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HomeMy WebLinkAbout02-1179IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS. CHARLES F. WENDLAND CAROL M. WENDLAND Defendant 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 Plaintiff VS. NO. CHARLES F. WENDLAND CAROL M. WENDLAND Defendant 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 OFIClNA EN LA DIRECClON ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS. No. o.~- Il?C/ CHARLES F. WENDLAND CAROL M. WENDLAND Defendant COMPLAINT AND NOW, comes Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank, by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendants Charles F. Wendland and Carol M. Wendland, 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. The Defendants are Charles F. Wendland and Carol M. Wendland who are husband and wife and are adult individuals residing in the Mortgaged Premises at 1464 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007, and they are the mortgagors and real owners of the Mortgaged Premises, having acquired title by Deed dated July 8, 1997, and recorded on July 15, 1997, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 161, Page 4. Mortgage 3. On or about October 5, 1983, Defendants made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on October 6, 1983 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 737, Page 1166. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". Assignments 4. There have been no assignments of said Mortgage. Default 5. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from October 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 October 1,2001. 6. Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions. 7. By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance ................ Interest from 10/1/01 to 2/4/02 (inclusive) at $15.6848 per diem .......... Late Charges from 10/1/01 to 2/4/02 (inclusive) at $29.78 per month ..... $ 119.12 Escrow Surplus ........................ [ 94.18] Homeowner's Insurance (due 9/30/02) ....... $ 410.00 Taxes (due 4/1/02) ..................... $ 250.88 Taxes (due 8/1/02) .................... $ 1,061.40 Attorney's Commission 5% ............. $ 2,120.36 $42,407.32 $ 2,446.84 TOTAL AMOUNT DUE $48,721.74 Compliance with Homeowners' Emergency Assistance Act 8. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i) Defendants have failed to meet with the Plainitff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit B; or (ii) Defendants' application for assistance has been rejected by the Pennsylvania Housing Finance Agency. Inapplicability of Loan Interest and Protection Law 9. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101 et seq.), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank prays for judgment in its favor and against Defendants Charles F. Wendland and Carol M. Wendland in the amount of Forty Eight Thousand Seven Hundred Twenty One and 741100 Dollars ($48,721.74), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $15.6848 per diem, from 2~5~02, late charges at 5% of the monthly payment amount, currently $29.78 per month from 2~5~02, escrow charges, currently $143.53 per month from 215102, attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. Benjamin F. 15,iggs, Jr.0a ~ Attorney for Plaintiff P.O. Box 1711 York, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 ~ -"5? MORTGAGE THIS MORTGAGE is made this .............. 5..~. ........... day of....Q~9~:'..~ .................. 19..8.~, between the Mortgagor,..~'.'~...P....~ ./g~.. ~n.,R[~ ,~, .~/I[~Z4AI~, .h~. ~J.fe ........ ........................................ (herein "Borrower"), and the Mortgagee ....... ~ ........ ............ naRRl~ SAVING// A~80/2IA~ION ................. a corporation organized and existing under the laws of ............. ]P~naylva~l~ ................ whose address is... :~nd ~ud Pine //greet,.. ..... l]la~,/~lm~g, l~nn~Vlmi& 1'/10]. ................................... (herein "Lender"). i~l~n~ll~.s, ?n~. w~er is indebted m Lender in the principal sum of. FE~..Ti~. ~b~z~,~'~ ............... ·..~.v..~..~.~.¥ r .0.0.~.: ~ ~ ~ ~ .- ~. ....... Dollars, which indebtedness is evidenced by Borrower's note dated... ~..5.,...~.8.~. ....... (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on..~ .~..20~1..~ ........... To. SEcuI~ to Lender (a) the repayment of the indebtedness evidenced by thc Note, with interest thereon, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of ~ Mortgage, and the performance of the covenants and agreements of Borrower herein contained, and Co) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 2] hereof (herein "Future Advance~"), Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of......C~)%~..~ .......................... , grate ,.f Pennsylvania: the Tcwnahip of Mc~-~e, Coauty of Cumberland and State of Pennsylvania, bounded and described as follows: BEg~I1~vJ~S.at an ~ pin which is at the legal right-of-way line aloft3 the Dmrthern side of L.R. 507(Boiling Slatings Road), PA kxIte 174 at the corner of p~operty n~w of foz~-rly of Otto L. IAns, et ux; thence alc~g said l~ad, Nu~ 84 degrees 27 minu~es 52 seconds West, 134.84 feet to an iron pin; thence North 5 degrees 32 rain%Ires 08 seconds East, 164.48 feet to an ~ pin; 'thence South 84 degrees 27 r~inue~ 52 seconds ~t, 134.76 feet to a concrete n~z~lm~lt at p;ui~_rty now or foz~erly of the afores~d Otto L. Iins, et ux; thence along the latter, South 5 d~z~es 30 ~ 29 seconds West, 164.48 feet to an iron pin, the place of Being Lot No. 8 on the Subdivision Plan for Otto L. I/ns, sa~d Plan being recorded in Plan Book 24, Page 48, Cumberland County Becords, and cc~e~ining 22,172 square feet. ~k,~G .,~ SAN~ PI~S wbich Nar]lan G. Dim~n av~ Annie P. Di~Dn, his wife, by their ~ dated ~e~.'o~ , 1983, and inteD~ to be ~ simultaneously bis wife, mortcja~s herein. winch ~s the addms of... i464 .~i~ .~. ~;~d,. ~ili~g.~pri~,. ~nn~l~a. 17OD1, ~st~ [CI~] ........................... (her~n "Pro. ny Add~"); T~E~E~ ~th all ~e impwvemems now or hereafter e~cted on the prope~y, and ~l easement, fi~, appunen~c~, rents, wy~ti~, miner~, oil and gas figh~ and p~fi~, ~ter, water rights, and waler st~k, and fixm~ now or he.afar a~tached te the pro.ny, all of which, including rcplacemems and additions thereto, shall he d~m~ W he ~d ~n a p~ of the pm~n~ cover~ by, this Mon~ge; and ~1 of the forgoing, loather with ~id pw~y (or ~e l~hold ~tale if ~is Mo~ is on a l~old) are he~in refe~ to ~ ~e "Property". Bo~r ~venan~ that ~orrower is la~ully ~ised of the ~ra~c hereby conveyed and has the fight to moP.ge, grant and ~nvey the Pw~ny, that the Pro~y is unencumbered, and lhat Borrower w~l wa~nl and defend ~ene~lly the rifle to the Pretty against all claims and demands, subi~t id any declamti~s, ~ments or I~t~ in a ~h~ule of ~c~fions to coverage in any fide insu~nce policy insuring Lender's intent in the Pro~y. RENN~LVANIA-~ to 4 F~it~I7~MAIFHLMC UNIFOUM IS~nllUr~ ~OOK 737 PAC~11~ UNiPORI~ COVRN*N'ra. Borrowes and Lander covenant and agree as follows: 1. Payment of l~enlpel and Interest. Borrower shall promptly pay when duc thc principal of and inter~ on the indebtedooas evidenced by the Note, prepayment and late charges as provided .in the Note, and thc principal of and interest on any Futor~ Advances secured by this Mortgage. 2. l~'unds for Tmtes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly installments of principal and interest are payable under the Note, until the Note is paid in full, a sure (herein "Funds") equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Mortgage, and ground rents on the Property. if any, plus one-twelfth of yearly premium installments for hazard insurance, pins one-twelfth of yearly premiure installments for mortgage insurance, if any, all as reasonably estimated initially sad from time to time by Lender on the basis of assessments and bills and reasunnhle estimates thereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account, or verifying and compiling said nesessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unle~ such agreement is made or applicable law requires such interest to be paid, Lender shall not be requi~d to pay Borrower any interest or earnings 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 anch debit to the Funds wes made. The Funds are pledged a~ additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, aesessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, imurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, sither promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be suffieiant to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice ia mailed by Lander to Borrower requesting payment thereof. Upon paymem in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under pnxagraph lB hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Leader at the time of application as a credit against the sums secured by this Mortgage. $. Appll~iion of Pnymenls. · Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender tint in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, thm~ to interest payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advanom. 4. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property wMch may attain a priority over this Mortgage, and lansahold paym~nt~ or ground rents, if a.ny, in the mnnnar provided under paragraph 2 hotenf or, if not paid in such manner, by Borrower making payment, when due, direedy to the ' payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this ps.graph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Mortgage; provided, that Borrower shall not be required to discharge any such lien ec long as Borrower shall agree in writing to the payment of the obligation secured by such lien in a mannsr acceptable to Lender, or shall in good faith contest such lion by, or defend enforcement of such lien in, lcgal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof, S. llennrd Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tim, hazards included within thc term "extended coverage", and such other hazards as Lender tony requii~ and in such amounts and for such periods as Lender may require; provided, that Lander shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause in favor of and in form aceeptablc to Lender. Lander shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of lass if not made promptly by Borrower. Unless Lender and Borrower othez~vise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and tbe security of this Mortgage is not thereby impaired. If such restoration or repair is not economically fesaibic or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Property is abi ~doned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the duc date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. If under paragraph lg hereof the Property is acquired by Lender, all right, tide and interest of ~orrower in and to any insurance policies and in and to thc proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately plier to such sale or acquisition. 6. Pmeervatlon and Malotanance of Property; Leet, eholds; Condominiums; Piannsd Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any Ieee if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned trait development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or planned unit development rider is executed by Borrower and recorded together with this Mortgage, the covenants and agreements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider were a part he.of. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lander's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances, dishtuse such sums and take such actioo as is necessary to protect Lender's interest, including, but not limited to, disbumement of reasonable attorney's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shalI pay the premiums required to maintain such insurance in effect until such time as the mquiremcnt for such insurance terminates in nccm'daoce with Borrower's and Lender's written agreement or applicable law. Borrower shall pay thc amount of all mortgage insurance premiums in the manner provided under paraeraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear gate.st from the date of disbursement at the rate payable from tim~ to time on outstnnding principal under the Note urdess payment of interest at such rate would be contrat7 to applicable law, in which event such amounts shah bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 thai] require Lender to incur any expanse or take any action hereunder. 8. In,section. Lender may make or cause to be made reesonnb]e entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnnflon. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, 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 Mortgage, with the excess, if any, paid to Borrower. In thc event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. 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 such notice is malted, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not 'operate to release, in any manner, the liability of the original Borrower and Borrower's succeseers in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sutns secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbeneanee by Lender Not n Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturlV/of the indebtedness secured by this Mortgage. 12. Remedies Cnmul~ive. All remedies provided in this Mortgage are distinct and cumulative to nny other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or succeseively. 13. Successors and Asa,lees_ Bound; ,}aint and Severnl Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the' provisions of paragraph l? hereof. All covenants and agreements of Borrower shall be joint and several. The captions end bendings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define thc provisions hereof. . 14. Notice. F..xeapt for any notice required under applicable law to 'be given in another manner, (nj any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender es provided herein, and (b) any notice to Lender shall be given by certified mail. return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lenbler when given in the manner designated herein. 15. Uniform Mortgage; Governing L~w; Severakillly. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument coveting roai property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located, in the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared to be severable. 16. ~orrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage 'at the .time of execution or after recordation hereof. l~L Transfer of the IVrolserty; A~umpfion. If all Or any part of the PropertT or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security interest for household appliances, (c) a transfer by deviee, deecent:or by operation of law upon the death of a joint tenant or (dj the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interesl payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note. · · If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance With paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from thc date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may. without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof. NoN-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 18, Acceleration; Remedies. Upon Borrower's breach of nay covenant or agreement of Borrower in this Morlgage, including the covenants to pay when due any sums secured by this Mortgqe, Lender prior to acceleration shall mail notice Io Borrower as provided by applicable law specifying: (l) the breach; (2) thc action required to cure such breach; (3) a dale, not Jess than 30 days from the date the notice is mailed to BoFrower, by which such breach must be cured; and (4) that fafiure to eure such breach on o£ before the date specified in the notice may result in acceleration of the sums secured by this Morlgage, foreclosure by judicial proceeding nd sale of the Property. The notice shall further inform Borrower of the fight to reinstate after acceleration and the fight to eeserl in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to accelerntion and foreclosure. If the breach is not cured on or before Ibc date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Mortgage to be immediately due and payable without futtheF demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding sdl expenses of foreclosure, including, but not limited to, reasonable attoFney's fees, and costs of documentary evidence, abstracts and title reports. 19. Borrower's Right to Rain, tote+ Notwithstanding Lender's acceleration of the sums secured by this Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time ~oo~ 737 p~1168 prior to at least one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Mortgage if: (al Borrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, ~f any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to. reasonable attorney's fees; and (d) Borrower takes such action es Lender may reasonably require to assure that the lien of .this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Botrnwer, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Asei~nment of Rents; Appointment of Receiver, Lender in Possess/on. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall prior to acceleration under paragraph 18 hereof or abandonment of the Property, hav~ the right to coUect and retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon. take possession of and manage the Property and to collect the rents of the Property including those past due, All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. :21. Future Advances. Upon request of Borrower. Lender. at Lender's option prior to release of this Mortgege. may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this Mortgage when evidenced by promiseoty notes stating that said notes ate secured hereby. At no time shall the principal amount o[ the indebtedness secured by this MotXgage, not including sums advanced in accordance herewith to protect the security of this Mortgage, exceed the original amount of the Note. 22. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage, without charge to Borrower. Borrower shall pay all costs of recordation, if any. :23. P~tehene Money Mortgage. I[ all or part of the sums secured by this Mortgage are lent to Borrower to acquire ti~Je to the Property, this Mortgage is hereby declared to be a purchase money mortgage. IN WITNESS WHEREOF, Borrower has executed this Mortgage. wit ~G.~ (as to bc~h) COMMONWEALTH ON PENNSYLVANIA, ...C~.~ ....................... Co~lty ss: On this, the..Sth ........ day of. ~ .................. 19~.83.,~before me, . ._:.. · ~. · · L ....... ...................... the undersilmed oR'car, personally appeared...L;OA~!:.Le~. ~...Wel~_ ] _aFdc1 '/~' "~t~' ...` .C~..1...l'I:...I~. ?.]~..r~. z. ~...~.~ ................................... known to me (or saUs/ y proven) to be the person .... whose name ............ subscribed to the within instrument and acknowledL, ed that ............. executed the same for the purposes herein contained. ... , IN WITNESS WKEREOF, I hereunto set my hand and'official:seal.' -'"-' "<::<' ">.'0~ My Commlssion expires: ' ' i',i6/'l:,~Y PUBLIC / ~f 'l:~ll~Oll' ~1~ '11~' 1~', '~ ................ '.: a~ "' ~, ,: .' ' '. I do hereby c:er-~ t_hat the correct post office ~aa~ess of the within named Mortgagee is: 205 Pine Street, P. 0.~~~, PA 17105 Ecllund G. Myers, Attorney for Mortgagee ".' ,. Count% ct';curnberland ) '' Re(~ed In the office for Re ~ecordlng o~ Deed~ · :: ,:~¢,~ {n ,and for Curnberiand CoUn~a' ~.' - · -,':. voi. Z/Z ..... ~:s ~..5.2, o. 00,.0.o. ............... NOTE .......... ~, ......... Pennsylvania Ci~' October 5 19.8.3.. FOR VALUE RECEIVED, the undersigned ("Borrower") promise (s2 to ray ......... T~.E · ASSOCIA. T ON of Harrisburg Dau.p.hi.n..C.ou.n. ty..P.e.n.n6ylvania a PennsyJvania c:orporatlon .............. .... d.r th~ r~fincinalr .........~nrn of .... ¥if~d....~5~..~.o.~d..(.$52 ~ 000.0DJ: .............................................. ~_._~___ __. __D°llars' with from the date of this Note, until paid, at the rate °f~i,d~~*~'n~" ' interest on the unpaid principal balance .... .t?.g....~.. (.1.3...5.~) ..... percent per annum. Princ pal and interest shall be payable at ...................... · .H.a.n~.'6.b.u.r.g,..P~p.nq~.lyg.ni.a' 1.7.191.,' ................................ or'such other place as the Note holder may :lesignate, in c0nsecutivc monthly installments of.. ~J.'~. Hu:nclr.~t .N~..Ei~. anc~ .~2/'100 ............. .......... ~ ................. Dollars (US $. 59.5..62 .................... ), on the...Z~t ............. ............. day of each month beginning..E~...Z .............. 19 83... Such monthly installments shall contintic until the entire .indebtedness evidenced by this Note is fully paid, except that any remaining indebted- ness. if not sooner'paid, shall:be duc and payable on ..... ~. 2, t..20'13 .................... If any monthiy installment under this Note is not paid when due and remains unpaid .after a date specified by a notice to Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become duc and payable at the option of the Note holder. The date specified shall not be less than thirty days from thc date such notice is mailed. The Note holder may exercise this option to accelerate during any default by Borrower regardless of any prior'forbearance. If suit is brought to collect this Note, the Note holder shall be entitled to collect all reasonable costs and expenses, of suit, including, but not limited to. reasonable attorney's fees. Borrower shall pay to the Note holder a late charge 'of ..... ~$',~..(,5%) ............. percent of any monthly installment not received by thc Note holder within...Z~.Z.~.~,'3. ['15) ............ days afte~ the instal ment is due. Borrower may prepay the principal amount outstanding in whole or in part. The Note holder may require that any partial prepayments (i) bc made on the date monthly installments arc due and (ii) be in the amount of that part of one or more monthly installments which would be applicable to principal. Any partial prepayment shall bc applied against thc principal amount outstanding and shall not postpone thc due date of any subsequent monthly installments or change the amount of such installments, unles.~ thc Note holder shall otherwise agree in writing. Presentment, notice of dishonor, and protest arc hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall bc thc joint and several obligation of all makers, sureties, guarantors and endorsers, and shall bc binding upon them and their successors and assigns· Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated below, or to such other address as Borrower may designate by notice to thc Note holder. Any notice to thc Note holder shall be given by mailing such notice by certified mail, return re.ceipt requested, to thc Note holder at the address stated in thc first paragraph of this Note, or at such other address as may have been designated by notice to Borrower. " Thc indebtedness evidenced by this Note is secured by a Mortgage, dated ..... ~..51,. .3:.9..~.3 ......... ........................ and reference is made to the Mortgage for rights as to acceleration of thc indebtedness cvidenccd by this Note. Edmmd. G. Myers ....1.4..6. 4...Bg..5. ] .i.n. c3. Sp .r ..$p_. g.s...t~..aO ............. Properly Address Boiling Springs, PA 17007 (E.¥ecute Ori.~,inal O~:!y) PENNSYLVANIA-~ to 4 Family--6/75--FNMA/FHLMC UNIFORM INSTRUMENT p oj,n LOOK FOR U=;. WE'LL GET YOU THERE. December 6, 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 defanlh 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 0~.MAP) may be able to help to save your home. This notice explains how the program works. To see if REMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITRTN 30 DAYS OF TgW. DATE OF TlqlS 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 hearin~ 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 Al)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUC~ON INNEDITAMENTE 1J.AMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO AP,.RIBA. PUEDES SEP, ELEGIBI,F, PARA UN PRESTAMO POR EL PROGRAMA LLAIVIADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIMIR SU I-IIPOTECA. RO. Box 171 I. HARRIS;BURG. PENNSYt.VANIA 1710E,-1711 Toll Fr~ I-g~o-WAYPOINT (I-~l(~o-~)P-5~-?~4~) ' IN YORK AR~A 717/~1[~;-Z!~00 · wvvw. wa[Ipointbanl¢.com HOMEOWNER'S NAME: PROPERTY ADDRESS: M~H.ING ADDRESS: LOAN ACCT. NO.: ORIGINAL I.~NDER: Charles F Wendland _1464 Boiling Springs Road, Boiling Springs, Pa 17007 _1464 Boiling Springs Road, Boiling Springs, Pa 17007 0004003758 The Harris Savings Association CURRENT LENDER/SERVICER: Waypoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE P.I JIC&RLE FOR FINANCL4L ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND ~:IEI,P YOU MAKE FLrFURE MORTGAGE PAY]VIENTS IF YOU COIVIPLY WITH TI~, PROVISIONS OF ~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TlZfE "ACT'S), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABI,E PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYIVIENTS, AND · IF YOU MEET OTI:W~R ELIGIBH.ITY REQUIREMENTS ESTABLISWED BY T]~, TEMPORARY STAY OF FORECLOSURE~Under the Act, you are entitled to a t~mporary 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:fiE MEETING MUST OCCUR VeITIqTN TltF, NEXT TI:ffRTY (30) DAYS. 1~ 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. CONSLrM~R 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 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 m default for the reasons set forth later m 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 sc, you must fill ou',, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies hsted at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you m 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 FrLE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW ~ OTn~.R TIME PERIODS SET FORTH IN T~IS I,ETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WII,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 a~iqst you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency o£ its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY ~ FII,1NG OF A PETITION IN BANKRI~TCY, ~ FOI,I.OWING PART OF TI]IS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COI.I .~CT ~ DEBT. (If you have fried bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATLrRE OF ~ DEFAULT--The MORTGAGE debt held by the above lender on your property located at: _ 1464 Boiling Springs Road, Boiling Springs, Pa 17007 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 $755.45 for the months of October, November and December 2001. B. Other charges: Late charges: $59.56 Total Amount Past Due: $2325.91 HAVE FAIl,ED TO TAKE THE FOLLOWING ACTION: HOW TO CIIRE Tlq~. DEFAULT--You may cure the default within THIP, TY (30) DAYS of the date of this notice BY PAYING TI-IE, TOTAL AMOUNT PAST DUE TO TI:W. LENDER, WHICH IS $2325.91 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DU1L1NG THE TI-I_~TY (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 C~ THE DEFAULT--If you do not cure the default within Tf-m~TY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortfla~oe 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 paymem 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 mortea~ed ~reoertv. IF TffE MORTGAGE IS FORECLOSED upoN--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. ff 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 ff 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. H you cure the default wj~'hln the T]:IIRTY (30) DAY period~ you will not be required to pay attorney's fees. OTFIER LENDER REIVIEDIES--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 SFI~,RIFF'S S.~l,lv,--].f you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begtm, you still have the fight to cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You max/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 perforrninF any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the sume position as if you had never defaulted. EARI,IEgT POSSIBI,~, S~[ERIFF'S SAI,~, 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 TI~, LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Way'point Bank 449 Eisenhower Blvd., Harrisburg, PA 17111 (717) 90%2767 or 1-866-929-7646 ext. 2767 (717) 909-2780 Todd Mo/er EFFECT OF SI:IERIFF'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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongangs 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 file sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO ttAVE ~ RIGItT: TO SELL TIlE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO I-lAVE THIS DEFAULT CUI~RI') BY ANY THIRD PARTY ACTING ON YOUR BEIRALF. TO HAVE THE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEFAULT HAD OCCUI~r), IF YOU CURE TI-IE DEFAULT. (HOWEVER, YOU DO NOT HAVE TI-IIS RIGHT TO ~ YOUR DEFAULT MORE TI-IAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN .kNY FOR.ECLOSUKE PROCEEDING OR A_NY OTtlW~ LAWSUri' INSTITUTED UNDER THE MORTGAGE DOCZIMtRqTS, TO ASSERT ANY OTI4~.K DEFENSE YOU BF. IIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER TI-IE FEDERAL BANKRUPTCY LAW. Very truly yours, Todd MoyeT Collections Conn~qelor TM/nek If funds are received and negotiazzd in l~ss r_han Cae zo:al z~nount due mctuding l~gal f~es and coszs; xPz..vpomz Bank res=rv~ zhe righ~ zo return th: funds zo you and continue =dth legzl prc, cead~gs pending zcc.'-ip~ ofzh~ zotal zmount duc. LOC)I( DOR U~. WE'LL G~' YOU CUI;~DERLAND CO~KrTY CCCS of Western Pennsylvania, inc. 2000 Lingiestown Road Harrisburg, PA 17102 (717) 54!-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 I71 [. HARRiSBUR6. DeNN~;YLVANIA I710E,-1711 'foil Free I-~6;6-WAYPOINT (t-866-D~3.9-7646) - www. wa~lpointbank, com LOOK FOR Uc:;. WE'LL (SET YOU THE[RE[. December 6, 2001 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is a~ official notice that the mortgage on your home is in defaul/h and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEO~'S MORTGAGE ASSISTANCE PROGRAM ,fl:rEMAP) may be able to help to save your home. This notice explains how the program works. To see if RlZ. M_4Y can help~ yon must MEET WITH A CONSUMER CREDIT COUNSEl,lNG AGENCY WITRIN 30 DAYS OF TI:rE, DATE OF TI:lIS NOTICE. Take this Notice with you when you meet with the Counseline A_oencv. The name~ address and phone number of Consumer Credit Counselin£ A~encies servine 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 Al)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE I.I.6_MANDO ESTA AGENCIA CPENNSYLVAIVIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUIVIERO MENC1ONADO AR.RIgA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGkGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALYAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIMIR SU m~POTECA. RO. Box 171 I, HARRIEiEIURG. PENNSYLVANIA i710E;-1711 Toll ~e¢¢ I-1=I~6-WAYPOINT (t-EI~E;-~E~-7646) · IN YORK AREA 717/EIE;-4E;O0 ' www. wahlpointbank.com HOMEOWNER'S NAlVIE: PROPERTY ADDRESS: MAILING ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: Carol M Wendland _1464 Boiling Springs Road, Boiling Springs, Pa 17007 _1464 Boiling Springs Road, Boiling Springs, Pa 17007 0004003758 The Harris Savings Association CURRENT I.F, NDER/SERVICER: Waypoint Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE F.I.IGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HEI,P YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COM?LY WITH THE PROVISIONS OF Tl~. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ~ "ACT"), YOU MAY BE ELIGIBI,F. 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,E TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTFrER ELIGIBH JTY REQUIREMENTS ESTABLISI~ED BY TgrF. 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. TgI,R MEETING MUST OCCUR WITltIN ~ NEXT TI:IIRTY (30) DAYS. ll: 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 BP_lNG 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 ~eneies 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 i,m~ediatel¥ of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in th/s 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 thc end of this Notice. Only consumer credit counseling agencies have applications for thc program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or posmuaxked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMi°~Y. IF YOU FA_TL TO DO SO OR IF YOU DO N~)T FOLLOW ~ O~ TIME PERIODS SET FORTH IN TI[IS I,F, TTER, FORECLOSURE MAY PROCEED AGAINST '/OUR HOiVIE IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON--Available funds for emergency mortgage assistance arc very limited. They will be disbursed by the Agency under thc eligibility criteria established by the Act. Th~ 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 ag-i~.~ you if you have met the tirrm requirements set forth above. You will be notified directly by the penusylvauia Housing Finance Agency of its decision on your application. NOTE: IF YOU A_RE CURRENTLY PROTECTED BY ~ Fll,TNG OF A PETITION IN BANKRUPTCY, ~ I~OI,I,OWING PART OF THIS NOTICE IS FOR INFO~TION ?URPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COl.I __ DEBT. (If you have ~ed bankruptcy you can still apply for Emergency Mortgage Assis*-nce.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it uo to date). NATURE OF ~ DEFAULT--The MOKTGAGE debt held by the above lender on your property located at: _ 1464 Boiling Springs Road, Boiling Springs, Pa 17007 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following ~mounts axe now past due: _Payments of $755.45 for the montl~ of October, November and December 2001. B. Other charges: Late charges: $59.56 Total Amount Past Due: $2325,91 HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE ~ DEFAULT--You may cure the default within THIKTY (30) DAY'S of the date of this notice BY PAYING TIlE TOTAL AMOUNT PAST DUE TO TFI'F, LENDER, WHICH IS $2325.91 PLUS ANY MOKTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DUREqG THE TI-I~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 ~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 ri~ohts to accelerate the mort~a.oe 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 w~thiu THIKTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged properW. IF TH~ 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 $$0.00. 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 W~thi, the THIRTY (30) DAY period~ you will not be required to pa,f attorney's fees. OTI~.R LENDER REIVIEDIES--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 v~thm the THIKTY (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 ~ ~ d paying the total amount then past due, plus any late or other charges then due, reasonable a~tome~ s fees an costs connected with the foreclosure sale and any other costs connected with the Sh~ri~s Sale as Specified in wrlt~g b~ the lender and by perform~n~ any other requirer~t~ under the mortgage. Curing you, default ~ the manner set forth ~n this notice will restore your mortgage to the same po~tion as if you had never defaulted. EAI~I.TEST POSSTRL~ SI:IER.~'~'S SALE DATE--~t is esl~_m~ted tl~t the earliest date that such a Sheriffs Sale of the mortgaged property could he held would be appro~m~tely four months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will he 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 TH~ LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Waypoint Bank 449 Eisenhower Blvd., Harrisburg, PA 17111 (717) 909-2767 or 1-866-929-7646 ext. 2767 (717) 909-2780 Todd Moyer EFFECT OF ~ql~RIFF'S SAI,~',--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. AssLrlClPTION OF MORTGAGE--You X may or ~may not (CHECK ONE) sell or transfer ~our home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU M. AY ALSO I]AVE ~ RIGITI': TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOP_ROW MONEY FKOM ANOTI4RK LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CUtLED BY ANY ~ PA_KTY ACTING ON YOUR BEHALF. TO HAVE TI-IE MORTGAGE tLESTOR~.D TO THE SAME POSITION AS IF NO DEFAULT HAD OCCUPIED, IF YOU CUP~ THE DEFAULT. (I-IOWEVEK, YOU DO NOT HAVE THIS KIGttT TO CUKE YOUR DEFAULT MOKE THAN ~ TIMES IN ANY CALENDAK YEAK.) TO ASSERT TI-IB NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCERDING OR ANY OTHER LAWSUIT INsTrrUTBD UNDER TI-IE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANICKUFrCY LAW. V~ty truly yours, Todd Moyer Collections Counselor TM/nek If funds are received and ne=~o~i~red in less fazn faa rozal mmonn~ due inclufi~n~ legzJ fees and costs; ra~ ~a ~ds zo you and con~uo ~fa rac~ip~ of~ to~ ~oun~ dna. LOOK /::OR U~. WE'LL 6~:~'~ YOU TH~R£, CU, M:EBEP LAND COLI,,NTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Hsrrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3r~ Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6~ Street Hsrrisburg, PA 17101 (7 I7) 234-5925 F,Z::O((717) 234-9459 VWCA of Carlisle 30I G. Street Carlisle, PA 17013 (717) 243-3818 FAX, (717) 731-9589 Community Action Comm of the Capital Region 1 5 14 Derry Street Harrisburg, Pa 17104 (7 17) 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 [71L J-IARRIE;BUR6. PENt/SYLVANIA i7105-[71l ~oll I:PEE ;~BG6-WAYPOINT (~-866-929-7646) · www.wagpointbank.com VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am 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 Stacy A~ng 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 VS. No. 2002-01179-Civil CHARLES F. WENDLAND CAROL M. WENDLAND Defendants MOTION FOR ORDER DIRECTING METHOD OF SERVICE OF COMPLAINT AND NOTICE OF SHERIFF'S SALE PURSUANT TO RULES 430 AND 3129,'~ AND NOW, comes the Plaintiff, Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank (hereinafter "Waypoint Bank"), by and through its attorney, Benjamin F. Riggs, Jr., moves this Honorable Court as follows: I. On March 8, 2002, Waypoint Bank filed its Complaint initiating an action in mortgage foreclosure with the Prothonotary of Cumberland County, Court of Common Pleas regarding property located at 1464 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Sheriff of Cumberland County was unable to effect service upon Defendants Charles F. Wendland and Carol M. Wendiand because Defendants have moved from the mortgaged premises and have left no forwarding address where personal service can be completed. 3. The Sheriff of Cumberland County has made diligent searches and inquiries for the Defendants but was unable to locate Defendants in their bailiwicks. 4. Plaintiff has made various attempts to ascertain a new address at which Defendants may be served, said attempts being set forth in an affidavit attached hereto and made a part hereof as Exhibit "A". 5. Plaintiff, pursuant to Rules 430 and 3129.2 of the Pennsylvania Rules of Civil Procedure, desires to obtain a special order directing the method of service of the Complaint and Notice of Sheriff's Sale upon Defendants Charles F. Wendland and Carol M. Wendland. WHEREFORE, Plaintiff moves this Honorable Court for an Order authorizing service of Waypoint Bank's Complaint in Mortgage Foreclosure and subsequent Notice of Sheriff's Sale on Defendants Charles F. Wendland and Carol M. Wendlan by certified mail, return receipt requested, by first class mail, by posting a copy of said notice on the property, by advertising notice of the sale in accordance with Pa.R.C.P. 3129.2(d) and in such other manner as the Court shall direct. Respectfully Submitted, Benj~r;nin/F. Rig g~,~.,,,,r Attorney for Plaintiff I.D. #72O30 COMMONWEALTH OF PENNSYLVANIA : ss; COUNTY OF YORK : follows:The undersigned, Bridget C. Gallagher, being duly sworn according to law, does depose and say as 1. I am a Paralegal of the Legal Department of Waypoint Bank, the above-named Plaintiff. I have personal knowledge of the matters hereinafter referred to and make this affidavit on behalf of Plaintiff. 2. Plaintiff's Complaint in Mortgage Foreclosure could not be served upon Defendants Charles F. Wendland and Carol M. Wendland at their most current residence address for personal service by the Sheriff of Cumberland County. 3. Plaintiff has attempted to ascertain an addresses at which Defendants Charles F. Wendland and Carol M. Wendland, may be served by the following means: (a) Search of local telephone directory in the Carlisle area which states the Defendants address as the mortgaged premises where personal service by the Sheriff of Cumberland County has been attempted and has been unsuccessful; and (b) Inquiry of Cumberland County voter registration office where the Defendants are not registered to vote; and (c) Personal service by the Sheriff of Cumberland County at the mortgaged premises where service has been unsuccessful because the mortgaged premises is vacant. The property has a "SOLD" sign on the front lawn; and (d) Verification by Plaintiff to the Cumberland County Post Office which verifies that the mortgaged premises is the current address of the Defendants and are holding mail the Defendants mail for pick up; and (e) Contacting the Tax Assessment Office of Cumberland County to verify an address where bills are being sent. Tax Assessment verified that the tax bills are being sent to the mortgaged property; and (f) Requesting a recent credit report on the Defendants that states the Defendants' last-known address as the mortgaged premises where personal service has been unsuccesful. I declare the foregoing information to be true and correct. SWORN and subscribed to before me this,~?~ day of March, 2002 .~ Notary Public My commission expires: Notarial Seal Sandra M. Aulbach, Notary Public City of York Yo~k County My Comm'la~ on Expires May 23, 2005 Member, P~nsytwnla ~ssoc~atlon ot Not~rles Bridget C. 'Gallagher Paralegal 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. 2002-01179-Civil CHARLES F. WENDLAND CAROL M. WENDLAND Defendants PRAECIPE TO REINSTATE Please re-instate the above captioned matter. Benjami~~quire Attorney for Plaintiff Waypoint Bank, f/k/a York Federal Savings & Loan Association and Harris Savings Bank P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No. 2002-01179-Civil CHARLES F. WENDLAND CAROL M. WENDLAND Defendants ORDER AND NOW, this ,~'/-~day of March, 2002, upon consideration of Plaintiffs Motion for Order Directing Service of Complaint pursuant to Rules 430 and 3129.2 and affidavit in support thereof; IT IS HEREBY ORDERED that Plaintiff is authorized to serve the Complaint in Mortgage Foreclosure upon the Defendants Charles F. Wendland and Carol M. Wendland at their last-known address by certified mail, return receipt requested, and by first class mail and by posti~nga, qop}~f~ said notice o.n the pr. operty an.d~.n suchOoth_er,_manner as the Court shall direct) and 1'~ ~)~4,-~,~-~ !~'i!~idd~i!in~, :da~;renS~icbeYonC~iefi;dro~near~:, ~Uar;ver~c;~ ¥;.R.c.I~. 312'9.2 d ' ' IT IS FURTHER ORDERED, that service in the above-described manner shall constitute full and competent service under the Pennsylvania Rules of Civil Procedure. BY THE~ Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION--MORTGAGEFORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS, No. 02-1179-Civil CHARLES F. WENDLAND CAROL M. WENDLAND Defendants AFFIDAVIT The Affiant hereby affirms that he served the Defendants Charles F. Wendland and Carol M. Wendland on April 5/~, 2002 at their last-known address of 1464 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007 by certified mail, return receipt requested and by first class mail with the Complaint in Mortgage Foreclosure. Affiant ~ Jr. COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS. On this ,5~ day of April, 2002, before me, a Notary Public of the Commonwealth and County aforesaid, personally appeared Benjamin F. Riggs, Jr. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My commission expires: Bridget C. Gallagher, Not?¥ ~'uu.~ ~ Yorl(, ydrk County ...... [ ~kMy Cornrnis si°~s- ~'b'_-22' 2003_~ Notary Public