe Caph~/Region 1514 Derz! Stz'eet H~msburg, Pa 17104 {717) 232-9757 FAX (7~7) 234-2227 RO. Box 1711, HARRI$i3LIR~. P~NNSYI-VANIA 17105-17II T~]] ~P~ I~~-WAYPOINT (I-~l~-~)~)-7~"~ ~ ' IN YORK AR~A 717/~315-4~00 ' www.wau~ointbank,com July 14, 2004 27~e subscriber below of &e ~ S. Post Office located at 5120 De,vT Street, Harrisburg, PA 17111, does hereby certify that an envelope was mailed with postage prepaid by First Class Mail from the Waypoint Bank addressed to Deborah Mullen, 241 Old Stonehouse Rd, Carlisle, PA 17013, properly deposited U] S. Mail for delivery this 14#' day of July, 2004. Box 1711. HARRISBUR(~. PENNSYLVANIA 17105-1711 L-~/ I1.~:~:;:~::_C~;~:~.71::;Z9.~:~I . IN Y~RK ARENA 717/E~IS-z/,E;O0 · vvww. waLJpointbank.com · Complete items 1 2 and 3. Also comp item 4 if Restricted Delivery is desired. · PrJ.tyour,amea.daddresso~thereve~e or on the frout if space permits. PS Form 3811, February 2004 D. Is delivery address different from item 1 ? ~ Yes If YES, enter delivery address below; ~ No 3 Service Type L_~ Registered E] Return Receipt for MerchandJ5 Restricted 7004 1160 0001 9891 6276 Waup.°Ai.n July 14, 2004 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee 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 (I~MA~) may be able to help to save your home. This notice explains how the pro,ram works. To see if ~NLAP can help. yon must N[EET WITH A CONSUMER CREDIT COUNSELING AGENCY grITEt~ 30 DAYS OF TItEE DATE OF THIS NOTICE. Take this Notice with you when von meet with the Counseling Aeencv. The name, address and phone number of Consumer Credit Counselin~ A~oencies servina your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housine Finance A~oenev toll free at 1-800-342-2397. (Persons with imvaired hearine can cml (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. Yon may also want to contact an attorney in your area. The local bar association may be able to help you f'md a lawyer. LA NOTIFICACION EN AD3LrNTO ES DE SLqVkA IMPORTANCIA, PI. lES .&FECTA SU DERECItO A CONTINUAR VISq~NDO EN SU CASA. SI NO COMI>RENDE EL CONTENIDO DE ESTA NOTLFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLANIANDO ESTA AGENCIA (/>ENNSYLVAaNrlA HOUSING FINANCE AGENCY) SIN CARGOS AL NUM]ERO MENCIONADO ARRIBA. PUEDES SER ELEGI~LE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "ttO/V[EOWNER'S EMERGENCY MORTGAGE ASSISTANCE I>ROGRA-M' EL CUAL PUEDE SALVAI~ SU CASA DE LA PERD][DA DEL DERECItO A REDIMIR SU I~[POTECA. IRC}. Box 1711, HARRISBURg. PENNSYLVANIA 1710~-1711 HOMEOWN~ER'S NAME (S): _Cassius J Mullen PROPERTY ADDRESS: _241 Old Stonehouse Rd, Carlisle, PA 17013__ MAILING _ADDRESS: _241 Old Stonehouse Rd, Carlisle, PA 17013__ LOAN ACCT.NO.: 107063331 ORIG][NAL LENDER: _Vv'ayp oint Bank CURRENT LENDER/SERVICER: V~:avDoint Bank HOM[EOWNER'S E1VI[ERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE VVI::IICH C.AN SAXrE YOUR HOME PROM FORECLOSURE _&ND I:[ELP YOU MAKE FUTURE MORTGAGE PAYMENTS I2F YOU CONEPLY WITH TIlE PROVISIONS OF TIt~E HO1V[EOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGD~LE FOR EMERGENCY MORTGAGE ASSISTANCE · Dr YOUR DEFAULT HAS BEEN CAUSED BY CI2RCUMST~aXqCES BEYOND YOUR CONTROL, · 13' YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAXqVtENTS, A2¥D · 13' YOU NEEET OTHER ELIGI~B1LITY REQUI[REMENTS ESTABLISHED BY TE[E TEMPORARY STAY OF FORECLOSURE---Under the Act, you are enfitted to a temporary stay of foreclosure on your mortgage for ttfn-ty (30) days from the date of th/s Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit cormseling agencies listed at the end of this Not/ce, TI]IS 1VIEETI~G MUST OCCUR WITHIN TEUE NEXT THIItTY (30) DAYS. IE YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE LrP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS FlOW TO BIL!NG YOUR MORTGAGE lffP 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 th/try (30) days after the date of tins meeting. The names~ addresses and telephone numbers of desianated consumer credit counselin~ aaencies for the county in which the r~rol~errv 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 Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you m submithng a complete application to the Pennsylvania Housing Finance Agency. Your application IVFLIST be filed or postmarked within fl~irty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FA_fL TO DO SO OR IF YOU DO NOT FOLLOW TIt~ OTHiER TIM~ PERIODS SET FORTH IN Tills LETTER, FORECLOSURE MAY PROCEED AGA. INST YOUR HOME IMMEDIATELY AND YOU'IR .~kPPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON---Available funds for emergency mortgage assistance are very lira/ted. They w/II be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixth, (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings w/il be pursued against you if you have met the t/me requirements set fro'th above. You will be notified directly by the Pennsy]vama Housing Finance Agency of its decision on your applicarion. NOTE: IF YOU ARE CIJILRENTLY PROTECTED BY TIIE FILING OF A PETITION IN BANKRUPTCY, TH]{ FOLLOV~rlNG PART OF TI:lIS NOTICE IS FOR INFORMATION PURPOSES ONLY .~<ND SHOULD NOT BE CONSIDERED AS fan ATTEIVfPT TO COLLECT TH P; DEBT. (If you have fried bankruptcy yon can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it nD to date). NATITRE OF TH~ DEF_AULT---The MORTGAGE debt held by the above lender on your property located at: 241 Old Stonehouse Rd, Carhsle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT IvLADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _Payments of $127.46 due for May 2004, 5123.30 due for June 2004 then $121.26 due for July 2004. B. Other charges: _Late Charge $40.00 TOTAL AMOUNT PASTDUE: _$412.02 YOU E_AVE FAILED TO TAKE ~ FOLLOWING ACTION: HOW TO CURE TIlE DEFAULT---You may cure the default within TE/]RTY (30) DAYS of the date of this notice BY PAYING TIIE TOTAL ,~,/iOUNT PAST DUE TO TH E LENDER, WHICH IS $412.02 PLUS ANY MORTGAGE PAYMENTS AND LATE CI-IA_RGES WEIICH BECOME DUE DURING TIIE THIRTY (30) DAY PERiOD. Payments must be made either bv cash. cashier's check, certified check or money order made pavable and sent to: Wavootht Bank 449 Eisenhower Boulevard Harrisburg, PA 17111 1~ YOU DO NOT CURE TH]~ DEFAULT---If you do not cure the default ~vithin THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortsa~e debt. This 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 fuI1 payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct tts attorneys to start legal action to foreclose re)on voor mort~oaaed property. IF TlC[E MORTGAGE IS FORECLOSED UPON---The mortgaged property, will be sold by the Sheriff to pay off the mortgage debt. if the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pa3' the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, yoo will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the ammmt you owe tile lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to ~mv attorney's fees. OTiC~R LENDER REMEDBES---The lender ma5, also sue you personally for the unpaid pnncipal balance and all other stuns due under the mortgage. RIGHT TO CURE TH]E DEFAULT PRIOR TO SI-~RIFF'S SALE-~If you have not cured the default within the THZr~TY (30) DAY period and foreclosure proceedings have be~man, you still have the nzht to cure the default and prevent the sale at any ti~ne ua to one hour before tile Sherif/~s sale. You may do so by l~av/ll~ the total anlouut tl~en vast due, plus any late or other char_acs then due. reasonable attorney's fees an~d costs comlected with the foreclosure sale and any other costs cormected with the Sheriff's Sale as specified in wr/tth_o by the lender and by performm~ any other re0uirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as ii' you had never defaulted. EARLI~ST POSSIBLE SHERIFF'S SALE DATE--It is estmaated that the earliest date that such a Sheriffs Sale of the mortgaged property, coutd 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 find out at any time exactly ,a&at the reqmred payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone number: Fax Number: Contact Person: Wawoint Bank 449 Eisenhower Blvd., Harr/sbur~, PA 17111 (717l 909-2776 or 1-866-929-7646 ext. 2776 (717) 909-2780 Carlos Asniazu EFFECT OF SI-I~ERIFF'S SALE---You should realize that a Sheri£I% Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live/n the property after the Sheriff's Sale, a lawsuit to remove you and your fi.n-nishings and other belongings could be started by the lender at any time. ASSUN[PTION OF MORTGAGE--You may or ~Xmay 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]]~ RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORR, OW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO I-L6VE THIS DEFAULT CbT<ED BY ANY THIRD PA.RTY ACTING ON YOUR BEHALF. TO HAVE TIlE MORTGAOE KESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CLFP.~ THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS tLIG]~tT TO CURE YOUR DEFAULT MORE TFLAN THtLEE TIZIES IN ANY CALEiNrlD.~LR YEAR.) TO ASSERT TEE NONEXISTENCE OF A DEFAULT ]5'4 ANY FORECLOSURE PROCEEDfNG OR ANY OTHER LAWSLrIT ]INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT Aix~7 OTHER DEFENSE YOU BEL/~VE YOU I~&Y H_AVE TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION' UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, CA/nek Carlos Aspiazu Collection Counselor If funds are received and negotiated in less than the total amount due including legal fees and costs; Waypoint Bank reserves the right to return the funds to you and continue ~ith legal proceedings pending receipt of the total amount due. CUMBERLAND COUNTY CREDIT COUNSELING AGENCIES 2CCS o£ ~X/'esmrn Pm~nsyhmm% 1000 IlmSles{ows Rosd [-888-511-2227 FR_5<i (717) 541-4670 Adams CourtV Hoasmg Aud:o~iV 13%143 Carlisle S~eet GeLLysb~, ?_& ~73£5 (7}7) 334-151S F~I: (717) 33¥-S326 CommumV Action Co:mm of rl:e CaN:al Region 1514 Dez:1 S:ree: H~%sburg, Pa 17104 (717) 232-9757 FAX {717) 234-2227 RO. Box 1711, HARRISBURG, P~NN~YLVANIA 1710~M711 Toll ~:r~ I-~i~-WAYPOINT (I-~IIE6;-92~)-76~Z~] · IN YORK AReA 717/E115-4500 · w-~rw.wauDointbank, com 14, 2004 77~e subscriber below of the H S. Post Office located at 5120 Derby Street, Harrisbmj, PA ] 71]], does hereby certify that an envelope was mailed with postage prepaid by First Class Mail fi'om the Wa),Roint Ba~*k addressed to Cassiz~s J Mullen, 241 Old Stonehouse Ret, Carlisle, PA 7013, properly deposited H S. Mail for delivery this ]4tJ' day of July, 2004. H S. Post Office 5]20 Derry Street Harrisburg, PA RO. BOX 1711, HARRI~UR(~, PENNE;YLVANIA 17105-171! [.._ / ~ ........ , el'*-- ~A~ ......... ti .ot::~:;:_c:l::~a_7~:;:;~[~;~ . lid Y~k' A~'FA 717/~1~;-4:;00 · www. waqmointbank.com 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 unsworn falsification to authorities. WAYPOINT BANK Default Specialist II SHERIFF'S RETURN - REGULAR CASE NO: 2004-04998 P COMMONq4EALTH OF PEArNSYLVA-NIA: COUNTY OF CUMBERL~AND WAYPOINT BANK VS MULLEN CASSIUS J ET AL RICHARD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MULLEN CASSIUS J DEFENDANT , at 1329:00 HOURS, on the at 473 E NORTH STREET CARLISLE, PA 17013 CASSIUS MULLEN a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 6th day of October , 2004 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 70 00 10 00 00 31 70 Sworn and Subscribed to before me this ~- day of 0~ ~3~ A.D. ~P~othonotary ' So Answers: R. Thomas Kline 10/07/2004 /~D~puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-04998 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS MULLEN CASSIUS J ET AL RONALD KERR , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 6th day of October , together with says, the within COMPLAINT - MORT FORE MULLEN DEBOPJIH LEE DEFENDANT at 1838:00 HOURS, on the at 241 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to DEBOR3tH MULLEN a true and attested copy of COMPLAINT - MORT FORE 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 /3~ day of ~C~ ~ ~OV A.D. thonotary So Answers: R. Thomas K~±ne 10/07/2004 WAYPOINT BANK By: Deputy 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. 0't-4998 Civil Term (third mortgage) PRAECIPE TO DISMISS Please dismiss without prejudice the Complain! filed on October 4, 2004, in the above-captioned case. Dated: November ~_.,~, 2004 Benjamin I~. Rigg~, ~. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030