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HomeMy WebLinkAbout02-0697IN 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 AND AVSTAR MORTGAGE CORP. Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 AND AVSTAR MORTGAGE CORP. Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants · No. AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECClON ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENClA 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 AND AVSTAR MORTGAGE CORP. Plaintiff VS. MARK RODGERS HOLLYI. RODGERS Defendants NO. COMPLAINT AND NOW, comes Plaintiff Waypoint Bank, f/Ida York Federal Savings and Loan Association and Harris Savings Bank and Avstar Mortgage Corp. (hereinafter "Waypoint Bank"), by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants Mark Rodgers and Holly I. Rodgers, 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 Defendants is Holly I. Rodgers who is an adult individual residing in the Mortgaged Premises at 43 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025, and she is a mortgagor and real owner of the Mortgaged Premises, having acquired title by Deed dated September 23, 1988 and recorded on September 23, 1988, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 0-33, Page 800. 3. One of the Defendants is Mark Rodgers who is an adult individual residing at 5 West Green Street, #B, Shiremanstown, Cumberland County, Pennsylvania 17011, and he is a mortgagor and real owner of the Mortgaged Premises located at 43 East Columbia Road, Cumberland County, Pennsylvania 17025, having acquired title by Deed dated September 23, 1988, and recorded on September 23, 1988 in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 0-33 Page 800. Mortgage 4. On or about April 24, 1995, Defendants made, executed, and delivered to Avstar Mortgage Corporation a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on May 2, 1995 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1260, Page 1117. 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. The aformentioned Mortgage was assigned to Harris Savings Bank by Avstar Mortgage Corporation by an Assignment Agreement dated April 17, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on June 9, 1999 in Miscellaneous Book 615, Page 562. A copy of said Assignment Agreement is attached hereto, made a part hereof and incorporated herein as Exhibit B. 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 July 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 July 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 ................ Interest from 7/1/01 to 12/26/01 (inclusive) at $12.7372 per diem .......... Late Charges from 7/1/01 to 12/26/01 (inclusive) at $22.54 per month ..... Escrow Deficit ........................ Homeowner's Insurance (due 9/23/02) ...... Insurance (due 4/1/02) .................. Taxes (due 8/1/02) .................... Taxes (due 4/1/02) .................... Attorney's Commission 5% ............. $56,352.73 $ 2,642.98 $ 110.21 $ 256.18 $ 200.00 $ 174.04 $ 498.51 $ 183.15 $ 2,817.63 TOTAL AMOUNT DUE $63,235.43 Compliance with Homeowners' Emergency Assistance Act 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i) Defendant has failed to meet with the Plainitff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendant, a true and correct copy of which is attached hereto as Exhibit C; or (ii) Defendant's application for assistance has been rejected by the Pennsylvania Housing Finance Agency. Inapplicability of Loan Interest and Protection Law 10. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101et 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. Termination of Automatic Bankruptcy Stay 11. On or about May 21, 2001, Defendants Mark Rodgers and Holly I. Rodgers filed Chapter 7 bankruptcy with United States Bankruptcy for the Middle District of Pennsylvania, which bankruptcy case was docketed to Case No. 01-02145RJW-1. 12. On June 14, 2001, said Bankruptcy Court entered an Order terminating the automatic stay arising from virtue of 11 U.S.C. § 362(a) with respect to Plaintiff, and permitting Plaintiff to bring this action to foreclose said Mortgage. ^ true and correct copy of said Order is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT WHEREFORE, Plaintiff Waypoint Bank, f/Ida York Federal Savings and Loan Association and Harris Savings Bank prays for judgment in its favor and against Defendants Mark Rodgers and Holly I. Rodgers in the amount of Sixty Three Thousand Two Hundred Thirty Five and 43/100 Dollars ($63,235.43), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $12.7372 per diem, from 12/27/01, late charges at 5% of the monthly payment amount, currently $22.54 per month from 12/27/01, escrow charges, currently $142.47 per month from 12/27/01, 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 By deems appropriate. Benja~s, j~/. ~ '~ Attorney for Plaintiff P.O. Box 1711 York, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 Parcel Number: [Space Above This Linc For Recording Datal Documents Prepar~ed.)my: - 4- ' -, . -'"' MORTGAGE ~ ~_ ~/'~d/~-~:~'/ i r ~-'~''~:'~, '~A~-~ ~ ~RESA R. CARLS0~ Loan N~3mber: 700162801 THIS MORTGAGE ("Security Instrument") is given on APRIL 24 ,1995 · The mortgagor is MARK RODGERS AND HOLLY I. RODGERS ("Borrowcr").ThisSeeuri~Instrumcntisgivcnto AVSTAR MORTGAGE CORPORATION The Commonwealth of Pennsylvania , andwhose which is organized ~nd exwfing under the laws of addressis -1777 SE~TK¥ P~Y WEST,%200, BLUE BELL , PA 19422-0708 ("Lender"). Borrower owes Lender the principal sum of SIXTY THOUSAND AND 00/100 ********************************************************* Dollars (U.S. S 60,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Sec~c Instrument ("Note"), which provides for monthly payments, with the full debt, ff not paid earlier, due and payable on 01 ,2025 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Nnle: with interest, ........ o-~ ~" ........ ~o,'~ cx~ns~ons' m:d 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 m Lender the following described property located in CUMBERLAND County, Pennsylvania: Legal Description attached hereto and made a part hereof. which has the address of 43 EAST COLU'~IA ROAD ENOLA Pennsylvania 17025 IZip Code] ("Property Address"); PENNSYLVANIA - Single Family - FNMA/FHLMC UNIFORM INSTRUMENT Form3039 9/90 (~)~-6R(PA) I,a'~o)~tg1;j-=e 1.1 Amended 5/91 .... Page I of 6 Initials: ~[ ~ IStreek City], TOGHTH~I~ WITH all the improvements now or hereafter erected on the property, and all easements, aPl~tenanc'es, and fixtures now or hereafter a part of the property. All replacements and additions shall 'also be covered by this Security Instrument. Ail 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 tide 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 instalment 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 premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if may; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 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 Inslimment. 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 die acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, 'all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender ',ill notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends agmnst 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 htltler of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines trait any part of the Property is subject to a lien which may attmn 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. Form 3039 9/9~,~..~ ~-6R(PA)I~o) mtgline 1.1 1260 Elll8 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 insiRance shall be maintained in the mounts and for the periods that Lender requires. The insurance career providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage descfibed above, Lender may, at Lender's option, obtain coverage to protect Lender's fights 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 fight 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 carnet and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in wfiting, insurance proceeds shall be applied to restoration or repair of the Property damaged, ff the restoration or repair is economically feasible and Lender's security is not lessened. If the 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 sums secured' by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in wfiting, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments relaxed to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's fight 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 Insmxment immediately pfior 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 circumstances 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's 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 impakment 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 pfincipal 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 fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a hen which has priority over this Secufity Instrument, appearing in COurt, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date o1' 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 premimns 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 ~-6R(PA) (941 o) mtgline 1.1 Page 3 of ~ Form 3039 9/90..~. Ini,ials: ~./~'~ ~ -6R(PA)(g~lO) paymen~ may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the perigd' 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 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 pard'al taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the 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 sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secttred 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 sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise 9f any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who .co-signs this Security instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally 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) an3' such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partaal 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 mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instalment 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. ':" o,m mt~line 1.1 16. Borrower's Cop),. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or ~ransferred and Borrower is not a natural person) wi~out 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 toReinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earher of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) enu'y of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Sectmty Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that 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, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantifies of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. BorroWer shall pr0mpfly 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 remediation of any Hg~arflous 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, "Ha?ardous 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-LrN. IFORM COVENANrTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by .judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution. extension of time, exemption from attachment, levl, and sale, and homestead exemption. {~) -6R(PA)I9,~Im Pags 5 of 6 · mtgl~ne 1.1 ; ~ . Form 3039 24. Reinstatement Period. Borrow~'s time to reinstate provided in paragraph 18 shall, extend to one hour prier to the commencement of bidding at a sheriff' s sale or other,sale` pursuant to this:-~S ecurity Instmment. 25. Purchase Money Mortgage. If any of the debt secured by this SecUrity Instrument is lent to Borrower to acquire tide to the Property, this Security InsUmment 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. 27. 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 Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ['~ Adjustable Rate Rider ~ Condominium Rider [~ 1-4 Family Rider ~ Graduated Payment Rider ~ Planned Unit Development Rider ~ Biweekly Payment Rider · [--~ Balloon Rider [-~ Rate Improvement Rider [--~ Second Home Rider [~ VA Rider [~ Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in airy rider(s) executed by Borrower and recorded with it. Wimesses: H R -Borrower .(seal) (s~) -Borrower -Borrower Certificate of Residence I, THERESA R. CARLSON , do hereby certify that the correct ad.ess of the within-named Mortgagee is 1777 SI~TR~ PANIC-AY WEST $200 BLUE BELL PA 19422-0708 Witness my hand this T~NTY FOURTH day of COMMONWEALTH OF PENNSYLVANIA, On this, the personally appeared APRIL 199 $ x. THERESA R. CARLSON Agent of Mon~ee County ss: DAUPHIN 24 day of APRIL MARK RODGERS AND HOLLY I. RODGERS 1995 , before me, the undersigned officer, known to me (or satisfactorily person '~ whose name a ara subscribed to the within instrument and acknowledged that executed the same for the purposes herein contained. IN WITNESS WHEREOF I hereunto set my hand and official seat My Commission Expires ~ '._~;',,,c~,*.!,~ .~ 1 1 -6R(PA)(~a~m Pag. s ~l s 1260 h22 Form 3039 9/90 Description ',. ~ THAT CEETAIN lot or piece of land with the buildings and improvemen~ thereon situate in EaSt pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Regi~cered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the Nord~ side of Columbia Road (64 feet wide) at the corner of lands now or late of D, Blessing; said point being measured 520.91 feet to the Southwest terminus of a curve connecting the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardiy along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the corner of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 61.96 feet to a hub at the corner of lands now or formerly of D, Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the Place of BEGINNING. HAVING THEli~-ON ER~ a OWelling house known as and numbered 43 Columbia Road. BEING the same premises which David B. Williams and Mary Jo Williams, his wife,, by their deed dated September 22, 1988 and recorded September 23, 1988 In Deed Book "0; Volume 33, Page 800 in the Cumberland County Recorder of Deeds, grante~~ and conveyed unto Mark Rodgers and Holly I. Rodgers, MOETGAGORS herein. '~,u mberlano the offic~ for the recordl~ I. BORROWER'S PROMISE TO PAY In return for a loan that I llave received, I promise to pay U.S. S 6 0,0 o 0 :'o o (this amount is called 'prianipal"), plus interest, to the order of the Lender. The Lender is AVATAR MORT~AOE C0RP0~ATiON . i und~d tllat the Lender may mmsfer 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." Z. INTEREST Interest will be charged on unpaid principal undl the full amount of principal has b~u paid. I will pay interest at a yearly rate of 8.250 %. The interest rate r~quired by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments ! will pay principal and intm~st by making payments every month. I will make my monthly payments on the £ira~rday of each month beginning on JUNE 01 , 1595 . I will make the~e paymants every month until I have paid all of the principal and interest and any other charges daseribed below that I m~ owe under this Note. My monthly payments will be applied to interest before principal. If, on MAY , 2025 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is callexl the "Maturiq, Date." I will make my monthly payments at 1777 S~L'RY PAnKI~_~' WEST, SUITE 200, P.O. B~X 3022 nL~E nELL , PA 19422-0708 or at a different place ff required by the Noto Holder. (B) Amount of Monthly Payments My monthly paymant will be in the amount of U.S. $ 450.76 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time be, for= they ar~ due. A payment of principal only is known as a "pr=paymant". When I make a pr=paymant, I will teB the Note Holder in writing that I am doing so. I may make a full prepayment or partial pr=payments without paying any pr~ayment charge. The Note Holder will use all of my pr=payments to reduce the amount of principal that I owe under this Note. If I make a pardul pr=payment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally intexl~reted so that the interest or other loan charges collected or to be collected in connectiun With this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (ii) any sums already collected from me wliich exoe.~ded permitted limits will be refunded to me. The Note Holder may choose to make this r~fund by reducing the principal I owe under this Note or by making a direct payment to me. If a r~fund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROW'ER'S FAILURE TO PAY AS REQUIRED (A) Lat~ Charge for Overdue Payment~ If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, ] will pay a late charge to the Not~ 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 fall amount of each monthly payment on the date it is due, I will be in defanlt. (C) Notice of Default Il' 1 am in default, thc Note Holder may send me a writ~n 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 which 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 mulled to me. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, tile Note Holder does not require me to pay immediately in full as described above, the Note Holder will still trove the right m do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay immediately in full as described above, tile Note Holder will have the right to be paid back by me for all of its costs and expense~ in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fee~. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that mast be given to me under this Note will be givee hy 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 addresa. . Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mall to the Nora Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different ad.ess. ii. OBLIGATIONS OF PERsoNs UNDER THIS NOTE If more gaan one person signs this Note, each person is fully and personally obligated to keep all of the prormSes made in thi~ Note, including the promi~ m 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 lakes over these obligations, including the obligauons of a guarantor, surety or endorser of this Note, is also obligated to k~p alt of the promises made in this Note. The Note Holder may enfome iu righ~ under this Note against each person individually or against all of us together. This means that soy one of us may be required to pay all of the amotmts owed under this Nom. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment'~ means rite right to require the Note Holder to demand payment of mounts due. "Notice of dishonor" means the right to require the Note Holder to ,give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a unifomt instrument wilh 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 which might result if I do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficiallnterest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a benefmial interest in Borrower is sold or transferre8 and Borrower is not a natural person) without Lender's prior written cement, 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 es of the date of this Security Insu'ument. If Lender exercises this option, Lender shall give Bon'ower 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 Insu'ument. 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. HOLLY &. H(F~R,~ -- (Seal) SSN: (seal) SSN: (Seal) (Sign Original Only) , Sa~a . . . T-878 LOOK FOR Uc;. WE'LL GET YOU THERE. October 30, 2001 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default~ and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help~ you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TI-IE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name~ address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions~ you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR V/VIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIM1R SU HIPOTECA. P.O. Box 1711, HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrE~ 1-866-WAYPOINT (I-866-9;~9-7646) · vvvvw, wagpointbank.com HOMEOWNER'S NAME: _Mark Rodgers PROPERTY ADDRESS: MAILING ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: 43 East Columbia Road, Enola, Pa 17025 5 W Green St #B, Shiremanstown, Pa 17011 7001628 Avstar Mortgage CURRENT LENDER/SERVICER: Waypoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF TI-IE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISlq-ED BY THE TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary stay &foreclosure on your mortgage for thirty (30) days fi.om the date of this Notice. Dunng that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TI-lIS MEETING MUST OCCUR WITHIN THE NI~XT THIRTY (30) DAYS. 11: YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BR1NG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end &this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TI-IE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SItOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property located at: _ 43 East Columbia Road, Enola, Pa 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments of $593.23 due for July, August, September and October 2001. B. Other charges: Late charges: 65.13 Total Amount Past Due: 2438.05 HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2438.05. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Waypoint Bank 449 Eisenhower Boulevard Harrisburg, PA 17111 IF YOU DO NOT CURE THE DEFAULT---If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort£a~e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged orooertw. IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period~ you will not be required to pay attorney's fees. OT~R LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARI,IEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Waypoint Bank 449 Eisenhower Blvd., Harrisburg, PA 17111 (717) 909-2735 or 1-866-929-7646 ext. 2735 (717) 909-2780 Tonya Hadley EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE---You X may or _may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Tonya ~}.-' Collection Counselor TH/nek If funds are received and negotiated in less than the totz/amount due including legal fees and costs; ~X~aypoint Bank reserves the right to return the funds to you and continue with legal proceedings pending receipt of the totfll amount clue. Wagp , n LOOK FOR US. WE'LL GET YOU THERE. CUMBERLAND COUNTY CCCS of Westem Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6t~ Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, Pa 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 P.O. Box 1711, HARRI~iBURG, PENNSYLVANIA 17105-1711 Toll FrEe 1-866-WAYPOINT (I-866-929-7646) , vvvwv.wagpointbank.com Wa .jp=o.i.n.l: LOOK FOR US. WE'LL GET YOU THERe. October 30, 2001 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default~ and the lender intend~ to foreclose. Specific information about the nature of the default is provided in the attached pages_ The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if I-IEMAP can help~ you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you whe. you meet with the Counseling A~encv. The name, address and phone number of Consumer Credit Counseling Agencic.:, servine your County are listed at the end of thia Notice. If you have any questions~ you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED/MIR SU HIPOTECA. RO. Box 171 I, HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrEE I-FI66-WAYPOINT (I-866-929-7646) · www.wa~lpointbank.com HOMEOWNER'S NAME: _Holly I Rodgers PROPERTY ADDRESS: MAH,ING ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: Avstar Mortgage 43 East Columbia Road, Enola, Pa 17025 5 W Green St #B, Shiremanstown, Pa 17011 7001628 CURRENT LENDER/SERVICER: Waypoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE FJ,IGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CONTROL, IF YOU HAVE A REASONABLE MORTGAGE PAYMENTS, AND CAUSED BY CIRCUMSTANCES BEYOND YOUR PROSPECT OF BEING ABLE TO PAY YOUR · IF YOU MEET OTI:IER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN ~ NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the count,/in which the property is located are set forth at the end &this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO N~)T FOLLOW TI-W~ OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: _ 43 East Columbia Road, Enola, Pa 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments of $593.23 due for July, August, September and October 2001. B. Other charges: Late charges: 65.13 Total Amount Past Due: 2438.05 HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2438.05. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Wa/point Bank 449 Eisenhower Boulevard Harrisburg, PA 17111 IF YOU DO NOT CURE THE DEFAULT---If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgal.~e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged oroperl3,. IF TIlE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the TI-IIRTY (30) DAY period~ you will not be required to pay attorney's fees. OTI-IER LENDER REMEDIES---The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY per/od and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attome¥'s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EABI.IEST POSSIBLE SHERIFF'S SALE DATE---It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any .time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Waypoint Bank 449 Eisenhower Blvd., Harrisburg, PA 17111 (717) 909-2735 or 1-866-929-7646 ext. 2735 (717) 909-2780 Tonya Hadley EFFECT OF SHERIFF'S SALE---You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You X may or _may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. TH/nek YOU MAY ALSO HAVE TI~ RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFALrLT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very~tmly yours, Tonya Hadley Collection Counselor If funds are received and negotiated in less than the rote1 mount due including legal fees and cosrs~ Waypomr Bank reserves the right to return the funds to you and continue with legal proceedings pending receipt of the to,al amoura~ due. LOC)I( FOR U-% WE'LL GET YOU THERE. C:UMBE.~ND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6t~ Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, Pa 17104 (717) 232-9757 FAX (7I 7) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 RO. Box 1711. HARRISBURG, PENNSYLVANIA 17105-1711 Toll FPe~ I-B66-WAYPOINT (I-B66-929-7646) · w~.wagpointbanlc.corn LOOK FOR US. WE'LL GET YOU TH~R{~i September 5, 2001 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in defanlt~ and the lender intend. to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (I-YEMAP) may be able to help tn save your home. This notice explains how the program works. To see if I~EMAI~ can help~ you must MEET WITH A CONSUiVIER CREDIT COUNSF. I.ING AGENCY WITI~N 30 DAYg OF TRF~ DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The namer address and phone number of Consumer Credit Counseling Agencie.~ serving your County are listed at the end of this Notice. If you have any questions~ yon may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UlNA TRADUCCION INNEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU ttlPOTECA. RO. Box 17i I, HARRISBURG, P~NNSYLVANIA 1710~-1711 Toll Fe~ I-1=I66-WAYPOINT (I-866-9;~-7646) · IN YORK AREA 717/81~-4500 - vvww.wagpointbank.com HOMEOWNER'S NAME: loROPERTY ADDRESS: MAH,1NG ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: _Mark Rodgers 43 East Columbia Road, Enola, Pa 17025 43 East Colnmbia Road, Enola, Pa 17025 7001628 Avstar Mortgage CURRENT LENDER/SERVICER: Waypoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE E1 JGIBLE FOR FINANCIAL ASSISTANCE WI~CH CAN SAVE YOUR HOME FROM FORECLOSURE AND FtEI,P YOU MAKE FIYrURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TI-W. PROVISIONS OF TFW. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TI:W. "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABI,F~ PROSPECT OF BEING ABI,F~ TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTI:W~R ELIGIBH JTY REQUIREMENTS ESTABLISgrED BY ~ TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that lime you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITlqIN ~ NEXT TFIIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE~ YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIIE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSU1VIER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU F&H, TO DO SO OR IF YOU DO NOT FOLLOW T~IE, OTFiER TIME PERIODS SET FORTH IN TttIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR ¥1'OME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WlI,I, BE DENIED. AGENCY ACTiON--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CWRRENTLY PROTECTED BY TH'F, FILING OF A PETITION IN BANKRUPTCY, THE FOI,I,OWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COH.ECT ~ DEBT. (If you have ~ed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF ~ DEFAULT--The MORTGAGE debt held by the above lender on your properly located at: 43 East Columbia Road, Enola, Pa 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _Payments of $593.23 due for July, August and September 2001. B. Other charges: Late charge $20.05 Total Amount Past Due: _$1799.74 HAVE FAN,ED TO TAKE TI-IE FOLLOWING ACTION: HOW TO CURE ~ DEFALILT--You may cure the default within THn~TY (30) DAYS of the date of this notice BY PAYING Tlql~, TOTAL AMOUNT PAST DUE TO ~ I,F, NDER, WHICH IS $1799.74. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOM~ DUE DURING THE TI-In~TY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Waypoint Bank 449 Eisenhower Boulevard Harrisburg, PA 17111 IF YOU DO NOT CLrRE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanchng balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage m monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgai!ed property. IF ~ MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yon cure the default within the TIHRTY (30) DAY period~ you will not be required to pay attorney's fees. OTI~,R I,F, NDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE ~ DEFAULT PRIOR TO SHERIFF'S SAI,I~,--If you have not cured the default within the THIRTY 00) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SIt-ERIFF'S SAI,F, DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT ~ LENDER: Name of Lender: Address: Phone number: Fax Number: Contact Person: Wa/point Bank 449 Eisenhower Blvd., Harrisburg, PA 17111 (717) 909-2735 or 1-866-929-7646 ext. 273~ (717) 909-2780 Bobbi Owens EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You X may or ~may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOT/qW.R LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO TI-IE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CUR.E THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN A_NY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTI-IF, K DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, BO/nek Bobbi Owens Collection Counselor If funds rare received and negotiated in less than thc to:al ~noum duc ~nclu~n~ 1¢~ fees ~d coszs; ~a~omz B~ rescues ~ fi~ht to re¢~ ~¢ f~ds zo you ~d continue ~ leg~ procea~n~s pending raccip~ of the zot~ ~o~z dua. LOOK FOR US, WE'LL 8ET YOU THERE. C,U!MBERLAND COUNTY :CCS of Western Pennsylvania, Inc. 000 Linglestown Road larrisburg, PA 17102 71 7) 541-1757 AX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Irban League of Metropolitan Harrisburg :. 6t~ Street larrisburg, PA 17101 ~1 7) 234-5925 AX (717) 234-9459 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 :ommunity Action Comm of the Capital Region 514 Derry Street larrisburg, Pa 17104 ~1 7) 232-9757 AX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 RO. Box 1711. HARRISBURG, PENNSYLVANIA 17105-I7ll Toll Free I-FIGE-WAYPOINT (i-B66-gPg-7646) · www.waypointbank.com LOOK FOR US. WE*LL GET YOU THERE. September 5, 2001 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default~ and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached oaaes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (I:IEMAP) may be able to help to save your home. This notice explains how the program works. To see if ]~MAP can help~ you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF T]~ DATE OF TillS NOTICE. Take this Notice with you when you meet with the Counselin2 A~encv. The name~ address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions~ you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTIN-UAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE I,I,AMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. RO. Box 171 I. HARRISBURG, PENNSYLVANIA 1710.~-1711 Toll FrEe t-86G-WAYPOINT (I-a66-gPg-7646) · IN YORK AREA 717/1~!5-4500 · vvvvvv.wagpointbank.com HOMEOWNER'S NAME: PROPERTY ADDRESS: MAll,lNG ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: _Holly I Rodgers _43 East Columbia Road, Enola, Pa 17025 _43 East Columbia Road, Enola, Pa 17025 7001628 Avstar Mortgage CURRENT I,ENDER/SERVICER: Waypoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE EI,IGIBLE FOR FINANCIAL ASSISTANCE WlqlCH CAN SAVE YOUR HOME FROM FORECLOSURE AND I:flr~LP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH ~ PROVISIONS OF Ti:IF. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TIqE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTI:I~R ELIGIBH.ITY REQLKREMENTS ESTABLISI:iED BY TI;E TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TI:IlS MEETING MUST OCCUR W-ITlqIN THE NEXT TgffRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and tel~hone numbers of designated consumer credit counseling agencies for the county in which the propert-~ is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see folloWing pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or posmaarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU F,~ri, TO DO SO OR IF YOU DO NOT FOLLOW ~ OTI:I~,R TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMED~TELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON--Available fund~ for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has six~, (60) days to make a decision a~er it receives your application. During that 1~-ne, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. ~OTE: IF YOU ARE ~NTLY PROTECTED BY TlqF, FrlJNG OF A PETITION IN ~ANKRUYTCY, ~ FOI,I,OWING PART OF TI~S NOTICE IS FOR IN'FORMATION 'URPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT DEBT. (If you have fled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF ~ DEFAULT--The MORTGAGE debt held by the above lender on your property located at: _43 East Columbia Road, Enola, Pa 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the fullowing amounts are now past due: _Payments of $593.23 due for July, August and September 2001. B. Other charges: Late charge $20.05 Total Amount Past Due: _$1799.74 HAVE FAILED TO TA_K.E THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT--You may cure the default within THIKTY (30) DAYS of the date of this notice BY PAYING ~ TOTAL AMOUNT PAST DUE TO TI~, LENDER, WHICH IS $1799.74. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIKTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Waypoint Bank 449 Eisenhower Boulevard Harrisburg, PA 17111 IF YOU DO NOT CURE THE DEFAULT--I/you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort~a_oed orooertv. IF TI~ MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the TlCtlRTY (30) DAY period, you will not be required to pay attorney's fees. OTFtER !,ENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE TFfF, DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified m writing by the lender and by perforating any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SI~ERIFF'S SAI,I~, DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fred out at any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT ~ LENDER: Name of Lender: Address: Waypoint Bank 449 Eisenhower Blvd., Harrisburg, PA 17111 Phone number: Fax Number: Contact Person: (717) 909-2735 or 1-866-929-7646 ext. 2735 (717) 909-2780 Bobbi Owens EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You X may or _may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTrFUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY TH]RD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT TH~ NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, BO/nek Bobbi Owens Collection Counselor If fimds are received and negotiated in less than the total amounz due including legal fees and costs; Waypomr Bank reserves the tight ro remm the fi~nds to you and continue with legal proceedings pending oz the total amount due. receipt r · LOOK FOR US. WE'LL GET YOU THERE. CUMBERLAND COUNTY ;CCS of Western Pennsylvania, Inc. 000 Linglestown Road iarrisburg, PA 17102 717) 541-1757 'AX (717) 541-4670 Financial Counsel.ing Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Jrban League of Metropolitan Harrisburg 1.6th Street {arrisburg, PA 17101 717) 234-5925 :AX (717) 234-9459 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ;ommunity Action Comm of the Capital Region 514 Derry Street 4arrisburg, Pa 17104 71 7) 232-9757 :AX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 P.O. Box 171L HARRfSBUR6. PENNSYLVANIA |7105-i711 Toll Free 1-866-WAYPOINT (l-866-S29'-7646) ' www.wagpointbank.com IN THE UNITED STATES BANKRUPTCY COURT ':~"" ~" MIARK RODGERS, Debtor WAYPOINT BANK F/K/A : YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND, No. 01-02145RJW-1 HARRIS SAVINGS BANK Movant VS. MARK RODGERS, Respondent CHAPTER 7 PROCEEDING and HOLLY I. RODGERS, Respondent LAWRENCE G. FRANK, Trustee ORDER AND NOW, this ~l~dayogl~C~ , 2001, in consideration of Movant Waypoint Bank's Motion for Relief from Automatic Stay and Debtor(s)' failure to file an answer or objection to said Motion in a timely manner, and this Court being satisfied that IVlovant is entitled to the requested relief, IT IS HEREBY ORDERED that the automatic stay in this matter as it applies to Waypoint Bank is hereby lifted to permit Waypoint Bank to foreclose on the subject property located at 43 East Columbia Road, Enola, Dauphin County, Pennsylvania, 17025, to otherwise enforce its rights under its Mortgage, and to distribute the surplus proceeds, if any, to the trustee. BY THE COURT is~ ftoOert j. Woo~Iside Robert J. Woodside, CHIEF BANKRUPTCY JUDGE CC: Mark Rodgers 33 Susquehanna Avenue Enola, PA 17025 Holly I. Rodgers 43 East Columbia Road Enola, PA 17025 Lawrence G. Frank, Trustee 2023 North Second Street Harrisburg, PA 17102 Benjamin F. Riggs, Jr., Esquire Waypoint Bank P. O. Box 1711 Harrisburg, PA 17105-1711 IN THE UNITED STATES BANKRUPTCY COURT' FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Please~m,e~Sfamp Ind Return to m~ Thank You. In Re: MARK RODGERS, Debtor WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND, HARRIS SAVINGS BANK Movant VS. MARK RODGERS Respondent and HOLLY I. RODGERS Respondent LAWRENCE G. FRANK, Trustee No. 01-02145RJW-1 CHAPTER7 PROCEEDING MOTION FOR ORDER OF DEFAULT FOR FAILURE TO ANSWER AND NOW, comes the Movant, Waypoint Bank, by and through its attorney, Benjamin F. Riggs, Jr., and respectfully represents the following: 1. On May 21, 2001, Movant filed a Contested Motion for Relief from the Automatic Stay in the above-captioned action. Debtor did not concur in said Motion. 2. On or about May 22, 2001, Movant served Debtor and Debtor's attorney with this Court's Order of May 21, 2001, requiring Debtor to file an answer to the Motion within twenty (20) days. The Order and Certificate of Service are attached hereto as Exhibit "A" and incorporated herein by reference. 3. Debtor's attorney has not contacted Movant regarding this matter, and Debtor has failed to file an answer to Movant's Motion for Relief. 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 Dated: ~//.~ ~-/~o :~ By: stac~ g · n [D,_~r.~ Default Manager 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 No. 02-697-Civil VS. : MARK RODGERS HOLLY I. RODGERS : Defendants : CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 22, 2002 10-day Default Notices in the above-captioned matter were mailed to the Defendants Mark Rodgers and Holly I. Rodgers 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'.-P, Jggs, J'r.,~:~[j~e (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-MORTGAGEFORECLOSURE WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants : No. 02-697-Civil TO: Mark Rodgers 6484 Carlisle Pike Mechanicsburg, PA 17055 DATE OF NOTICE: March 22, 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 Benjamin I~. Ri(ggs, Jr. U v ~'J (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION-MORTGAGEFORECLOSURE WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 02-697-Civil VS. MARK RODGERS HOLLY I. RODGERS Defendants TO: Holly I. Rodgers 251 Enola Road Enola, PA 17025 DATE OF NOTICE: March 22, 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: (717) 240-6200 Benjamin F. Riggs, J~, Attorne{J~fo~-I~laintiff (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 SHERIFF'S RETURN - REGULAR C~SE NO: 2002-00697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS RODGERS MARK ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RODGERS MARK the DEFENDANT at 6484 CARLISLE PIKE , at 1940:00 HOURS, on the 27th day of February , 2002 MECHANICSBURG, PA 17055 by handing to MARK RODGERS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /3~- day of ~ jLo~o 2-~ A.D. ! / Prothonotary ' So Answers: R. Thomas Kline 03/04/2002 WAYPOINT BANK Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS RODGERS MARK ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RODGERS HOLLY I the DEFENDANT , at 1940:00 HOURS, on the 1st day of March at 251 ENOLA ROAD ENOLA, PA 17025 by handing to HOLLY RODGERS a true and attested copy of COMPLAINT & NOTICE , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this /~ ~ day of ~ ~j~ A.D. oth6n~tar[; ' ' So Answers: R. Thomas Kline 03/04/2002 WAYPOINT BANK Deputy Sheriff 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. 02-697-Civil MARK RODGERS HOLLY I. RODGERS Defendants To the Prothonotary: PRAECIPE TO ENTER JUDGMENT ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiff's Complaint in Mortgage Foreclosure against MARK RODGERS and HOLLY I. RODGERS 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 .......... Interest from 12/27/02 through 9/4/02 (inclusive) at $12.9141 per diem ...... Late Charges from 12/27/01 through 9/4/02 (inclusive) at $22.54 per month ........ $63,235.43 $ 3,206.60 $ 67.62 TOTAL AMOUNT $66,509.65 with interest from 9/5/02 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $12.9141 per diem, from 9/5/02, late charges from 9/5/02 at 5% of the monthly payment amount, currently $22.54 per month, escrow, currently $142.47 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 22, 2002 a 10-day Default Notice in the above- captioned matter was mailed to the Defendants MARK RODGERS and HOLLY I.RODGERS by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. Benjamin F. R~ggs, Jrl, G~n[~d/ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72030 ~(_Z)~ ~;~)-'~-- ,2002 Judgment entered by the Prothonotary this day according to the~renor of the above statement. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA*NIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK : F/K/A YORK FEDERAL SAVINGS No. 02-697-Civil AND LOAN ASSOCIATION AND : HARRIS SAVINGS BANK : Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants · CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 22, 2002 10-day Default Notices in the above-captioned matter were mailed to the Defendants Mark Rodgers and Holly I. Rodgers 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'.-PJ'ggs, J'r.,~:!~l~e (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 No. 02-697-Civil AND LOAN ASSOCIATION AND : HARRIS SAVINGS BANK Plaintiff : VS. MARK RODGERS · HOLLY I. RODGERS · Defendants : TO: Mark Rodgers 6484 Carlisle Pike Mechanicsburg, PA 17055 DATE OF NOTICE: March 22, 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/~) 240-620.~ Benjam n I¢. Rings, Jr. ~ (I.D. #72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-171 Telephone: (717) 815-451 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK : F/KJA YORK FEDERAL SAVINGS No. 02-697-Civil AND LOAN ASSOCIATION AND : HARRIS SAVINGS BANK : Plaintiff : : VS, MARK RODGERS HOLLY I. RODGERS Defendants - TO: Holly 1. Rodgers 251 Enola Road Enola, PA 17025 DATE OF NOTICE: March 22, 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 VVITHOUT 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. Riggs, J~, Attornef~fok.l~laintiff (I.D. ~72030) Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Telephone: (717) 815-4518 OFFICE OF THE PROTHONOTARY HOLLY I. RODGERS 251 Enola Road Enola, PA 17025 Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 Date No. 02-498-Civil RE: WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff VS: MARK RODGERS AND HOLLY I. RODGERS, Defendants Notice is given that a judgment in the above-captioned matter has been entered against you on April ~, , 2002. PROTHONOTARY OF CUMBERLAND COUNTY 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 VS. No. 02-697-Civil MARK RODGERS HOLLY I. RODGERS Defendants Commonwealth of Pennsylvania County of York 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 RODGERS's last-known address is 6484 Carlisle Pike, Mechanicsburg, Pennsylvania 17055 and that the said Defendant HOLLY I. RODGERS' last-known address is 251 Enola Road, Enola, Pennsylvania 17025. Sworn and subscribed before me this/O'~--'~-~ day of April, 2002 ~~lotary Pu~ Benjamin F. Ri.~gs, Jr., Attorney for Plaintiff I.D. No. 72030 My Commission expires: Notarial Seal Bridget C. Gallagher, Notary Public - York, York County My Commission Expires Feb. 22, 2003 OFFICE OF THE PROTHONOTARY MARK RODGERS 6484 Carlisle Pike Mechanicsburg, PA 17055 Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 Date No. 02-498-Civil RE: WAYPOINT BANK, F/K/AYORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff VS: MARK RODGERS AND HOLLY I. RODGERS, Defendants Notice is given that a judgment in the above-captioned matter has been entered against you on April ~,,1., 2002. PROTHONOTARY OF CUMBERLAND COUNTY ~eputy (~ 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 VS. No. 02-697-Civil MARK RODGERS HOLLY I. RODGERS Defendants · To the Prothonotary: (1) (2) (3) PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149 ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, Directed to the Sheriff of Cumberland County, Penna.; against MARK RODGERS and HOLLY I. RODGERS, Defendants. and index this writ against MARK RODGERS and HOLLY I. RODGERS, Defendants as a lis pendens against the real property of the Defendant as follows: ALL that certain lot or tract of land with the improvements thereon erected, situate in East Pennsboro Township, Cumberland County, as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $66,509.65 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 $12.9141 per diem, from 9/5~02, late charges from 9/5/02 at 5% of the monthly payment amount, currently $22.54 per month, escrow, currently $142.47 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 deem~ /~ Dated: Benjamin F. Rf'ggs, Jr., Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 I.D. No. 72030 ALL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the corner of lands now or late of D. Blessing; said point being measured 520.91 feet to the Southwest terminus of a curve connecting the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardly along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the corner of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 61.96 feet to a hub at the corner of lands now or formerly of D. Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as and numbered 43 Columbia Road. BEING KNOWN AND NUMBERED as 43 East Columbia Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES which David B. Williams and Mary J. Williams, husband and wife, by their Deed dated September 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, granted and conveyed unto Mark Rodgers and Holly I. Rodgers, husband and wife, the Defendants herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS No. 02-697-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS 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 43 East Columbia Road Enola, PA 17025 1. Name and address Name MARK RODGERS HOLLY I. RODGERS of Owner(s) or Reputed Owner(s). Address 6484 Carlisle Pike Mechanicsburg, PA 17055 251 Enola Road Enola, PA 17025 Name MARI~ RODGERS Name and address of Defendant(s) in the Judgment: HOLLY I. RODGERS Address 6484 Carlisle Pike Mechanicsburg, PA 17055 251 Enola Road Enola, PA 17025 Affidavit under PA RCP 3129.1 - Page 2 Name East Pennsboro Township Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please do indicate) 25 Enola Road Enola, PA 17025 Providian National Bank c/o Apple & Apple, P.C. Firm 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 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: Benjamir~ F. I~iggs, Jr.,~{t~ey for Plaintiff I.D. No. 72030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-697 Civil COUNTY OF CUMBERLAND) CIVIL 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 RODGERS 6484 CARLISLE PIKE MECHANCISBURG PA AND HOLLY I RODGERS 251 ENOLA ROAD, ENOLA PA 17025 (1) You are directed to levy upon the property of the defendant(s) and to sell REAL PROPERTY OF DEFENDANTS -- EAST PENNSBORO TOWNSHIP SEE EXHIBIT A (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; (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 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 66,509.65 L.L.$0.50 Interest 9/5/02 ADJ RATE NOTE CURRENTLY $12.9141 PER DIEM Due Prothy $1.00 Atty's Corem % Other Costs Late charges 9/5/02 at 5% of monthly pay -currently $22.54 per month Escrow currently $142.47 per month 9/05/02 Arty Paid $136.01 Plaintiff Paid Date: APRIL 22, 2002 REQUESTING PARTY: Name: BENJAMIN F RIGGS, JR Address: P O BOX 1711 HARRISBURG, PA 17105-1711 CURTIS R. LONG Prothonotary, Civil Division By: Attorney for: PLAINTIFF Telephone: 7178154518 Supreme Court ID No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUI ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS : No. 02-697-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK : Plaintiff VS. MARK RODGERS HOLLY I. RODGERS Defendants · NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.') TO: MARK RODGERS 6484 Carlisle Pike Mechanicsburg, PA 17055 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: 43 East Columiba Road Enola, PA 17025 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 RODGERS HOLLY I. RODGERS 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: Benjam'in F ,rRigg , Attorney for the Plaintiff (I.D. #72030) ALL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the corner of lands now or late of D. Blessing; said point being measured 520.91 feet to the Southwest terminus of a curve connecting the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardly along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the corner of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 61.96 feet to a hub at the corner of lands now or formerly of D. Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as and numbered 43 Columbia Road. BEING KNOWN AND NUMBERED as 43 East Columbia Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES which David B. Williams and Mary J. Williams, husband and wife, by their Deed dated September 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, granted and conveyed unto Mark Rodgers and Holly I. Rodgers, husband and wife, the Defendants herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT' ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLYI. RODGERS Defendants No. 02-697-Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129 TO: Holly I. Rodgers 251 Enola Road Enola, PA 17025 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: 43 East Columbia Road Enola, PA 17025 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 RODGERS HOLLY I. RODGERS 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 F; Riggs, g.~ Attorney for the Plaintiff (I.D. #72030) ALL THAT CERTAIN lot or piece of land with the buildings and improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Michael C. D'Angelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the corner of lands now or late of D. Blessing; said point being measured 520.91 feet to the Southwest terminus of a curve connecting the Westerly side of Enola Road to the Northerly side of Columbia Road; thence Westwardly along the said Columbia Road curving toward the left, with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley (unopened); thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the corner of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the distance of 61.96 feet to a hub at the corner of lands now or formerly of D. Blessing; thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155.65 feet to a point; the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as and numbered 43 Columbia Road. BEING KNOWN AND NUMBERED as 43 East Columbia Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES which David B. Williams and Mary J. Williams, husband and wife, by their Deed dated September 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, granted and conveyed unto Mark Rodgers and Holly I. Rodgers, husband and wife, the Defendants herein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS : No. 02-697-Civil AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. MARK RODGERS HOLLY I. RODGERS 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 East Pennsboro Township 25 Enola Road Enola, PA 17025 Providian National Bank c/o Apple & Apple, P.C. Firm 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Sworn and subscribed to before me this/0"/3day of April, 2002 No{ary Public · My Commission expires: Copy of Proof of Mailing is attache,,d hereto. ~ I.D. #72030 Notarial Seal Bridget C. Gallagher, Notary Public - York, York County My Commission Expires Feb. 22, 2003 Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank VS Mark Rodgers and Holly I. Rodgers In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-697 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Benjamin Riggs. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 27.60 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 15.63 Law Journal 330.50 Patriot News 270.55 Postpone Sale 20.00 Certified Mail 1.31 $ 797.29 paid by attorney 11/26/02 Sworn and subscribed to before me So Answers: This L? ? day of/~,~ ~~~~ R. Thomas Kline, h~efi~f~'~'''~ 2002, A.D. ~..__ f~ ~ ~ ~, ~ Prothonot~y Real Es~te Deputy 3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : .. COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: ' 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. R,RAL ESTATE 8ALE NO. 2 Writ No. 2002-697 Civil Waypoint Bank f/k/a York Federal Savin4~s and Loan Association and Harris Savings Bank VS. Mark Rodgers and Holly I. Rodgers Atty.: Benjamin Riggs, Jr. ALL THAT CERTAIN lot or piece of Land with the buildings and im- provernents thereon situate in East Pennsboro Township, Cumberland County, Permsylvania, being bound- ed and described according to a survey made by Michael C. D'An- gelo, Registered Surveyor, dated April 20, 1977, as follows, to wit: BEGINNING at a hub on the North side of Columbia Road (64 feet wide) at the comer of lands now or late of D. Blessing; said point being measured 520.91 feet to the South- SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002_ Road; thence Westwardly along the said Columbia Road curving toward the left. with a radius of 638.95 feet an arc distance of 57.94 feet to a pin at the corner of an alley Jun- opened): thence along said alley North 18 degrees 49 minutes East the distance of 151.86 feet to a point at the comer of lands now or formerly of S. Kellam; thence along said lands South 67 degrees 19 minutes 56 seconds East the dis- tance of 61.96 feet to a hub at the comer of lands now or formerly of D. Blessing: thence along said lands South 22 degrees 40 minutes 04 seconds West the distance of 155- .65 feet to a point: the place of BE- GINNING. HAVING THEREON ERECTED a dwelling house known as and num- bered 43 Columbia Road. BEING KNOWN AND NUM- BERED as 43 East Columbia Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES which David B. Wil]iams and Mary J. Williams, husband and wife, by their Deed dated September 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 23, 1988 in Record Book 0-33, Page 800, granted and conveyed unto Mark Rodgers and Holly I. Rodgers, husband and wife, 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 n P tri t-N w 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. ..... ...................................................... COPY s~ ccb$c~r;L~d bufore m'~ this 14th day o,y'Aug~st~ 2002 A.D. [----- Notariat 5ea~ ' S A L E # 2 J Tern/L. Russelt, NotafyPublic ~/1 /" Writ I~k). ,~9q' M (?,ommission Expires June 6 ~ ~--" + I: -".- NOTARY PUBLIC Civil Term __ . . ~'-~em~,Pennsytvania ~_~a~nOfNotane%y commission expires June 6, 2006 YorkW~:l~d Bank f/k/il 8lvlflgl end Lomi A~o~, ~nd Harris 81vlng. B~nk 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 268.80 ~ Surveyor, dasd Alml 20, ~,~,a.l~ ~ N~ si~ ~ Probating same Nota~ Fee(s) $ 1.75 ,ota,  ~ Publisher's Receipt for Advertising Cost ~m~y ~o~ ~ ~d Col~ ~ ~ ~ ~ ~a a ~ of~38~5 ~ Co., publisher of The P~triot-News and The Sunday Patriot-News. newspapers of general =~E~7.~f~ff~at~ vledge receipt of the aforesaid notice and publication costs and ce~ifies that the same have ~ley (~o~); ~nm aong ~d 18 &~ 49 ~nu~s ~t ~e 1.86 f~ m [ ~t at ~ ~ of f~ly E ~. g~llm; ~ &o~ By .................................................................... · e ~s~ of 61,~ f~t to a hub at the comer of lands now or formerly of D. Blessing; thence along said lands $oulh 22 degrees 4O minutes O4 seconds West ~ distance of 155.65 feet to a point; the place of BEGINNING. HAVIN~ THEREON ERECTED a dwelling house known as and numbered 43 Columbia Roa~ BEING KNOWN AND NUMBERED a~ 43 East Columbia Road, Enola, Pennsylvania 17025. 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 ti' Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in tt City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Th_ ~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in ti' City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4tt 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 ir 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 thi statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed an( adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded ir the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COPY ~ ' .......................................................... Sworn tn ~n~ ~,,~___~L .... - ....... ~ ,, =u Uuloru th day.,~, u~ S A L E # 2 [ Notan~ea~ m~./s 14 5002 A.D. ' 'I~-A[ E~TATE 8ALE NO. 2 Writ No. 2002697 ~ City Of Hamsburg, Dauphin County Civil Term [ My Commission Expires June 6, 2006 · WaYp°lntBankf4r/a Member, Pennsy~vaniaAsSOOatJonOfNotaries NOTARY PUBLIC ve~ Federal Baying. and My commission expires June 6, 2006 Lean Aeeec. and Nutria Bavln~ Bank ' va CUMBERLAND COUNTY SHERIFFS OFFICE ~ I~em and 8olly_l. ~odeem CUMBERLAND COUNTY COURTHOUSE CARUS,E, PA. 170 3 ~"_'"~,~.~.,~-~o.s~te.~. Statement of Advertising Costs ~Y~"~, ~ ~ a~d ~dt~d To THE PATRIOT-NEWS CO., Dr. ~,ac~ ~ ,. ~nr~t m~ ~ ~c~l C. For publishing the notice or publication attached ~'-~-~owic hereto on the above stated dates $ 268.80 .~[li~.~ ~_:.~ No~ si~, of Probating same Notary Fee(s) $ 1.75 ~~~ ~ Total $ 270.55 .a.~. ~o,~Co~.~,_ Publisher's Receipt for Advertising Cost f~c~ ~,~.=_~?~. a_r~_'~ of~S.g$~ L;o., publisher of The Patriot-News and The Sunday Patriot-News newspapers of general cora~.of;,"~,,_°~/'~..f~u~,i~ vledge receipt of the aforesaid notice and publication costs and certifies that the same have ~x~ ~ rmnn~cs East di~mc~ of 151.86 feet to a point at the comer of lan& now ot formerly of S. Kelinm; thence a~ong said loads ~oUth 67 degrees ~9 minutes 56 Sy ............................ seconds East the distance of 61,96 feet to a hub at the corner of lands now or formerly of D; Bl~sing; ~'nc~ along said/ands South 22 degrees 40 minutes 04 seconds West the di~toace of 155.65 feet to .a point; the place of BEGINNING. [-LAV~/G THFJ~EON ERECTED a dwellin- hoase {o~)v~ as oad _ s .u~ 43 Coinm~a B~O ~O~ ~ ~ ~ 43 ~t Colu~ R~ ~l~ ~yl~ia 17~5. G~ 8~ P~SES w~ ~vid B ~ tn ~ ~ of ~ R~o~r of ~ ~ ~ for Cum~ ~u~ on ~ 23, 1988 ~ R~ ~k ~33, h~ 8~, ~ ~d co~ unto ~ R~ ~ Hotly I. ~g~, bused ~d wife &e ~ he~th. '