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HomeMy WebLinkAbout02-0496IN 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, MARK E. POTTEIGER PAULA D. POTTEIGER Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 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. No. ~ MARK E. POTTEIGER PAULA D. Po~-rEIGER Defendants AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe romar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion pot cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFIClNA EN LA DIRECClON ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION--MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS, MARK E. POTTEIGER PAULA D. POTTEIGER 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 Defendants Mark E. Potteiger and Paula D. Potteiger, as follows: Parties 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 449 Eisenhower Boulevard, Harrisburg, Pennsylvania 17111. 2. One of the Defendants is Mark E. Potteiger who is an adult individual residing at 105 South Pine Street, Red Lion, York County, Pennsylvania 17356 and he is a mortgagor and real owner of the Mortgaged Premises located at 184 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, having acquired title by Deed dated March 19, 1998 and recorded on March 22, 1998 in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 196 Page 136. 3. One of the Defendants is Paula D. Potteiger who is an adult individual residing at 30 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013 and she is a mortgagor and real owner of the Mortgaged Premises located at 184 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, having acquired title by Deed dated March 19, 1998, and recorded on March 22, 1998 in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 196 Page 136. Mortgage 4. On or about August 26, 1996, 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 August 30, 1996 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1339, Page 103. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 5. There have been no assignments of said Mortgage. Default 6. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from August 1, 2001 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 August 1, 2001. 7. Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions. 8. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance ................ $1 Interest from 8/1/01 to 12/13/01 (inclusive) at $20.2358 per diem .......... $ Late Charges from 8/1/01 to 12/13/01 (inclusive) at $38.57 per month ..... $ Escrow Deficit ........................ $ Homeowner's Insurance (due 213102) ...... $ Insurance (due 12/1/01) ................ $ Taxes (due 4/1/02) .................... $ Taxes (due 8/1/02) ..................... $ Attorney's Commission 5% ............. $ 15,860.69 3,320.37 396.87 544.88 220.00 52.80 300.17 1,041.81 5,793.03 TOTAL AMOUNT DUE $127,530.62 Inapplicability of Homeowners' Emergency Assistance Act 10. This Action is not subject to the provisions of Pennsylvania's Homeowners' Emergency Assistance Act, Act of December 23, 1983, P.L. 385, No. 91 (35 P.S. § 1680.401c et seq.), as amended, nor are notices required to be sent to Defendant(s) pursuant to said Act, because, said Mortgaged Premises is not the principal residence of Defendant(s). Inapplicability of Loan Interest and Protection Law 11. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101 et seq.), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank prays for judgment in its favor and against Defendants Mark E. Potteiger and Paula D. Potteiger in the amount of One Hundred Twenty Seven Five Hundred Thirty and 62/100 Dollars ($127,530.62), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $20.2358 per diem, from 12/14/01, late charges at 5% of the monthly payment amount, currently $38.57 per month from 12/14/01, escrow charges, currently $169.07 per month from 12/14/01, attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. By Be nj a m~i ~ F.~ig'g-~? Attorney for Plaintiff P.O. Box 1711 York, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 '96 [Space Above This Line For Recordln~ Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on AUGUST 26, 1996 The mortgagoris MARK E POTTEIGER and PAULA D POTTEIGER ("Borrower"). ThisSecufityInstrumentisgiven to York Federal Savings and Loan Association whi~isorganizedande~stingunder thelawsof THE UNITED STATES OF AMERICA ,andwhoseaddressis 101 South George Street, PO Box 15068, York, PA 17405-7068 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED TWENTY-ONE THOUSAND NINE HUNDRED FIFTY AND ***************************** Dollars CU.S. $ 121,950.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER 1, 2026 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: which has the address of Pennsylvania 17055 [Zip Code] 184 TEXACO ROAD [Street] ("Property Address"); PENNSYLVANIA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM IN~,-rROMENT ITEM 1950L1 (9211) Oocld 0000000944 BO*k*339 103 MECHANICSBURG [City] Form 3039 9/90 (page ] of 6 pages) Great Lakes Business Forms, Inc. · To Order Call: 1-B00-630-9393 ~] FAX 616-791-1131 ACCT# Z48065258 ~OGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premi-ms; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any s-m~ payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender,. prior to the acquisition or sale of the Properly, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Applleatiun of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the wanner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to 'Lender; (b) contests ia good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and ITEM 1950L2 (9211) DocldO000000944 Form3039 9/90 (page 2 of 6 pages) Great Lakes Business Forms. inc. · oo 1339 104 ,o OrderCall: 1-800-530-g393 ~FAX 616-791-1131 ACCT# 148065258 for ihe periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower falls to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sum., secured by this Security Instrument, whether or not then duc. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the mount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circnm.qtances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower falls to perform the covenants and agreements contained in this Security Insm,ment, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enfome laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Properly. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in co,crt, paying reasonable attorneys' fees and entering on the Property to n~ke repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with ITEM 1950L3 (9211) Docid 0000000944 Form 3039 9190 (page 3 oftpages) 6reat Lakes BL~iness Forms. Inc. · To Order Call: 1-800-530-9393 [] FAX 616-791-1131 ~ ACCT# 148065258 ~.~.~9 PAGI~ :1.05 any 'condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the mount of the snm~ secured by this Security Instrument immediately before the laking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the mount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the snm~ are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condenmor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the snm~ secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exemise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Insmmaent only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and Co) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mall to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Properly or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as ITEM 1950L4 (9211) Docld 0000000944 Form 3039 9190 (page 4 of 6page,~) Gmat Lakes Iluldne$$ Forma, Inc. · To Order Call: 1-800-53D-g393 [3 FAX 616-701-1131 BOOKI339P £ :LOG ACCT# 148065258 applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Imtmment, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's fights in the Property and Borrower's obligation to pay the sumn secured by this Security Instrument shall continue uncl~anged. Upon reinstatement by Borrower, this Security Iustmment and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this fight to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, ilisposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedlation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; Co) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Inslxument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Imtmment without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Imtmment, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. ITEM 1950L5 (9211) Docld 0000000944 1339 PA0£ 107 Form 3039 9/90 (page 5 of 6 page$) Great Lakes Bu$1neBs Form~. inc. · iTo Order Call: 1-800-530-9393 r-IFAX 616-791-1131 A¢CT# 148065258 ~7. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Imtmment as if the rider(s) were a part of this Security Imtmment. [Check applicable box(es)] ~-~ Adjustable Rate Rider ~ [~ Graduated Payment Rider [~ ~-~ Balloon Rider ~-~ ~-~ Other(s)[specify] RIDER TO PARAGRAPH Condominium Rider Planned Unit Development Rider Rate Improvement Rider 18 AND ADDENDUM 1-4 Family Rider Biweekly Payment Rider Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 6 of this Security Imtmment and in any rider(s) executed by B,orrower and recorded with it. / (Sea~) (Sea~) -Borrower -Borrower COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 26TH POTTEIGER day of AUGUST, 1996 , before me, the undersigned officer, personally appeared MARK E POTTEIGER and !- proven) to be the person $ whose name are subscribed to the within that they executed the same for the purpose herein contained. 1 IN WITNESS WHEREOF, I hereunto set my hand and official~eal. // · KeI'Iy L:M°rfl$' N~a~Y' Pub~ I / ~ / ~aml~n ~WP., Cu~ County I / My commlaal0n Explre~ Feb. 16, 1998 I { Tide of Officer CERTIFICATE OF RESIDENCE I, do hereby certify that the correct address of the within pained lender is 15068, York, PA 17405-7068 Wimess my hand this day of ITEM lg50L6 (9211) Docld 0000000944 101 South George Street, PO Box Agent of Lender Fotnn 3039 9190 (page 6 of 6 pages) Great Lakes Buslnesl Forms, inc. · To Order Carl: 1.800-530-9393 [] FAX 616-761-1131 108 ACCT# 148065258 ALL THOSE TWO (2) CERTAIN lots or parcels of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of Public Road commonly known as Anderson Road; thence by land formerly of Earl B. Eichelberger, now or formerly of Lloyd Shelley, North 43 degres 50 minutes West, two hundred sixty-three (263) feet to a pin; thence by land formerly of William Lehman, now or fo~-merly of Forrest Brenneman, North 48 degrees East, eighty-seven and four-tenths (87.4) feet to a pin; thence by land now or formerly of J. H. Dowell, South 43 degrees 50 minutes East, two hundred fifty-four and sixty-two one-hundredths (254.62) feet to a point in the center of the Public Road aforesaid; thence by the center of said Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the center of the public road cou~uonly called the Anderson Road, said point being South 42 degress 30 minutes West four hundred nineteen (419) feet along the center line of Anderson Road from its intersection with the center line of another public road; thence by land of Joseph M. Hoffman and Minnie Hoffman, his wife, North 43 degrees 50 minutes West two hundred fifty-four and sixty-two hundredths (254.62) feet to an iron pin; thence by land formerly of William Lehman, now or formerly of Samuel Simmons, North 48 degrees East eighty-seven and four-tenths (87.4) feet to an iron pin; thence by land of the aforesaid Joseph M. Hoffman and Minnie Hoffman, his wife, South 43 degrees 50 minutes East two hundred forty-six and twenty-five hundredths (246.25) feet to a point in the center of Anderson Road; thence by the center line of Anderson Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. Improved by a ranch type frame dwelling house. BEING THE SAME PREMISES which Elaine A. O'Hara, Executrix of the Estate of Evelyn A. Deckman, deceased, by her deed dated June 13, 1989 and recorded June 13, 1989 in the office of the Recorder of Deeds for Cumberland County in Deed Book Z, Volume 33, Page 808 granted and conveyed to Mark E. Potteiger and Paula D. Potteiger, his wife. t339 , i09 Rider to Paragraph 18 I/We, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, executed by me/us this 26th day of August, 1996 shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage/Deed of Trust. The tem-J "reasonable attorney's fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5%) of the principal due at the time of foreclosure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. (SEAL) (SEAL) oo 1339 PAGE 110 FIXED/ADJUSTABLE RATE RIDER (1 Year Treasury Index - Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made this 26TH day of August, 1996, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to York Federal Savings and Loan Association, 101 South George Street, PO Box 15068, York, PA 17405-7068 (the "Lender") of the same date and coveting the property described in the Security Instrument and located at: 184 TEXACO ROAD, MECHANICSBURG, PA 17055 [Property Address] ~ NOTE PROVIDES FOR A CHANGE IN ~ BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS TI-IE AMOUNT TIlE BORROWER'S ADJUSTABLE INTEREST RATE CAN CI-IANGE AT ANY ONE TIME AND THE MAXIMUM RATE TIlE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTI~,Y PAYMENT CHANGES The Note provides for an initial fixed interest rate of 7.000%. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTI-ILY PAYMENT CHANGES (A) Change Dates The initial fixed imerest rate I will pay will change to an adjustable interest rate on the first day of September, 2001, and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the monthly average yield on United States Treasury securities adjusted to a constant mamtity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable in~ormatinn. The Note Holder will give me notice of this choice. (C) Calculation of Change Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and Three-Quarters percentage points (2.750%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.000% or less than 5.000%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than Two percentage points (2.000%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 13.000%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date a~ter the Change Date until the amount of my monthly payment changes again. MULTISTATE FIXED/ADJUSTABLE RATE RIDER - 1 YEAR TREASURY INDEX--Single Family--Fannie Mae Uniform Instrument Form 3182 5~94 pa~e ~ of 2 ACCT# 148065258 aoo 1339 lll (F) Notice of Changes The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UN]]~ORM COVENANT 17 OF ~ SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises the option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Secuity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION B1 ABOVE SI-IALL THEN CEASE TO BE IN EFFECT, AND ~ PROVISIONS OF UNIFORM COVENANT 17 OF THE SECURITY INSTRU1VIENT SHALL BE AMENDED TO READ AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreemant in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 and 2 of this Fixed/Adjustable Rate Rider. M - Borrower PAULA D POTTEIGER ::~t' ~ :4':'~ .' ~ - Borrower '" '~ ' ~ · ~'~' : ' '~: · -- ~ · - Borrower : ~:~;:v of Cumberland .t 3 ',he office for the -~ (Seal) :~':~ ~ ~:, - Borrower Form 3182 5/94 ACCT# 148065258 ALL THOSE TWO (2) CERTAIN lots or parcels of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows: TP~ACT NO. 1: BEGINNING at a point in the center of Public Road commonly known as Anderson Road; thence by land formerly of Earl B. Eichelberger, now or formerly of Lloyd Shelley, North 43 degres 50 minutes West, two hundred sixty-three (263) feet to a pin; thence by land formerly of William Lehman, now or formerly of Forrest Brenneman, North 48 degrees East, eighty-seven and four-tenths (87.4) feet to a pin; thence by land now or formerly of J. H. Dowell, South 43 degrees 50 minutes East, two hundred fifty-four and sixty-two one-hundredths (254.62) feet to a point in the center of the Public Road aforesaid; thence by the center of said Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the center of the public road commonly called the Anderson Road, said point being South 42 degress 30 minutes West four hundred nineteen (419) feet alon9 the center line of Anderson Road from its intersection with the center line of another public road; thence by land of Joseph M. Hoffman and Minnie Hoffman, his wife, North 43 degrees 50 minutes West two'hundred fifty-four and sixty-two hundredths (254.62) feet to an iron pin; thence by land formerly of William Lehman, now or formerly of Samuel Simmons, North 48 degrees East eighty-seven and four-tenths (87.4) feet to an iron pin; thence by land of the aforesaid Joseph M. Hoffman and Minnie Hoffman, his wife, South 43 degrees 50 minutes East two hundred forty-six and twenty-five hundredths (246.25) feet to a point in the center of.Anderson Road; thence by the center line of Anderson Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. Improved by a ranch type frame dwelling house. BEING THE SAME PREMISES which Elaine A. O'Hara, Executrix of the Estate of Evelyn A. Deckman, deceased, by her deed dated June 13, 1989 and recorded June 13, 1989 in the office of the Recorder of Deeds for Cumberland County in Deed Book Z, Volume 33, Page 808 granted and conveyed to Mark E. Potteiger and Paula D. Potteiger, his wife. FH~ *"C LN#: 137657781 FIXED/ADJUSTABLE RATE NOTE (1 Year Treasury Index - Rate Caps) TIIIS NOTE PROVIDES FOR A CIIANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. TItlS NOTE LIMITS Tttlg AMOUNT MY ADJUSTABLE INTEREST RATE CAN CItANGE AT ANY ONE TIME AND TIlE ~ RATE I MUST PAY. August 26, 1996. SHIREMANSTOWN , PENNSYLVANIA [Dam] [City] 184 TEXACO ROAD, MECHANICSBURG, PA 17055 [Pm!~rty Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $121,950.00 (this amount is called "principal'), plus interest, to the order of the Lender. The Lender is York Federal Savings and Loan Association~ 101 South George Street~ PO Box 15068, York, PA 17405-7068. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. ]IIqTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.000%. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on October 1, 1996. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on September 1, 2026 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the 'Maturity Date.' I will make my monthly payments at YORK FEDERAL SAVINGS AND LOAN ASSOC, 101 SOUTH GEORGE STREET, YORK, PA 17401 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $817.51. This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTI-ILY PAY1VIENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the fLrst day of September, 2001, and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable imerest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." MULTISTATE FIXED/ADJUSTABLE RATE NOTE - 1 YEAR TREASURY INDEX- Single Family-- Fannie Mae Uniform Instrument Form 3522 5~94 Pa~e 1 ~f 4 ACCT# 148065258 (B) The Index Beginning with the first Change ~,ate, my adjustable interest rate will be based, .~ Index. The "Index" is 'the monthly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. The most recent index figure available as of the date of this note is 5.850%. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and Three-Quarters percentage points (2.750%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected m owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.000% or less than 5.000%. Thereafter, my adjustable Interest rate will never be increased or decreased on any single Change Date by more than Two percentage points (2.000%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 13.000%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly paymem changes again. (iv) Notice of Changes The Note Holder will deliver or mail to me a notice of the change in my Initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amoum of my monthly payment, any information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGltT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly paymems unless the Note Holder agrees in writing to those changes. My partial prepaymem may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amoum necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. Form 3522 5/94 Page 2 of 4 ACCT# 148065258 7. BORROWER'S FAILURE TC \Y AS REQUIRED (A) Late'Charges for Overdue Payments If the Note Holder has not received the full mount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. 0g) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amount owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep;the promises which I make in this Form 3522 5194 P~g~ 3 of · ACCT# 148065258 Note, protects the Note Holder fro' '~ssible losses that might result if I do not keeo *he promises which I make in this Note. hat Security Instrument describes h~ and under what conditions I may be requirec' rake immediate paymen~ in full ~f ail amouuts I ow} under this Note. Some of those conditions are described as follows: (A) UNTIL MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficiai imerest ia Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of ail sums secured by this Security insw~ment. However, this option shail not be exercised by Lender if exercise is prohibited by federai law as of the date of this Security Instrument. If Lender exercises this option, Lender shail give Borrower notice of acceleration. The notice shail provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay ail sums secured by this Security Instrument. If Borrower fails to pay these snmn prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. (B) WHEN MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION li(A) ABOVE SHALL TFIEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or traonferred (or if a beneficiai interest in Borrower is sold or transferred and Borrower is not a namrai person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of ail sums secured by this Security Instrument. However, this option shail not be exercised by Lender if exercise is prohibited by federai law as of the date of this Security Instrument. Lender aiso shail not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaiuate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan.assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender aiso may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the tran.~feree to keep ail the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shail give Borrower notice of acceleration. The notice shail provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages 1 through 4 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. iud'a: ~ ~ 7 l~R (Seal) - Borrower (Seai) - Borrower (Seal) - Borrower (Seai) - Borrower [Sign Originai Only] Form 3522 5~94 ACCT# 148065258 CONSTRUCTION LOAN NOTE RIDER This Construction Loan Note Rider ("Rider") is made this day of ~_~,~_, and is incorporated into and shall be deemed to amend and supplement a NOTE, in the amount of US $121,950.00 dated an even date herewith executed by the undersigned ("Borrower") to York Federal Savings and Loan Association ("Lender") secured by a Mortgage, Deed of Trust or Deed to Secure Debt ("Security Instrument") dated an even date herewith. In addition to the agreements and provisions made in said Note, Borrower and Lender further agree as follows: This loan is made for the purpose of £mancing the construction of improvements on the land described in the Mortgage which secures this Note and for the permanent financing thereof. Borrower promises to pay Lender consecutive monthly interest payments on the outstanding principal balance on the 1st day of the month beginning October 1, 1996. Such payments of interest shall continue until June 1, 1997. Beginning on July 1, 1997, I/we the Borrower hereby acknowledges and agrees that principal and interest payments must be paid on the full amount of the loan at the rate of interest and on the terms contained in the Note. If my/our home has not been completed at the end of the construction period, all funds in escrow will be held in a non-interest-bearing escrow account and I/we will additionally be obligated to make full principal and interest payments. Any provisions of said Note, or other such instruments executed in connection with said indebtedness which are inconsistent with the foregoing provisions of this Rider, are hereby amended or negated to the extent necessary to conform such instruments to the provisions of this Rider. IN WITNESS WHERE OF, Borrower has executed this Construction Loan Note Rider. M~LK E POTI~EIGER ~ ~ ~ '9z,, ~ ,,. !~--~,,,~ ~ (SEAL) PAULA-D POTTEIGEK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am the Default Manager 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 Manager IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK : F/K/A YORK FEDERAL SAVINGS No. 02-496-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK : Plaintiff VS. MARK E. POTTEIGER PAULA D. POTTEIGER Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 18, 2002 10-day Default Notices in the above-captioned matter were mailed to the Defendants Mark E. Potteiger and Paula D. Potteiger by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F. Riggs, Jr., Esquire (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK E. POTTEIGER PAULA D. POTTEIGER Defendants No. 02-496-Civil TO: Paula D. Potteiger 30 Faith Circle Carlisle, PA 17013 DATE OF NOTICE: March 18, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPER'rY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 Benjamin F. Rings,/Jr., Attol~y/~or Plaintiff (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00496 P ~OMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS POTTEIGER MARK E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: POTTEIGER MARK E but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On March 4th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 34.60 .00 71.60 03/04/2002 WAYPOINT BANK So answ? r~Da~ R/ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 15~-- day of ~ A.D. Prothonotary t SHERIFF'S RETURN - REGULAR CASE NO: 2002-00496 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS POTTEIGER MARK E ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POTTEIGER PAULA D the DEFENDANT , at 2125:00 HOURS, on the 4th day of February , 2002 at 30 FAITH CIRCLE CARLISLE, PA 17013 by handing to PAULA D. POTTEIGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this /3 -~ day of ~u~ ~ A.D. ~rdthonotary ~ So Answers: R. Thomas Kline 03/04/2002 WAYPOINT BANK COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PLAINTIFF/S/ Waypoint Bank DEFENDANT/S/ Mark E. Potteiger et al SERVICE CALL (717) 771-9601 4. TYPE OF WRIT OR COMPLAINT Notice & Cuuplaint in Foreclosure 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A'FI'ACHED, OR SOLD. Mark D. Porte±get ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, ~NP., STATE AND ZIP CODE) 105 South Pine Street Red Lion, PA 17356 7. INDICATE SERVICE: {~ PERSONAL O PERSON IN CHARGE ii'DEPUTIZE ,.~ ~,~C(~lt~_ ~1L,R I~ 1ST CLASS MAIL C} PO~i ku n OTHER NOW Januar7 31 ,20 02 I, SHERIFF~)'~'i'(~)UN'I'Y~PA~o hereby de.pu~jz..,~the shedff of York _ COUNTY to execut~~u~?~x:)rding to law. This deputization being made at the request and risk ofthe plaintiff. ~' ''r'~"SH~i~'F~OF--'~i~ ~' -- 8. SPECIAL INSTRUCTIONS OR OTHER INFORMAl'ION *I}IAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCE FEE PAID BY C[I~RIAND COUNTY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECU'ItON: N.B. WANER OF WATCHMAN - Any deputy sheriff levying upon or attaching any pmpe~ under within writ may leave same without a watchmen, in custody of whomever is found in possession, after co~ying parson of levy or attachment, without liability on the peril of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal Of any property bMore sJ~dff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE J 10. TELEPHONE NUMBER 11. DATE FILED BENJAMIN F. RIGGS, JR., ESQ. I PO BOX 1711, YORK, PA 17105-1711 (717) 815-4518 1/28/02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELO%~ {'l~is area must be completed if notice is to be meiled). CUMBERLAND CO~TY SHERIFF 13. I acknowiedge receipt ofthewnt or complaint as indicated above. J. LUDWIG 15. Ex~m~H.a,i,~ Date 2/27/02 16. HOWSERVED: PERSONAL(.~ RESlDENCE~* POSTED( } POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. n I hem_by cerlify and return aN. OT FOUND because I am unable to locate the individual, company, etc. named above. (See mmert,.s below.) 1,8. MAME~D ]~/ITLE.~F.II~J~I~M- S¢~;~¥ED I Lk%*'r ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) I 19. D~ of S/j~ce I 20. Time .of .S~aice Date TIme let. Time Miles Int. Date Time Miles Iht Date Time M~es Int. Date . 23. Advance Costs I 24. SeN'ice Costs I 25. N/F I 2S. ~ 12r Posmge128. Sub Total ] 29. Pound I 30. Notary ] 31. Surchg. 32. To~. ~ 33. C~sts 0ue c~. e~ u. 75.00 I 18.00 I 4.e01 32.6o I 12.00 I 134.601 ,.. Fo..,,. Co..~ ceate I ~s.,~ co~ ~. Se~e co., ~..o=~ c.,. ~..,.,e~oste~.ot Fo.nd ~. ~o~, C~ I ~0. CO~ O.e ~'..und 41. AFFIRMED and subec~bed to before me this 26TH 42. day of E1E~RUARY .20 0__~ 43. PRO~ .~ELt~ NOTARIAL SEAL ~ oSA J. SHAFFER, No.fy Pu~{c 50. I ACKNO~E"-D(~E-R~'CEIPT OF THE SHE~IFF'S~R,~d~j~"~ 91 OF AUTHORIZED ISSUING AUTHORITY AND TITL'E~' . .4 SO ANSWERS 44. S~eatom of ~ ~T,T,[~ H. HOS~ 48. S~n~m ~F~n ~ ~ I 49. DATE ~n~ Sh~ff I 5~. DATE ~ECEIVED I I. V~tiTE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Shedffs Office IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION-MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. 02-00496-Civil MARK E. POTTEIGER PAULA D. POTTEIGER Defendants PRAECIPE TO ENTER JUDGMENT To the Prothonotary: ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiff's Complaint in Mortgage Foreclosure against Mark E. Potteiger and Paula D. Potteiger in favor of Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank for the following: Amount Due Per Complaint .......... $127,530.62 Interest from 12/14/01 through 9/4/02 (inclusive) at $20.5169 per diem ...... $ 5,357.47 Late Charges from 12/14/01 through 9/4/02 (inclusive) at $38.57 per month ........ $ 154.28 Escrow Deficit .................... $ 395.40 TOTAL AMOUNT $133,437.77 with interest from 9/5/02 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $20.5169 per diem, from 9/5/02, late charges from 9/5/02 at 5% of the monthly payment amount, currently $38.57 per month, escrow, currently $169.07 per month from 9/5~02, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate. I HEREBY CERTIFY that on March 18, 2002 a 10-day Default Notice in the above- captioned matter was mailed to the Defendants Mark E. Potteiger and Paula D. Potteiger by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72030 ~ /(,. ,~o-o ~ ,2002 Judgment entered by the Prothonotary this day according to tl{e tenor of the above statement. Prothor~t'a~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK · F/WA YORK FEDE~L SAVINGS ' No. 02~96-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK E. POTTEIGER PAULA D. PO'I-r'EIGER Defendants P/eese ~r~e.~, CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 18, 2002 10-day Default Notices in the above-captioned matter were mailed to the Defendants Mark E. Potteiger and Paula D. Potteiger by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F. Riggs, Jr., Esquire (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 02-496-Civil VS. MARK E. POTTEIGER PAULA D. POTTEIGER Defendants TO: Mark E. Potteiger 105 South Pine Street Red Lion, PA 17356 DATE OF NOTICE: March' 18, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (71~/240-6200 Benjamin'F. R~ggs, Jr. (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK : F/K/A YORK FEDERAL SAVINGS : AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK : Plaintiff VS. MARK E. POTTEIGER PAULA D. POTTEIGER Defendants No. 02-496-Civil TO: Paula D. Potteiger 30 Faith Circle Carlisle, PA 17013 DATE OF NOTICE: March 18, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAP. ANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 Benjamin F. Ri~Igs, Jr., Atto~ey/~or (I.D. ~72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 Plaintiff OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 Paula D. Potteiger 30 Faith Circle Carlisle, PA 17013 Date No. 02-498-Civil RE: WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff VS: MARK E. POTTEIGER AND PAULA D. POTTEIGER, Defendants Notice is given that a judgment in the above-captioned matter has been entered against you on April ?(~ ~, 2002. PROTHONOTARY OF CUMBERLAND COUNTY By / / ~ or Deputy If you have any questions concerning the above case, please contact: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff P. O. Box 1711 Harrisburg, PA 17415-1711 Telephone: (717) 815-4518 (PA Rule of Civil Procedure 236, as revised) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff V$, No. 02-00496-Civil MARK E. POTTEIGER PAULA D. POTTEIGER Defendants AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, the Plaintiff in the above- captioned judgment, who, being duly sworn according to law, deposes that on the~'~day of April, 2002, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Pennsylvania Housing & Finance Agency 2101 North Front Street P. O. Box 8029 Harrisburg, PA 17105 Copy of Proof of Mailing is attached hereto. Benjami Attorney for the Plaintiff I.D. #72030 Sworn and subscribed to · before me this-~ ~'¢day of April, 2002 · My Commission expires: Bridget C Gaileghe¢, Notary, York York County lVly Commlss on Explre~ Feb. ~2 . U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER R*oeiv.d FroqNAYPOINT BANK ATTN: LEGAL DEPT. P.O. BOX 1711 One piece of ordinary mail addressed to: 8oz9 PS Form 3817, Mar. 1989 iDS U.S. POSTAL SERVICE CERTI MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER R.c.i~.d FromWAYPOiNT BANK ATTN: LEGAL DEPT. P.O. BOX 1711 ps One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK E. POTTEIGER PAULA D. POTTEIGER Defendants No. 02-00496-Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Mark E. Potteiger 105 South Pine Street Red Lion, PA 17356 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 4, 2002, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 184 Texaco Road Mechanicsburg, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 02-496-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Mark E. Potteiger Paula D. Potteiger A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Shedff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: Benjamin! Riggs, Attorney for the Plaintiff (I.D. #72030) ALL those two (2) certain lots or parcels of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1 BEGINNING at a point in the center of Public Road commonly known as Anderson Road; thence by land formerly of Earl B. Eichelberger, now or formerly of Lloyd Shelley, North 43 degrees 50 minutes West, two hundred sixty-three (263) feet to a pin; thence by land formerly of William Lehman, now or formerly of Forrest Brenneman, North 48 degrees East, eighty-seven and four-tenths (87.4) feet to a pin; thence by land now or formerly of J.H. Dowell, South 43 degrees 50 minutes East, two hundred fifty-four and sixty-two one-hundredths (254.62) feet to a point in the center of Public Road aforesaid; thence by the center of said Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a point in the center of public road commonly called Anderson Road, said point being South 42 degrees 30 minutes West four hundred nineteen (419) feet along the center line of Anderson Road from its intersection with the center line of another public road; thence by land of Joseph M. Hoffrnan and Minnie Hoffman, his wife, North 43 degrees 50 minutes West two hundred fifty-four and sixty-two hundredths (254.62) feet to an iron pin; thence by land formerly of William Lehman, now or formerly of Samuel Simmons, North 48 degrees East eighty-seven and four-tenths (87.4) feet to an iron pin; thence by land of the aforesaid Joseph M. Hoffrnan and Minnie Hoffman, his wife, South 43 degrees 50 minutes East two hundred forty-six and twenty-five hundredths (246.25) feet to a point in the center of Anderson Road; thence by the center line of Anderson Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. Improved by a ranch-type frame dwelling house. BEING KNOWN AND NUMBERED as 184 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. BEING THE SAME PREMISES which Mark E. Potteiger and Paula D. Potteiger by their Deed dated March 19, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on march 22, 1998 in Record Book 196, Page 136, granted and conveyed unto Paula D. Potteiger, one of the Defendants herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK E. POTTEIGER PAULA D. POTTEIGER Defendants No. 02-00496-Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Paula D. Pottieger 30 Faith Circle Carlisle, PA 17013 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 4, 2002, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 184 Texaco Road Mechanicsburg, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 02-496-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Mark E. Potteiger Paula D. Potteiger A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Shedff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivere~. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific retum date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: Ben Attorney for the Plaintiff (I.D. #72030) ALL those two (2) certain lots or parcels of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1 BEGINNING at a point in the center of Public Road commonly known as Anderson Road; thence by land formerly of Earl B. Eichelberger, now or formerly of Lloyd Shelley, North 43 degrees 50 minutes West, two hundred sixty-three (263) feet to a pin; thence by land formerly of William Lehman, now or formerly of Forrest Brenneman, North 48 degrees East, eighty-seven and four-tenths (87.4) feet to a pin; thence by land now or formerly of J.H. Dowell, South 43 degrees 50 minutes East, two hundred fifty-four and sixty-two one-hundredths (254.62) feet to a point in the center of Public Road aforesaid; thence by the center of said Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a point in the center of public road commonly called Anderson Road, said point being South 42 degrees 30 minutes West four hundred nineteen (419) feet along the center line of Anderson Road from its intersection with the center line of another public road; thence by land of Joseph M. Hoffrnan and Minnie Hoffman, his wife, North 43 degrees 50 minutes West two hundred fifty-four and sixty-two hundredths (254.62) feet to an iron pin; thence by land formerly of William Lehman, now or formerly of Samuel Simmons, North 48 degrees East eighty-seven and four-tenths (87.4) feet to an iron pin; thence by land of the aforesaid Joseph M. Hoffman and Minnie Hoffman, his wife, South 43 degrees 50 minutes East two hundred forty-six and twenty-five hundredths (246.25) feet to a point in the center of Anderson Road; thence by the center line of Anderson Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. Improved by a ranch-type frame dwelling house. BEING KNOWN AND NUMBERED as 184 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. BEING THE SAME PREMISES which Mark E. Potteiger and Paula D. Potteiger by their Deed dated March 19, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on march 22, 1998 in Record Book 196, Page 136, granted and conveyed unto Paula D. Potteiger, one of the Defendants.herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, f/K/a YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. 02-00496-Civil MARK E. POTTEIGER PAULA D. POTTEIGER Defendants PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3'149 To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Penna.; (2) against Mark E. Potteiger and Paula D. Potteiger, Defendants. (3) and index this writ against Mark E. Potteiger and Paula D. Potteiger, Defendants as a lis pendens against the real property of the Defendant as follows: ALL those two (2) certain tracts of land, with the improvements thereon erected, situate in Silver Spring Township, Cumberland County, as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $133,437.77 Plus Costs with interest from 9/5/02 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $20.5169 per diem, from 9/5/02, late charges from 9/5/02 at 5% of the monthly payment amount, currently $38.57 per month, escrow, currently $169.07 per month from 9/5/02, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems ' a~opria~te. ~ Dated: ~//,~/,~,~ ~ Benjamin F. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72030 ALL those two (2) certain lots or parcels of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1 BEGINNING at a point in the center of Public Road commonly known as Anderson Road; thence by land formerly of Earl B. Eichelberger, now or formerly of Lloyd Shelley, ~'~orth 43 degrees 50 minutes West, two hundred sixty-three (263) feet to a pin thence by land formerly of VVilliam Lehman, now or formerly of Forrest Brenneman, North 48 degrees East, eighty-seven and four-tenths (87.4) feet to a pin; thence by land now or formerly of J.H. Dowell, South 43 degrees 50 minutes East, two hundred fifty-four and sixty-two one-hundredths (254.62) feet to a point in the center of Public Road aforesaid; thence by the center of said Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a point in the center of public road commonly called Anderson Road, said point being South 42 degrees 30 minutes West four hundred nineteen (419) feet along the center line of Anderson Road from its intersection with the center line of another public road; thence by land of Joseph M. Hoffman and Minnie Hoffman, his wife, North 43 degrees 50 minutes West two hundred fifty-four and sixty-two hundredths (254.62) feet to an iron pin; thence by land formerly of VVilliam Lehman, now or formerly of Samuel Simmons, North 48 degrees East eighty-seven and four-tenths (87.4) feet to an iron pin; thence by land of the aforesaid Joseph M. Hoffman and Minnie Hoffman, his wife, South 43 degrees 50 minutes East two hundred forty-six and twenty-five hundredths (246.25) feet to a point in the center of Anderson Road; thence by the center line of Anderson Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. Improved by a ranch-type frame dwelling house. BEING KNOWN AND NUMBERED as 184 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. BEING THE SAME PREMISES which Mark E. Potteiger and Paula D. Potteiger by their Deed dated March 19, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on march 22, 1998 in Record Book 196, Page 136, granted and conveyed unto Paula D. Potteiger, one of the Defendants herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-496 Civil COUNTY OF CUMBERLAND) CML ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK PLANTIFF(S) From MARK E POTTEIGER 105 S PINE STREET, RED LION, PA 17356 AND PAULA D POTTEIGER 30 FAITH CIRCLE, CARLISLE PA 117013 (1) You are directed to levy upon the property of the defendant(s) and to sell REAL PROPERTY OF DEFENDANTS (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; Co) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS 133,437.77 L.L.$0.50 Interest WITH INTEREST FROM 9/05/02 AT SUCH RATE OR RATES ESTABLISHED BY PLFF PURSUANT TO THE TERMS OF THE ADJUSTABLE RATE NOTE CURRENTLY $20.5169 PER DIEM FROM 9/05/02 Due Prothy $1.00 ARy's Comm-% Other CostsLATE CHARGES FROM 9/05/02 AT 5% OF THE MONTHLY PAYMENT AMOUNT CURRENTLY $38.57 PER MONTH ESCROW CURRENTLY $169.07 PER MONTH FROM 9/5/02' Arty Paid $163.05 Plaintiff Paid Date: APRIL 16, 2002 REQUESTING PARTY: Name: BENJAMIN F RIGGS, JR Address: P. O. BOX 1711 HARRISBURG, PA. 17105-17111 Att~ low: PLKII~riFF Te_l~: 717-8154518 S~.:,. ~e Court: I'D No. 72030 CURTIS R. LONG Prothonotary, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK E. POTTEIGER PAULA D. POTTEIGER Defendants Commonwealth of Pennsylvania County of York No. 02-00496-Civil Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendants above named are not in the military service of the United States of America, that he has personal knowledge that the said Defendant Mark E. Potteiger's last-known address is 105 South Pine Street, Red Lion, Pennsylvania 17356 and that the said Defendant Paula 13. Potteiger's last-known address is 30 Faith Circle, Carlisle, Pennsylvania 17013. Sworn and subscribed before me this $,,~ ~-clay of April, 2002 Public Benjamin F.~ Attorney for Plaintiff I.D. No. 72030 My Commission expires: Bridget C Gatlagher, Notary Public York York County ,~ My Corn ~ ssio~ Expires Feb. 22, 200: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION-MORTGAGEFORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS, No. 02-00496-Civil MARK E. POTTEIGER PAULA D. PO-I-I'EIGER Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at Name Mark E. Potteiger Paula D. Potteiger Name Mark E. Potteiger Paula D. Potteiger 184 Texaco Road Mechanicsburg, PA 1705 Name and address of Owner(s) or Reputed Owner(s). Address 105 South Pine Street Red Lion, PA 17356 30 Faith Circle Carlisle, PA 17013 Name and address of Defendant(s) in the Judgment: Address 105 South Pine Street Red Lion, PA 17356 30 Faith Cimle Carlisle, PA 17013 Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) Not applicable 4. Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Pennsylvania Housing and Finance Agency 2101 North Front Street P.O. Box 8029 Harrisburg, PA 17105 Name and address of every other person who has any record lien on their property: Name Not applicable. Address (if address cannot be reasonably ascertained, please do indicate) Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, PA 17013 Name N/A Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Address (if address cannot be reasonably ascertained, please do indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ¢//,~/)~,,~ Benjamin F. ggs, Jr.! ~ey for Plaintiff I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION-MORTGAGE FORECLOSURE VVAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. 02-00496-Civil MARK E. POTTEIGER PAULA D. POTTEIGER Defendants AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, the Plaintiff in the above- captioned judgment, who, being duly sworn according to law, deposes that on the ,~'~ day of April, 2002, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Pennsylvania Housing & Finance Agency 2101 North Front Street P. O. Box 8029 Harrisburg, PA 17105 Copy of Proof of Mailing is attached hereto. Benjami Attorney for the Plaintiff I.D. #72030 Sworn and subscril~ed to · before me this~ ~'~'day · of April, 2002 . otary Public : My Commission expires: Notaria Seal ~B~dget C. Gallagher, Notary Pub!it York York County LMYCommtss~on Exptres Feb. 22, u.s. POSTAL SERWCE CERTIFICATE OF MAII, II~IG I MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER R.~i~.~ F,O.WAYPOiNT BANK ATTN= LEGAL DEPT. P.O. BOX 1711 IDS of One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 u.s. POSTAL SERWCE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER R.c.,v.d FromWAYPOiNT BANK ATTN: LEGAL DEPT. P.O. BOX 1711 One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 COMMONWEALTH OF PENNSYLVANIA ? S S: COUNTY OF CUMBERLAND I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wavpoint Bank fka Yoark Fed Savs& Ln Assoc is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., i }2002, under and by virtue ora writ Execution issued on the 16th day of April, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, _2002 Number 496, at the suit of Wa,/point Bank fka York Fed Says & Ln against Mark E Potteiger & Paula D is duly recorded in Sheriff's Deed Book No. 253, Page 3257. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office thi~ 20 day of Sept, A.D. 92002. ~ F'~ ~ Recorder of Deeds Waypoint Bank f/k/a York Federal Savings In The Court of Common Pleas of And Loan Association and Harris Cumberland County, Pennsylvania Savings Bank Writ No. 2002-496 Civil Term VS Mark E. Potteiger and Paula D. Potteiger Brian Barrick, Deputy Sheriff, who being duly swom according to law, states that on May 09, 2002 at 3:22 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Paula D. Potteiger, by making known unto Rose Eisenhour, adult in charge of residence, at 30 Faith Circle, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Mark E. Potteiger, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice and Description, in the above entitled action, according to law. YORK COUNTY RETURN: Served Mark E. Potteiger, defendant, on the 22nd day of May, 2002 at 12:05 PM, by handing to Lori Potteiger, wife of defendant, and making known unto her the contents thereof at 105 South Pine Street, Red Lion, York County, Pennsylvania. So answers: William Hose, Sheriff of York County, Pennsylvania. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2002 at 10:24 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark E. Potteiger and Paula D. Potteiger located at 184 Texaco Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Paula D. Potteiger, by regular mail to her last known address of 30 Faith Circle, Carlisle, PA 17013. This letter was mailed under the date of July 12, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Mark E. Potteiger, by regular mail to his last known address of 105 South Pine Street, Red Lion, PA 17356. This letter was mailed under the date of July 12, 2002 and never returned to the Sheriff's Office. -R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Benjamin Riggs for Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank. It being the highest bid and the best price received for the same Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, of, P.O. Box 1711, Harrisburg, PA 17105 - 1711, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $1118.54 it being costs. Sheriff's Costs: Docketing $30.00 Poundage 21.93 Posting Handbills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 20.00 Law Library .50 Prothonotary 1.00 Mileage 9.66 Certified Mail 2.80 Levy 30.00 Surcharge 40.00 Out of County 9.00 York County 41.90 Law Journal 423.50 Patriot News 318.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $1118.54 paid by attorney 9/17/02 Sworn and subscribed to before me This ~o ~ day of~ R. Thomas Kline, Sheriff Real EstateCDeputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION-MORTGAGEFORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCiATiON AND HARRIS SAVINGS BANK Plaintiff VS. MARK E. POTTEIGER PAULA D. PO'I-FEIGER Defendants No. 02-00496-Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 184 Texaco Road Mechanicsbu~, PA 1705 1. Name and address of Owner(s) or Reputed Owner(s). Address 105 South Pine Street Red Lion, PA 17356 Name Mark E. Potteiger 30 Faith Circle Carlisle, PA 17013 Paula D. Potteiger 2. Name and address of Defendant(s) in the Judgment: Address 105 South Pine Steer Red Lion, PA 17356 Name Mark E. Po~eiger Paula D. Potteiger 30 Faith Circle Carlisle, PA 17013 Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) Not applicable Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f/ida York Federal Savings and Loan Association and Harris Savings Bank Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Pennsylvania Housing and Finance Agency 2101 North Front Street P.O. Box 8029 Harrisburg, PA 17105 Name and address of every other person who has any record lien on their property: Name Not applicable. Address (if address cannot be reasonably ascertained, please do indicate) Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, PA 17013 Name N/A Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Address (if address cannot be reasonably ascertained, please do indicate) ~ verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unswom falsification to authorities. Date: ~ '~//~/)~?" Benjamin F~ ~,i ,l~tt~ey ggs, Jr.~ for Plaintiff I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION No. 02-00496-Civil AND HARRIS SAVINGS BANK Plaintiff VS. MARK E. PO'I-rEIGER PAULA D. PO'I-rEIGER Defendants TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 Mark E. Potteiger 105 South Pine Street Red Lion, PA 17356 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on September 4, 2002, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 184 Texaco Road Mechanicsburg, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 02--496-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Mark E. Potteiger Paula D. Potteiger A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER iS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: Benjamin "I~. Riggs, ~ '(,~-- Attorney for the Plaintiff (I.D. #72030) ALL those two (2) certain lots or parcels of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1 'BEGINNING at a point in the center of Public Road commonly known as Anderson Road; thence by land formerly of Earl B. Eichelberger, now or formerly of Lloyd Shelley, North 43 degrees 50 minutes West, two hundred sixty-three (263) feet to a pin; thence by land formerly of William Lehman, now or formerly of Forrest Brenneman, North 48 degrees East, eighty-seven and four-tenths (87.4) feet to a pin; thence by land now or formerly of J.H. Dowell, South 43 degrees 50 minutes East, two hundred fifty-four and sixty-two one-hundredths (254.62) feet to a point in the center of Public Road aforesaid; thence by the center of said Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a point in the center of public road commonly called Anderson Road, said point being South 42 degrees 30 minutes West four hundred nineteen (419) feet along the center line of Anderson Road from its intersection with the center line of another public road; thence by land of Joseph M. Hoffman and Minnie Hoffman, his wife, North 43 degrees 50 minutes West two hundred fifty-four and sixty-two hundredths (254.62) feet to an iron pin; thence by land formerly of William Lehman, now or formerly of Samuel Simmons, North 48 degrees East eighty-seven and four-tenths (87.4) feet to an iron pin; thence by land of the aforesaid Joseph M. Hoffman and Minnie Hoffman, his wife, South 43 degrees 50 minutes East two hundred forty-six and twenty-five hundredths (246.25) feet to a point in the center of Anderson Road; thence by the center line of Anderson Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. Improved by a ranch-type frame dwelling house. BEING KNOWN AND NUMBERED as 184 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. BEING THE SAME PREMISES which Mark E. Potteiger and Pauia D. Potteiger by their Deed dated March 19, 1998 and recorded in the Qffice of the Recorder of Deeds in and for Cumberland County on march 22, 1998 in Record Book 196, Page 136, granted and conveyed unto Paula D. Potteiger, one of the Defendants herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. 02-00496-Civil MARK E. POTTEIGER PAULA D. POTTEIG~R Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Paula D. Pottieger 30 Faith (~ircle Carlisle, PA 17013 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 4, 2002, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 0:00 o clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 184 Texaco Road Mechanicsburg, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 02-496-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Mark E. Potteiger Paula D. Potteiger A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: ~//,,-//~ ~,. Attorney for the Plaintiff (I.D. #72030) ALL those two (2) certain lots or parcels of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1 BEGINNING at a point in the center of Public Road commonly known as Anderson Road; thence by land formerly of Earl B. Eichelberger, now or formerly of Lloyd Shelley, North 43 degrees 50 minutes West, two hundred sixty-three (263) feet to a pin; thence by land formerly of William Lehman, now or formerly of Forrest Brenneman, North 48 degrees East, eighty-seven and four-tenths (87.4) feet to a pin; thence by land now or formerly of J.H. Dowell, South 43 degrees 50 minutes East, two hundred fifty-four and sixty-two one-hundredths (254.62) feet to a point in the center of Public Road aforesaid; thence by the center of said Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. TRACT NO. 2 BEGINNING at a point in the center of public road commonly called Anderson Road, said point being South 42 degrees 30 minutes West four hundred nineteen (419) feet along the center line of Anderson Road from its intersection with the center line of another public road; thence by land of Joseph M. Hoffman and Minnie Hoffman, his wife, North 43 degrees 50 minutes West two hundred fifty-four and sixty-two hundredths (254.62) feet to an iron pin; thence by land formerly of William Lehman, now or formerly of Samuel Simmons, North 48 degrees East eighty-seven and four-tenths (87.4) feet to an iron pin; thence by land of the aforesaid Joseph M. Hoffman and Minnie Hoffman, his wife, South 43 degrees 50 minutes East two hundred forty-six and twenty-five hundredths (246.25) feet to a point in the center of Anderson Road; thence by the center line of Anderson Road, South 42 degrees 30 minutes West eighty-seven (87) feet to the place of BEGINNING. Improved by a ranch-type frame dwelling house. BEING KNOWN AND NUMBERED as 184 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. BEING THE SAME PREMISES which Mark E. Potteiger and Paula D. Potteiger by their Deed dated March 19, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on march 22, 1998 in Record Book 196, Page 136, granted and conveyed unto Paula D. Potteiger, one of the Defendants herein. WRIT OF EXECUT][ON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-496 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due WAYPOINT BANK F/FdA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK PLANTIFF(S) From MARK E POTTEIGER 105 S PINE STREET, RED LION, PA 17356 AND PAULA D POTTEIGER 30 FAITH CIRCLE, CARLISLE PA 117013 (1) You are directed to leW upon the property of the defendant(s) and to sell REAL PROPERTY OF DEFENDANTS (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to not/fy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defenclant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS 133,437.77 L.L.$0.50 Interest WITH INTEREST FROM 9/05/02 AT SUCH RATE OR RATES ESTABLISHED BY PLFF PURSUANT TO THE TERMS OF THE ADJUSTABLE RATE NOTE CURRENTLY $20.5169 PER DIEM FROM 9/05/02 Due Prothy $1.00 At~y's Corem--% Other CostsLATE CHARGES FROM 9/05/02 AT 5% OF THE MONTHLY PAYMENT AMOUNT CURRENTLY $38.57 PER MONTH ESCROW CURRENTLY $169.07 PER MONTH FROM 9/5/02' Arty Paid $163.05 Plaintiff Paid Date: APRIL 16, 2002 REQUESTING PARTY: Name: BENJAMIN F RIGGS, JR Address: P. O. BOX 1711 HARRISBURG, PA. 17105-17111 Attorney for: PLAINTIFF Tele~e: 717-8154518 Suprene Court ID No. 72030 CURTIS R. LONG Prothonotary, Civil Division By: ~.. ~ '~.ff~ Real Estate Sale #09 On May 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 184 Texaco Road, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 9, 2002 By: ',Jo o/~/,J'. ~r~ Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE 8ALE NO. 9 Writ No. 2002-496 Civil Waypoint Bank f/k/a York Federal Savings and Loan Association and Harris Savings Bank Mark E. potteiger and panla D. Potteiger Atty.: Benjaxnin F. Pdggs, Jr. ALL those two i2) certain lots or parcels of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows: TRACT NO. 1 BEGINNING at a point in the cen- ter of Public Road commonly known as Anderson 1Road; thence by land formerly of Earl B. Elchelberger, now or formerly of Lloyd Shelley, North 43 degrees 50 minutes West, two hundred sixtyAhree {263) feet to a pin; thence by land formerly of llmm l.mhman, now or formerly of ~ditor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 · rrest Brennema:i. Norih 48 de grees East, eighty-seven and four- tenths [87.4) feet to a pin: thence by land now or formerly of al.H, Dowell, South 43 degrees 50 min- utes East, two hundred fifty-four and slxW two one-hundredths (254- .621 feet to a point in the center of Public Road aforesaid: thence by the center of said Road, South 42 degrees 30 minutes West eighty- seven /87) feet to the place of BE- GINNING. TRACT NO. 2 BEGINNING at a point in the cen- ter of public road commonly called Anderson Road; said point being South 42 degrees BO minutes West four hundred nineteen [419) feet a/onE the center line of Anderson Road from its intersection w~th the center line of another public road: thence by land of Joseph M. Hoff- man and Mirmie Hoffman, his wife, North 43 degrees 50 minutes West two hundred fifty-four and sixty-two hundredths [254.62) feet to an iron Pin: thence by land formerly of Wil- liam Lehman, now or formerly of Samuel Simmons, North 48 degrees East eighty-seven and four-tenths (87.4) feet to an iron pin: thence by land of the aforesaid Joseph Hoffman and Minnie Hoffman. his wife, South 43 degrees 50 minutes East two hundred forty-slx and , twenty-five hundredths (246.25) feet to a point in the center of An- derson Road; thence by the center lthe of Anderson Road. South 42 degrees 30 minutes West eighty- seVen [87) feet to the place of GINNING. Improved by a ranch-type frame dwelling house. BEING KNOWN AND NUMBERED as 184 Texaco Road. Mechanics- burg. Cumberland County. Pennsyl- vmala 17055. BBING THE SAME PREMiSES which Mark E. Potteiger and Paula D. Potteiger by their Deed dated March 19, 1998 and recorded in the Office of the Recorder of Deeds ha and for Cumberland County on March 22, 1998 in Record Book 196. Page 136. granted and con- veyed unto Paula D. Potteiger, one of the Defendants herein. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The patriot-News and The P t i t-N newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .................................................... COPY S~~m~b~s 14th day of/A~us/t~02 A.D. / ~o~:~'~;~ NOT~{RY PUBLIC . . Notaries · ' ' ~~onOfNOtares My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 316.80 $ 1.75 $ 318.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.