HomeMy WebLinkAbout03-0687 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.
ROBERT E. RODGERS
NWA ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
No. 05-(,,~10_.~;4'T~..~
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
(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.
ROBERT E. RODGERS
NWA ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
No.
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de
las quejas expuestas en las paginas siguientes, debe romar accion dentro de veinte
(20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe
presentar comparecencia escrita en persona o por abogado y presentar en la Corte por
escrito sus defensas o sus objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte
puede decidir en su contra sin mas aviso o notificacion 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 ABA JO PARA AVERIGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
ROBERT E. RODGERS
NK/A ROBERT RODGERS
CATHY S. RODGERS
A/K/A CATHY RODGERS
Defendants
COMPLAINT
AND NOW, comes Plaintiff, Waypoint Bank, f/Ida York Federal Savings and Loan
Association and Harris Savings Bank, by and through its attorney, Benjamin F. Riggs,
Jr., and complains of Defendants, Robert E. Rodgers a/k/a Robert Rodgers and Cathy
S. Rodgers a/ida Cathy 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 235 North 2nd Street,
P.O. Box 1711, Harrisburg, Pennsylvania 17105-1711.
2. The Defendants are, Robert E. Rodgers a/ida Robert Rodgers and Cathy
S. Rodgers a/ida Cathy Rodgers, who are husband and wife and are adult individuals
residing at 22 Windy Hill Road, Newville, Pennsylvania 17241 and are the mortgagors
and real owners of the Mortgaged Premises located at 22 Windy Hill Road, Newville,
Pennsylvania 17241, Cumberland County, having acquired title by Deed dated July 12,
1995, and recorded on July 14, 1995, in the Cumberland County, Pennsylvania,
Recorder's Office in Record Book 125, Page 118.
Mortgage
3. On or about July 13, 1995, Defendants made, executed, and delivered to
Plaintiff a mortgage upon premises therein described, which Mortgage contains a
description of the premises subject to said Mortgage and was recorded on July 14, 1995
in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1271,
Attorney's Fees 5%
TOTAL AMOUNT DUE
$ 6,350.96
$140,675.20
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) Defendant has failed to meet with the Plaintiff 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
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, Robert E. Rodgers a/k/a Robert Rodgers and Cathy S. Rodgers a/k/a
Cathy Rodgers, in the amount of One Hundred Forty Thousand Six Hundred Seventy-
Five and 20/100 Dollars ($140,675.20), with interest thereon until paid at such rate or
rates as established by Plaintiff pursuant to the terms of the Note, currently $26.9698
per diem, from February 7, 2003, late charges at 5% of the monthly payment amount,
currently $50.15 per month from February 7, 2003, escrow charges, currently $380.67
per month from February 7, 2003, attorney's fees, costs of suit, and other charges
collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises;
and for any and all other relief as the Court deems appropriate.
Dated:
February 12, 2003
Benjaml'n F ~lggs,' 3r. ~! !
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
[Space Above This Line For Racording Data]
LOAN NO. PA 15 2380
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on JULY 13
The mortgagor is ROBERT E RODGERS kND CATHY S RODGERS
1995
("Borrower").
This Security Instrument is given to FIRST UNITED MORTGAGE SERVICES, INC.,
which is organized and existing under the laws of COMMONWEALTH OF PENNSYLVANIA
address is 4931 CARLISLE PIKE,
MECHANICSBURG, PA 17055
Borrower owes Lender the principal sum of ONE HUNDRED FORTY THOUSAND AND 00/100
, and whose
("Lender").
Dollars (U.S. $ 14 0,0 0 0.0 0 ). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
AUGUST 1, 2 0 2 5 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note,
with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced
under paragraph 7 to protect the security of this Sec}.trity Instrument; and (c) the performance of Borrower's covenants and agreements
under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the
following described property located in CUMBERLAND County, Pennsylvania:
which has the address of 2 2
Pennsylvania 17 2 4 1
[Zip Code)
WINDY HILL RD
[Street)
("Property Address ')
NEWVILLE
ICity]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures
now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of
the foregoing is referred to in this Security Instrument as the "Property".
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will
defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3039 9/90 Page 1
Laser F .... Inc. (800)446-3555 . .
LIFT #3039 9~93 n t als:,,~ ~,~¢_.~
840
THIS SECURITY INSTRUMENT c 'bines uniform covenants fer national use and r miform covenants with limited variations
· · by jurisdiction to constitute a uniform .urity instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal
of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender
on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and
assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or
ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if
any; (e) yearly mortgage insurance premiums, if any; 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. § 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 secnred by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for
the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is
not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay
to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly
payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held
by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the 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, fmes 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 all notices of amounts to be paid under this paragraph. If
Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing
to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or
defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of
the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions
set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or
flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage
to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall
have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid
Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 'P~. ~1~.,~ Rev. 9/90
~, Page 2 of 6 Initialsi'
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b00K1271 P r,E
premiums and renewal notices. In the eve ~ loss, Bort'ower shall give prompt notice to t' ;nsurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Propel ty damaged, if the restoration er 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 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 the payments. If under paragraph
21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property
prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the
acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this
Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date
of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
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 aoruling that, in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this
Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process,
gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information)
in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy
of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions
of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to
the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect Lender's fights in the Property (such as a proceeding
in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may dc) 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 lien which has priority over this Security 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 of
disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage
insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of
the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent
mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly
mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will
accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be
required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided
by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain
mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any
written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall
be paid to Lender.
in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market
value of the Property immediately before the taking is equal to or greater than the 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
Single Family- Fannie Mae/Freddie .... Mac UNIFORM INSTRUMENT ~;~(~ LIFTReV'Ver.9/907/92
00 ,1271 PAc[ 842 Page3o{G Initial
Security Instrument shall be reduced b, 'he amount of the proceeds multiplied by the lowing fraction: (a) the total amount
the sums secured immediately before th. ~Jng, divided by (b) the fair market value of h.,: 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 Pr~operty
immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Le~ ~der
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 secured by
this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not
operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of
the 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 of any right
or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17.
Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not
execute the Note: (a) is co-signing this Security 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 (e) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and
that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed
the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (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 partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by
first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any
other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address
stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall
be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction
in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with
applicable law, such conflict shall not affect other provisions of this Security Instrnment or the Note which can be given effect
without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is
sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this
Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less
than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement
of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may
specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry
of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would
be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security 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
Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~'~.~ Rev. O/90
Page 4 of 6 Initial~ LiFT Ver. 7/92
as i'f no acceleration had occurred. Howe this right to reinstate shall not apply in the ~. of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Serwcer. The Note or a partial interest in the Note ,.ogether with this Security Instmment)
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 quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph
20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of
any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable
law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (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 alter 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 detbcts in proceedings to
enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing ~:br stay of execution,
extension of time, exemption from attachinent, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to
the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or
in an action of mortgage fbreclosure shall be the rate payable from time to time under the Note.
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3039 9/90
Laser Forms Inc. (BO0) 446-3555
LIFT #3039 9/93 Initials:
27. Riders to this Security Instr' ~,nt. If one or more riders are eaecuted b) rrower and recorded together with this
Security Instrument, the covenants and ~,,eements of each such rider shall be incorporatea 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
['~ Graduated Payment Rider
~ Balloon Rider
~ Other(s) [specify]
~ Condominium Rider
[-~ Planned Unit Development Rider
[-~ Rate Improvement Rider
~1-4 Family Rider
~-~ Biweekly Payment Rider
~ Second Home Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in
any rider(s) executed by Borrower and recorded with it.
Witnesses:
(Seal)
-Borrower
(Seal)
-Borrower
[Space Be}ow This Line For Acknowledgment]
Certificate of Residence
I, PAMELA d. COOPER
doherebycerti~thattheco~ectaddressofthewithin_named Mortgageeis
MECHANICSBURG, PA 17055
4931
CARLISLE PIKE
Witness my hand this 13TH dayof JULY
COMMONWEALTH OF PENNSYLVANIA,
On this, the 13TH day of JULY , 1995
ROBERT E RODGERS AND CATHY S RODGERS
1995
, before me
,~gent of Mortgagee
/~of~,~ County ss:
the undersigned officer,
known to me (or satisfactorily proven) to be the person whose name A_R~.
acknowledged that THEY executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3039 9/90 Page 6 of 6
Laser F .... Inc. (800)445-3555 ~~~~~
LIFT #3039 9/93 Initial
-'%00 1271 845
subscribed to the ~
NOTARIAL SEAL
HEATHER A. STONER, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Jan. 24, 1998
~ALL THAT CERTAIN tract of ~nd situate in North Newton 3ownship,
Cumberland County, Pennsylvania, bounded and described in
accor~ance with a subdivision plan prepared by Fisher Mowery &
'Rosendale Associates, Inc. as recorded in Cumberland County Plan
Book 70, Page 70, as follows:
BEGINNING at an iron pin set along the dedicated right of way of
S.R. 4015 (Winding Hill Road) and property now or formerly of
David L. and Mary T. Johnson, thence along S.R. 4015 (Winding
Hill Road), South 09 degrees 17 minutes 00 seconds West two
hundred thirty-four and five tenths (234.5) feet to a P.K. nail
set in S.R. 4015 (Winding Hill Road); thence along Lot No. 2 on
the aforementioned subdivision plan South 84 degrees 33 minutes
00 seconds West three hundred and thirty-one hundredths (300.31)
feet to an iron pin set in corner of Lot No. 2 and the herein
described lot; thence along common boundary of Lot No. 2 and Lot
No. 1, South 09 degrees 17 minutes 04 seconds West one hundred
forty-nine and sixty-six hundredths (149.66) feet to an iron pin
set at base of fence post in land now or formerly of Harold H.
and Darlene A. Weaver; thence along lands now or formerly of
Harold H. and Darlene A. Weaver South 85 degrees 02 minutes 00
seconds West five hundred nine and two hundredths (509.02) feet
to an iron pin set in a fence post; thence continuing along
lands now or formerly of Harold H. and Darlene A. Weaver, North
24 degrees 41 minutes 55 seconds West eight hundred twenty-two
and thirteen hundredths (822.13) feet to an iron pin set in
corner of lands now or formerly of Harold H. and Darlene A.
Weaver and Lot No. 4 on the aforementioned subdivision plan;
thence along common boundary of Lot No. 4 and Lot No. 1 on the
aforementioned subdivision plan, North 76 degrees 41 minutes 24
seconds East eight hundred six and seventy-three hundredths
(806.73) feet to an iron pin set in common corner of Lot No. 4,
Lot No. 1 and Lot No. 3 on the aforementioned subdivision plan;
thence along common boundary of Lot No. 1 and Lot No. 3, South
05 degrees 59 minutes 40 seconds East four hundred ninety-four
and seventy hundredths (494.70) feet to an iron pin set in
corner of Lot No. 3; thence along Lot No. 3 and land now or
formerly of David L. and Mary T. Johnson, North 88 degrees 18
minutes 30 seconds East three hundred seventy-five and zero
hundredths (375.00) feet to an iron pin set, the point and place
of BEGINNING.
BEING all of Lot No. 1 and containing 14.8159 acres.
UNDER AND SUBJECT to a 15 foot drainage easement as set forth in
Plan Book __, Page
UNDER AND SUBJECT to the dedicated right-of-way of S.R. 4015
(Winding iHill Road).
BEING part of the same premises which Kenneth L. Tuckey and
Marsha A. Tuckey, by their deed dated July I~v 1995 and
i-n~n~d, ing to be recorded forthwith granted and conveyed unto
Robert ~E. Rodgers and Cathy S. Rodgers his wife
of pennsylvania } SS
,runty of Cumberland
~'~arded irt the office for the recording of
and t~umberland
B~V~a o~age of
LOAN NO. PA 15 2380
JULY 13 , 19 95
NOTE '
MECHANICSBURG PA
22 WINDY HILL RD " ~
NEWVILLE, PA 17241 ~ '~
[Prop.rt¥ Add~ess)
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 14 0,000.00 (this amount is called
"principal"), plus interest, to the order of the Lender. The Lender is FIRST UNITED MORTGAGE SERVICES t INC. ·
4931 CARLISLE PIKE, MECHANICSBURG, PA 17055
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is called the "Note Holder".
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate
of 7. 750 %.
The interest rate required by tins Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
tins Note.
3. PAYMENTS
(A) Time and Place of Payme.ts
I will pay principal and interest by ~naking payments every month.
I will make ]ny monthly payments ou the 1ST day of each month beginning on SEPTEMBER I ,
19 95 . I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on
AUGUST 1 , 2 02 5 , I still owe amounts under this Note, I will pay those amounts in full on that
date, which is called the "maturity date".
I will make my monthly payments at
4931 CARLISLE PIKE, MECHANICSBURG, PA
17055
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1· 002 . 98
4. BORROWER'S RIGItT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a
"prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of
my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no
changes in the due date or in the amount of ]ny 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 maxilnum loan charges, is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted linfit; and (ii) any sums already collected from me which
exceeded permitted lirrfits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe
under tins Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial
prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
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, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 0 % of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain
date, the Note Holder ]nay require me to pay i~mnediately 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 mailed to me.
Page I of 2_ Initials¥'-,z~F~ 9/91
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me t? pay immediately in full as described above, Ihe
Note Holder will still have the right to 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, the Note Holder will have the right to be
paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering
it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice
of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note
Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, snrety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
tbis Note against each person individually or against all of us together. This means that any one of us may be required to pay all
of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right
to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note
Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note,
protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That
Secnrity lnstrnment 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 Beneficial Inter~t in Borrower. If all or any part of the Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require irmnediate 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.
~ '" ~ ~ OF THE UNDERSIGNED.
5~'-'~~ (Seal) ~d5 (Seal)
Social Security N umber 1 6 2 -4 4 -4 7 2 5 Social Security N umber 3 0 1-5 O-4 5 2 3
(Seal) (Seal)
Social Security Number Social Security Number
WITHOUT RECOURSE, PAY TO THE ORDER OF HOWARD HANNA FINANCIAL SERVICES, INC.
IT'S S~ORS AND/OR ASSIGNS, 119 GAMMA DRIVE, PITTSBURGH, PA 15238[Sign Original Only]
ROBERT E. rqoss, PRESIDENT
FIRST UNITED MORTGAGE SERVICES, INC.
MULTISTATE FIXED RATE NOTE - Single Family - FNMA/FHLMC UNIFORM INSTRUMEN~
Page 2 of 2 Initia~
Form 3200 12/83
ASSIGNMENT OF MORTGAGE
KNOW ALL ~N BY THESE PRESENTS, that FIRST UNITED MORTGAGE SERVICES
INC., for valuable consideration received to its full satisfaction,
does hereby sell, assign, transfer and set over -~to HOWARD HANNA
FINANCIAL SERVICES, INC., its successors and/or assigns, 116 Ga~m~
Drive, Pittsburgh, PA 15238, a certain Mortgage dated the 131H
day of JULY , 19~ , executed and delivered to FIRST UNITED
MORTGAGE SERVICES INC., by
ROBERT E RODGERS AND CATHY S RODGERS
and recorded in Mortgage Book Volume /~ ~./ , Page ~0 ,
together with a Promissory Note secured thereby and referred to
therein; and all s,,ms of money due and to become due thereon.
MORTGAGE AMOUNT $ 140,000.00
IN WITNESS WHEREOF, FIRST UNITED MORTGAGE SERVICES INC., hereunto
sets its hand this 13TH day of JULY , 19 95.
COMMONWEALTH OF PENNSYLVANIA )
) ss.
COUNTY OF CUMBERLAND )
FIRST UNITED MORTGAGE SERVICES, INC.
On this, the 13TH day of JULY
19 95, before me, a Notary Public, the -ndersigned officer,
personally appeared Robert E. Moss, who acknowledged himself to be
the President of First United Mortgage Services Inc., a
corporation, and that he as such President, being authorized to do
so, executed the foregoing instr~,~ent for the purpose therein
contained by signing ~he name of the corporation by himself as
President. '
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
After recordin~ retu~ to:
HOWARD HANNA FINANCIAL SERVICES, INC.
116 Gamma Dr~e
Pittsburgh, PA 15238
,'.~t :~te of Pennsylvania
SS
{?.>unty of Cumberland J
: .:~,~rded in the office for the recording of De~
~. ~n ~nd for Cumbert~ Count, P~
;v~;s my hand and seat o~ office of
C~d{ste, PA this~ day of~ 19~.
- /~ .... Re~rder~~
Loan No. PA-15-2380
ASSIGNMENT OF MORTGAGE
MortgageFrom:
ROBERT E RODGERS
CATHY S RODGERS
FIRST UNITED MORTGAGE SERVICES, INC.
To:
HOWARD HANNA FINANCIAL SERVICES, INC.
Assigned to:
PEOPLES HERITAGE SAVINGS BANK
M. ortgage dated: JULY 13, 1995
Mortgage recorded at:
Mortgage~ Book Volume,.~ I 2---] [ Page %
Kecoraer s Office of
CUMBERLAND ~q~ou~,~PPa.
Debt: 140,000.00 '~ .'~
0 m°
MUNICIPALITY NORTH NEWTON T SH~P~
BLOCK AND LOT ~ __~
KNOW ALL MEN BY THESE PRESENTS ° TM -
THAT: Howard Hanna Financial Services, Inc.
---<
the MORTGAGEE named above, in consideration of ONE DOLLAR ($1.00), and other good and valuable consideration at or before
the delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, assigned, transferred and
set over, and by these presents does grant, bargain, sell, assign, transfer and set over unto the said
PEOPLES HERITAGE SAVINGS BANK , its successors and assigns,
the above stated Mortgage, TOGETHER with all the rights, remedies, incidents and appurten~mces thereunto belonging, or in anywise
appertaining, and all the right, title, interest, estate, property, claim and demand whatsoever, of, in and to the same, and the premises
therein described; together with the bond or obligation in said Indenture of Mortgage mentioned, and thereby intended to be securexl,
and the warrant of attorney to confess.judgment thereto annexed, and all moneys due antl to grow due therel'rom. TO I IAVE AN D
TO HOLD the same unto the said
PEOPLES HERITAGE SAVINGS BANK , its successors and assigns,
and to direct the recorder of said County to note upon the margin of the record of said Mortgage, this Assignment thereof.
NOTICE: THIS DOCUMENT MAY NOT / DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE TIlE TITLE
TO TIlE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO
HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE / HAVE THE COMPLETE LEGAL RIGHT
TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF
THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF
TI~S NOTICE DOES NOT ENLARGE OR RESTRICT OR MODIFY ANY LEGAL RIGHTS OTHERWISE CREATED,
TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT.
(This notice ia set forth in the manner provided in Section 1 of the Act of July 17, 1S~SY!!P,.~. 984 as amended, and is not intended as not*ce of unrecorded *nstruments. if any.)
, ' . ' ..... i ,~'
IN 'WITNESS WHEREOF the smd corporatmn has caxu~ 'its'~c0r~o~ate'seal to be affixed to this instrument by the hand of its
President, and the same to be duly attested by its Ass'istmii 'S~ecrdt~r~ · '" i:
this JULY 13, 1995
Att~t. %?~' ,' ~ ~ ~Hanna Financia, l~vice% Inc.
~f~.. "..'~,~1.:, ~Mark D. Steele, President
Commonwealth of Pennsylvania
. County of ALLEGHENY
On this day 7 /1 3/9 5 , before me, the undersigned officer, a notary public,
personally appeared Mark D. Steele who acknowledged himself to be the President of Howard Hanna Financial Services, Inc., a
Pennsylvania Corporation, and that he, as President, being authorized to do so, executed the foregoing Assignment of Mortgage for
the purposes contained therein, signing the name of the Corporation b~self as President.
In.witness whereof', I hereunto set my hand and official seal.
, \
Notarial Seal I
Carey J. Horn Notary Public I - -- -
O'Hara Twp., Allegheny County J
My corrmUssion expires My Commission Expires June 1, 1998 I
Member, Pennsylvania Association of Notates.
Certificate of Residence
lherebycerti~thatthepreciseresidence
PEOPLE HERITAGE SAVINGS BANK
ATTN: SERVICING
P.O. BOX 101
LEWISTON, ME 04243
ASSIGNMENT OF MORTGAGE
PEOPLE
From:
Howard Hanna Financial Services, Inc.
To:
HERITAGE SAVINGS BANK
Recorded
Volume
Number
Page
MAIL TO:
HOWARD HANNA FINANCIAL SERVICES
119 GAMIV~ DRIVE
PITTSBURGH, PA 15238
Recorder, please provide recording information below:
Page 2 of 2
initials:
,. :' %mr:svh, ania }
. ~r., ~ SS
,, b~ri~',nd ,.
,~ u, the. ,...' w:- the recording '.,
.~ .,:' t:ai,~ ar;d ~e~ c~ ofhce o~ '".'.,, ~ ,:.
' .,. r',.., mis. ~ ~a~ of
-,.
Recorder
ooK 512 P c[
,/
ROEERT P.Z!£C_ER
RECORDER OF DEEDS
,¢uNtBL¢-;LA~;D COUNTY- F'A
'96 I)CT ;. 9 ¢1¢1 11
Recording requested by/Return to:
FEDERAL HOME LOAN MORTGAGE CORPORATION
C/O HARRIS SAVINGS BANK
SECOND AND PINE STREETS
P.O. BOX 1711
HARRISBURG, PA 17105
ASSIGNMENT OF MORTGAGE
Account No.:21-4036814
FOR VALUE RECEIVED, the undersigned, Peoples Heritage Savings Bank, (herein "Assignor") whose
address is One Portland Square, Portland, Maine, 04101, does hereby grant, sell, assign, transfer and
convey unto the HARRIS SAVINGS BANK (herein "Assignee"), whose address is Second and Pine
Streets, P.O. Box 1711, Harrisburg, PA 17105, a certain Mortgage dated JULY 13, 1996, made and
executed by ROBERT E. RODGERS AND CATHY S. RODGERS, to and in favor of the FIRST UNITED
MORTGAGE SERVICES upon the following described property situated in CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA:
22 WINDY HILL ROAD
NEWVlLLE, PA 17241
such Mortgage having been given to secure payment of $140,000.00; which Mortgage is of record in
Book, Volume or Liber No. 1271 , at page 840 of the Real Estate Records of CUMBERLAND
COUNTY, COMMONWEALTH OF PENNSYLVANIA, together with the note(s) and obligations therein
described and the money due and to become due thereon with interest, and all rights accrued or to
accrue under such Mortgage.
TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, forever, subject only
to the terms and conditions of the above-described Mortgage.
IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on
June 20, 1996.
~ (_~------~L. ,~,z~ Peoples Heritage Savings Ban~k
~na d. DeH~..~n, nvestor
Accounting
Officer
This Instrument Prepared by: Peoples Heritage Savings Bank, One Portland Square, Portland, ME
04101, (207)854-7530.
ACKNOWLEDGEMENT
State of Maine
County of Androscoggin
On June 20, 1996, then personally appeared before me, the undersigned, a Notary Public for said
County and State, Tina J. DeHaan, and acknowledged that she executed the foregoing instrument
pursuant to a resolution of Peoples Heritage Savings Bank's (the Bank) Board of Directors and that such
execution was done as the free act and deed of the Bank.
Notarvf ......
a y. Tammy L. Rmhardson' -,:
My Commission expires March ~:0~,:~'~:~?.;
Wagp i.qt
Januau, 2,2003
ACT 91 & ACT 6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mor~ur home is in default, and the lender intends
to foreclose.__~S ecilic information about the nature of the default is_p_Z_9_vided in the attach~
The HOMEOWNER'S MORTGAGE AS____SISTANCE PROGRAM E~___~_~rnax, be able to ~
save your home. This notice e_~plains how t~am works.
To see if I-ZEMAP can hellh_, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF TI-I~E DATE O.___~F THIS NOTICE. Take this Notice with you when
you meet with the Counseling Agency.
· The name, address and phone number of Consumer Credit Counselino Aoencies
~ your Countx, are listed at the end of this Notice. If yon have am2_question~
call the Pennsylvania Housin~ Finance A_A_Aoencv toll free at 1-800-';42-~397 (Persons with
.impaired hearin~o can call (717) 780-1869L ' ~ '
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency ma}, be able to
help explain it. You ma5, also want to contact an attorney in your area. The
local bat- association ma3, be able to help you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANC1A, PUES AFECTA SU
DERECHO A CONTINUAR XqVIENDO 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 ARIIlBA. 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
RED1MIR SU HIPOTECA.
P.O. Box i7i[, HARRISBURG. PENNSYLVANIA i710..5-i71i
Toll ~rea [-~'-WAYPOINT (I-866-ff~F'5~-7646). IN YORK AReA 7[7/8L~-4500 · www.wagpointbank.com
HOMEOWNER'S NAME:
PROPERTY ADDRESS:
MAILING ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
_Robert E Rodgers
_22 Windy Hill Road, Newville, Pa 17241
_22 Windy Hill Road, Newville, Pa 17241
_14036814
_First United Mortgage Services Inc
CURRENT LENDER/SERVICER: Wavpoint Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE ~rltlCH CAN SAVE YOUR HOME,
FROM FORECLOSURE AND I-YELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COM]PLY 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 ttAS BEEN CAUSED BY CIRCLqVISTANCES BEYOND YOUR
CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
· IF YOU MEET OTHER 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 aod attend a "face-to-face" meeting with one office consumer credit counseling agencies listed
at the end of this Notice. THIS MEETING MFUST OCCUR WlTIIlN THE NEXT THIRTY (30)
DAYS. ~ YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST
BRING YOUR MORTGAGE UP TO DATE. TIlE 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 th~s notice, the lender may NOT take action against you for
thirty (30) days after the date o£ this meeting. The names, addresses and telephone numbers of designated
consumer credi~ counsetine a~encies for the county in which the propem~ is located are set forth at the end
o£this Not/ce. It is only necessary to schedule one face-to-face meeting. Advise your lender irrnnediatel¥ of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the
reasons se; 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 a~ply
for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. Te do so, you
must fill out. sign anct file a completed Homeowner's Emergency Assistance Pro,ram Application with 'one
of the designated consumer credit counselmg agencies listed at the end of this No'ce. Only consumer credit
counseling agencies have applications for the pro.am m~d they wi]] assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application ]l/lUST be filed or postmarked
within thflwy (30) days of your face-to-face meeting.
YOU MiL!ST 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 ItrlLL BE DENIED.
AGENCY ACTION---Available funds for emergency mortgage assistance are ve~ limited. They
will be disbursed by the Agency render the eligibility criteria established by the Act. The Pennsvlvaina
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 Pem~sylvania Housing Finance Agency of/ts decision on
yom' application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, TI-It; 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).
NATUI~ OF THE DEFAILFLT---The MORTGAGE debt held by the above lender on your property
located at: _ 22 Windy Hill Road, Neurville, Pa 17241
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 $1383.65 due each for November, December 2002
and January 2003.
B. Other charges: _Late Charges $100.30
Total Amount Past Due: -$4,251.25
HAVE FAILED TO TAKE THE FOLLOWING ACTION:
HOW TO CURE THE DEFAULT---You may cure tbe default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$4,251.25 PLUS ANY MORTGAGE PASrMENTS AND LATE CHARGES WHICH BECOME DUE
DUP,.E'4G THE THIRTY (30) DAY PERIOD. Pawnents must be made either bY cash cashier's check,
certified check or money order made payable and sent to:
_WavDoint Bank
449 Eisenhower Boulevard
Harrisburm PA ] 7111
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 debl will be considered due mm~ediately and you may lose
tine chance to pay the mortgage m monthly installments. If full payment of tine total amount past due'is not
made within THIRTY (30) DAYS. the lender also intends to insn~ct its attorneys to start legal action to
foreclose upon your mort~oa.oed property.
IF TI-IE 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 bare to pa5, 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 fine lender, which may also ioclt~de other
reasonable costs. If you cure the default within the Tlll~TY (30) DAY period, yon will not be
required to pay attorney's fees.
OTHt;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 TI-IE DEFAULT PRIOR TO SITERIFF'S SAI,I~---If you have not cured the default
within the THIRTY (30) DAF period and foreclosure proceedings have begun, you still have the rizht to
cure the default and prevent the sale at may thne up to one hour before the Sheriff's sale. You may do so by
paying the total amount then past due, l~lus any late or other char~es 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 wntin~ by the lender and by performing any other requirements under the mortaa~e. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position as it' you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SAI,E 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 mouths 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.
HO%~ TO CONTACT TE[E LENDER:
Name of Lender:
Address:
Wavpoint B auk
449 Eisenhower Blvd., Harrisburg. PA 17111
Phoue Number:
Fax Number:
Contact Person:
(717) 909-2735 or 1-866-929-7646 ext. 2735
(717) 909-2780
Margaret Reader
EFFECT OF SHERIFF'S SALE---You should realize that a SherifCs 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
yom- 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.
YOI? 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 CUR~ 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.
ry truly yours,,//~
//
,q , , ---7- .:/
Mm-garet R~,a,~er t
Collection C~unselor
MP,./nek
If funds are ~-eceived and negotiated in less thal~
the total amount due inclLtding legal fees and costs;
Waypoint Bank reserves the ~'ight to return the fL~nds to
you ~nd continue with legal proceedings pending
l'eceipt of the total amount due.
COOl( ~OF~ LI~. ~A/~'~L G~T YOU THERE
UMBERLAND 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 rd
3 Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Corem of the Capital Reaion
1514 Derry Street ~
Harrisburg, Pa 17104
(717) 232-9757
FAX (717) 234-2227
YWCA of Carlisle
3'01 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
P.O. Box '7l h I-iARRi%BURG PENN..~YEVANIA i710-~-i71~ --
- , · IN YORK AREA 7[7/81%-4~OO · v~'.wagpointbank.com
Wayp n
danua~3; 2, 2003
The subscriber below of the ~2 S. Post Office located at 5]20 Der~3: Street, Harrisburg, PA
] 7]]1, does hereby certi~, that an envelope was mailed with postage prepaid by First Class Mail
from the Waypoint Bank addressed to Robert £ Rodgers, 22 Windy Hill Road, Newville, Pa ] 724],
properly deposited ~ S. Mail for deliver); this 2''d day of danua~. , 2003.
U. S. Post Office
5120 Den? Street
Harrisburg, PA
I~0. Box 1711, HARRISBURG, PENNSYLVANIA 1710E;-1711
Toll F~'Ee I-~I(3E3-WAYPOINT (t-g166-~3Pg-7646). IN YORI( AR~A 717/BI:~-4E;O0 - www. wa~/pointbanlc.com
~562 E2~2 2000 0~t2 200~_
WaB p i.n
January 2, 2003
ACT 91 & ACT 6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mort~a~oe on your home is in default, and the lender intend,~
to foreclose.__.~S ecific information about the nature of the default is provided in the attached ~
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP_)_mav be able to help to
save your home. This notice explains how the pro~oram works.
To see if H]gMAP can hel__~m__, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF TH:E DATE OF THIS NOTICE. Take this Notice with yon when
you meet with the Counselin~o A~oencv.
The name, address and_p_hone number of Consumer Credit Counselin~
serving_your County are listed at the end of this No___tice__:. If_you hav__._~e anv_~x_q~es~
call the Pennsylvania Housin_~o Finance A~o_~==encv 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 z(gency 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 yon find a lawy}r.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, pLIES AFECTA SU
DERECHO A CONTINUAR ~,qVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO
DE ESTA NOTIF1CACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO AIGUBA. PUEDES SER ELEGIBLE PARA UN PRESTANIO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR Ski CASA DE LA PERI)IDA DEL DERECHO A
REDIMIR Sti HIPOTECA.
RO. Box 171 i, HARRISBURG, P~NNgYLVANIA i7iO.~-iTli
Tol~ Fps~ [-[3~6-WAYPOINT (i~866-9P9-7646) · IN YORk' AReA 717/8!5-4300 - wvvw.wa~Jpointbank.com
HOMEOWNER'S NAME:
PROPERTY ADDRESS:
MAILING ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
_Cathy S Rodgers
_22 Windy Hill Road, Newville, Pa 17241
_22 Windy Hill Road, Newville, Pa 17241
14036814
_First United Mortgage Services Inc
CUILRENT LENDER/SERVICER: Wavpoint Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHJCH CAN SAVE YOUR HOM'F,
FROM FORECLOSURE AND I-IELP 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 IIAS 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-~R ELIGIBII,ITY REQUIREMENTS ESTABLISlgI~,D BY TI~
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 V~rlTHIN THE NEXT THIRTY (30)
DAYS. · 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
thir~ (30) days after the date of this meeting. The names, addresses and telephone numbers of desi~ated
consumer credit counselin~ aaencies for the county in which the Cropert¥ 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 n~2nediate]¥ of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCF---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 a¢ply
for 15nancial assistance fi'om the Homeowner's Emergency Molqgage Assistance Program. To do so. you
iqntlSt 1511 Otlt. sign and file a completed Homeowner's Emergency Assistance Program Application witl~ tile
of the desigmated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the pro,'am and they will assist you in submitting a complete
application to tine Pennsylva.nia Housing Finance Agency. Your application MUST be filed o:' postmarked
within thi~-ty (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 griLL BE DENIED.
AGENCY ACTiON--Available funds for emergency mortgage assistance are very limited. They
wiI] be disbursed by the Agency under the eligibiliry crimria established by the Act. The Pem~svlvan/a
Housing Finance Agency has sixty (60) days to make a decision after it receives your application. ~)uring
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, TI-~ FOLLOWING PART OF TI-lIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLEC~I
THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it up to date).
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property
located at: _ 22 Windy Hill Road, Newville, Pa 17241
IS SERJOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAhqViENTS for the following months and the
following amounts are now past due: _Payments of $1383.65 due each for November, December 2002
and January 2003.
B. Other chm'ges: _Late Charges $100.30
Total Amount Past Due: $4,251.25
HAVE FAILED TO TAKE THE FOLLOWING ACT/ON:
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAl,rING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$4,251.25 PLUS AN%~ MORTGAGE PAhqViENTS 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:
Y¢avpoint Bank
449 Eisenhower Boulevard
Harrisburg. PA 171 t I
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THI~TT (30) DAYS
of the date of this Notice. the lender intends 1o exercise its ri,ohts to accelerate the mort_oase debt. This
means that the entire outstanding balance of this debt will be considered due ~rnmediately and you ma5, lose
the chance to pay the mortgage in monthly installments. If full pa~nent of the total amount pasz due is no1
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mort~a,oed properW.
IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged properly will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers you:' 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.
OTHER LENDER REMEDIES---The lender may also sue you personally for the unpaid prindPal 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 THIlq_TY (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
paving 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 ao¥ other costs counected with the Sheriff's Sale as specified
in writing by the lender and by perforn-fing any other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore yom' mortgage to the same position as ff you
had never defaulted.
EARLIEST 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 ;vill be by contracting the lender.
HO~; TO CONTACT THE LENDER:
Name of Lender:
Address:
WavDoint Bank
449 Eisenhower Blvd.. Harrisburg. PA 17111
Phone Number:
Fax Number:
Contact Person:
(7175 90%2735 or 1-866-929-7646 ext. 2735
(7]7)909-2780
Mar~aretReader
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 prope~Xy after the Sheriff's
Sate, 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 CURLED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IiF NO
DEFAULT H.ZkD OCCURRED, ~ YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CUP,.E 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 AiN¥ OTHER DEFENSE YOU BELIlEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANIr-~UPTCY LAW.
Very, truly yours,
Mm-garet Re~der
Collection Counselor
MP,_/nek
If funds are I-eceived and negotiated in less than
the total amount due inclL~ding legal fees and costs;
Waypoint Bank resel-ves the I-ight to retLirn the funds to
you and continue with legal proceedings pending
l-eceipt of the total amount due.
LOOK FOR US. W~'LL ~T YOU TH~R~.
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-I757
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. 6th 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 Corem 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
R0. Box i71[, HARR!~BURG P'~NN.~¥LVANIA i7105-i71[
Toll Free ~-~-WAYPOINT (~-B56-5~__%-7646). IN YORK ARE/-, 7~7/~315-4.~OO · www.waqDointbant(.com
danuar¥ ~ 2003
The subscriber below of the U. S. Post Office located at 5120 DerO, Street, Harrisburg, PA
17] ] ], does hereby certi)5~ that an envelope was mailed with postage prepaid by First Class Mail
from the [4/aypoint Bank addressed to Cathy S Rodgers, 22 Windy Hill Road, Newville, Pa ] 7241,
properly deposited U. S. Mai/for deliveO, this 2"(/day of Januag;, 2003.
~ $. Post Office
5] 20 Deny Street
Harrisburg, PA
~0. Box 171 I, HARRISBURfi. PENNSYLVANIA 1710~-1711
Toll f:p~ I-~36~-WAYPOINT (1-~3~_~9_7~,4~). IN YORK AREA 717/81~-Z1500
%- [~METER~ .
9962 E2~L 2000 D~h~ 2002
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:
By:
Stacy ArmstrOng
Default Manager
SHERIFF'S RETURN
CASE NO: 2003-00687 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK
VS
RODGERS ROBERT E ET AL
REGULAR
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
RODGERS ROBERT E AKA ROBERT RODGERS the
DEFENDANT
at 22 WINDY HILL ROAD
, at 1229:00 HOURS, on the 27th day of February , 2003
NEWVILLE, PA 17241
by handing to
ROBERT RODGERS
a true and attested copy of COMPLAINT - MORT FORE
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 y~ day of
~~ oT~rO/~ A.D.
; ~othonotar~ '
So Answers:
R. Thomas Kline
02/28/2003
WAYPOINTBy: BAN~
f D~puty Sheriff
- SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00687 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK
VS
RODGERS ROBERT E ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
RODGERS CATHY S AKA CATHY RODGERS the
DEFENDANT
at 22 WINDY HILL ROAD
, at 1229:00 HOURS, on the 27th day of February , 2003
NEWVILLE, PA 17241
by handing to
ROBERT RODGERS, HUSBAND
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6 00
00
00
10 00
00
16 00
Sworn and Subscribed to before
me this ~ ~ day of
~ ~g~ ~2~. ~ A.D.
ZP~othonotary -,
So Answers:
R. Thomas Kline
02/28/2003
WAYPOINTBy: BAN~
/ 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
HARRIS SAVINGS BANK
Plaintiff
VS.
No. 03-687 Civil Term
Please Time-Stamp
and Return to me.
Thank You.
ROBERT E. RODGERS
NK/A ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 20, 2003, a 10-day Default Notice in the
above-captioned matter was mailed to Defendant, Cathy S. Rodgers a/k/a Cathy
Rodgers, by regular mail, postage prepaid. A true and correct copy of the 10-day
Default Notice is attached hereto and incorporated herein by reference.
Dated: March 20, 2003
By:
Benjamin
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (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
HARRIS SAVINGS BANK
VS.
ROBERT E. RODGERS
NWA ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Plaintiff
Defendants
No. 03-687 Civil Term
TO:
Cathy S. Rodgers a/k/a Cathy Rodgers
22 Windy Hill Road
Newville, Pennsylvania 17241
DATE OF NOTICE: March 20, 2003
Dated: March 20, 2003
IMPORTANT NOTICF
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
Benjamin F. ~Riggs~ J~.~'
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 7'2030
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/WA
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
VS.
ROBERT E. RODGERS
NWA ROBERT RODGERS
CATHY S. RODGERS
NWA CATHY RODGERS
Plaintiff
Defendants
No. 03-687 Civil Term
CERTIFICATE OF SERVICF
I HEREBY CERTIFY that on March 20, 2003, a 10-day Default Notice in the
above-captioned matter was mailed to Defendant, Robed E. Rodgers a/k/a Robed
Rodgers, by regular mail, postage prepaid. A true and correct copy of the 10-day
Default Notice is attached hereto and incorporated herein by reference.
Dated: March 20, 2003
Benjamin' - '--
Riggs,
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 8154518
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
HARRIS SAVINGS BANK
VS.
Plaintiff
ROBERT E. RODGERS
A/K/A ROBERT RODGERS
CATHY S. RODGERS
A/K/A CATHY RODGERS
Defendants
No. 03-687 Civil Term
TO:
Robert E. Rodgers a/k/a Robert Rodgers
22 Windy Hill Road
Newville, Pennsylvania 17241
DATE OF NOTICE: March 20, 2003
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.
Dated: March 20, 2003
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
By:~~
Benjamin Rigg
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION-- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/KJA
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
AND HARRIS SAVINGS BANK
Plaintiff
VS.
No. 03-687-Civil Term
ROBERT E. RODGERS
NK/A ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
PRAECIPE TO ENTER JUDGMENT
To the Prothonotary:
ENTER JUDGMENT in the above case for failure to file, or enter, a timely
Answer to Plaintiff's Complaint in Mortgage Foreclosure against Robert E. Rodgers
a/k/a Robert Rodgers and Cathy S. Rodgers a/k/a Cathy 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 ..........
$140,675.20
Interest from 2/7/03 through 9/3/03
(inclusive) at $26.9698 per diem ......
$ 5,636.68
Late Charges from 2/7/03 through 9/3/03
(inclusive at $50.15 per month) ........
$ 351.05
TOTAL AMOUNT $146,662.93
with interest from September 4, 2003 at such rate or rates established by Plaintiff
pursuant to the terms of the Note currently $26.9698 per diem, from September 4, 2003,
late charges from September 4, 2003 at 5% of the monthly payment amount, currently
$50.15 per month, escrow from September 4, 2003, currently $380.67 per month,
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.
A true and correct copy of the 10-day
incorporated herein by reference.
I HEREBY CERTIFY that on March 20, 2003 a 10-day Default Notice in the
above-captioned matter was mailed to the Defendants, Robert E. Rodgers a/k/a Robert
Rodgers and Cathy S. Rodgers a/k/a Cathy Rodgers, by regular mail, postage prepaid.
Default Notices are attached hereto and
By:
DATE: April 1, 2003
Benjamlr~ F./Riggs,' ~.' ~'
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
L~ '7' ,2003 Judgment entered by the Prothonotary this day
acc[3rding to the tenor of the above statement.
' Protho~(:J~-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/WA
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
Pte~se Frae-Stamp
and Rctarn to me.
Thank You.
No. 03-687 Civil Term
ROBERT E. RODGERS
~WA ROBERT RODGERS
CATHY S. RODGERS
A/WA CATHY RODGERS
De~ndants
CERTIFICATE OFSERVICE
I HEREBY CERTIFY that on March 20, 2003, a 10-day Default Notice ihthe
above-captioned matter was mailed to Defendant, Robert E. Rodgers a/k/a Robert
Rodgers, by regular mail, postage prepaid. A true and correct copy of the 10-day
Default Notice is attached hereto and incorporated herein by reference.
Dated: March 20, 2003
Benjarr{in I~. R~'gg~, ~.~ C'
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (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
HARRIS SAVINGS BANK
VS.
Plaintiff
ROBERT E. RODGERS
A/K/A ROBERT RODGERS
CATHY S. RODGERS
A/K/A CATHY RODGERS
Defendants
No. 03-687 Civil Term
TO:
Robert E. Rodgers a/k/a Robert Rodgers
22 Windy Hill Road
Newville, Pennsylvania 17241
DATE OF NOTICE: March 20, 2003
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.
Dated: March 20, 2003
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
Benjamin I~. RiggsC,',]'r.~-'
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (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
HARRIS SAVINGS BANK
VS.
Plaintiff
ROBERT E. RODGERS
A/K/A ROBERT RODGERS
CATHY S. RODGERS
A/K/A CATHY RODGERS
Defendants
No. 03-687 Civil Term
TO:
Cathy S. Rodgers a/k/a Cathy Rodgers
22 Windy Hill Road
Newville, Pennsylvania 17241
DATE OF NOTICE: March 20, 2003
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.
Dated: March 20, 2003
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
/'/ .. ?
By: -,,,~.,~ ~:~,'~ _-~.~.
Benjamin F. fRiggs~ J~.~'
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (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. 03-687-Civil Term
ROBERT E. RODGERS
NK/A ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149
To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania.
(2)
against Robert E. Rodgers a/k/a Robert Rodgers and Cathy S. Rodgers
a/k/a Cathy Rodgers, Defendants.
(3)
and index this writ against Robert E. Rodgers a/k/a Robert Rodgers and Cathy
S. Rodgers a/k/a Cathy Rodgers, Defendants.
as a lis pendens against the real property of the Defendant as follows:
ALL that certain tract of land, with the improvements thereon erected, situate in
North Newton Township, Cumberland County, as more fully described in Exhibit A,
attached hereto and made a part hereof.
(4) Amount due $146,662.93
with interest from September 4, 2003 at such rate or rates established by Plaintiff
pursuant to the terms of the Note currently $26.9698 per diem, from September 4, 2003,
late charges from September 4, 2003 at 5% of the monthly payment amount, currently
$50.15 per month, escrow from September 4, 2003, currently $380.67 per month,
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.
Dated: Apdl 1, 2003
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania,
bounded and described in accordance with a sub-division plan prepared by Fisher Mowery & Rosendale
Assoc. /nc. as recorded in Cumberland County Plan Book 70, Page 70, as follows:
LOT No. ~: BEGINNING at an iron pin set along the dedicated right of way of S.R. 4015 (Winding Hill
Road) and property now or formerly of David L. and Mary T. Johnson, thence along S.R. 4015 (Winding
Hill Road), South 09 degrees 17 minutes 00 seconds West two hundred thirty-four and five tenths (234.5)
feet to a P.K. nail set in S.R. 4015 (Winding Hill Road); thence along Lot No. 2 on the aforementioned
subdivision plan South 84 de m,:s 33
g ~ minutes 00 seconds West three hundred and thirty-one hundredths
(300.31) feet to an iron pin set in corner of Lot No. 2 and the herein described lot; thence along common
boundary of Lot No. 2 and Lot No. 1, South 09 degrees 17 minutes 04 seconds West one hundred forty-
nine and sixty-six hundredths (149.66) feet to an iron pin set at base of fence post in land now or formerly
of Harold H. and Darlene A. Weaver; thence along lands now or formerly of Harold H. and Darlene A.
Weaver South 85 degrees 02 minutes 00 seconds West five hundred nine and two hundredths (509.02)
feet to an iron pin set in a fence post; thence continuing along lands now or formerly of Harold H. and
Darlene A. Weaver, North 24 degrees 41 minutes 55 seconds West eight hundred twenty-two and
thirteen hundredths (822.13) feet to an iron pin set in corner of lands now or formerly of Harold H and
Darlene A. Weaver and Lot No. 4 on the aforementioned Subdivision plan; thence along common
boundary of Lot No. 4 and Lot No. 1 on the aforementioned subdivision plan, North 76 degrees 41
minutes 24 seconds East eight hundred six and seventy-three hundredths (806.73) feet to an iron pin set
in common corner of Lot No. 4, Lot No. 1 and Lot No. 3 on the aforementioned subdivision plan; thence
along common boundary of Lot No. 1 and Lot No. 3, South 05 degrees 59 minutes 40 seconds East four
hundred ninety-four and seventy hundredths (494.70) feet to an iron pin set in corner of Lot No. 3; thence
along Lot No. 3 and land now or formerly of David L. and Mary T. Johnson, North 88 degrees 18 minutes
30 seconds East three hundred seventy-five and zero hundredths (375.00) feet to an iron pin set, the
point and place of BEGINNING.
BEING all of Lot No. 1 and containing 14.8159 acres.
UNDER and SUBJECT to a '/5 foot drainage easement as set forth in Plan Book -----.-_ Page_______
UNDER AND SUBJECT to the dedicated right-of-way of S.R. 4015 (Winding Hill Road).
Together with all the buildings, improvements, ways, Woods, waters, watercourses, rights, liberties,
privileges, hereditaments and apPurtenances to the same belonging or in anywise appertaining.
BEING KNOWN AND NUMBERED as 22 Windy Hill Road, Newville, Pennsylvania 17241.
BEING PAT OF THE SAME PREMISES which Kenneth L. Tuckey and Marsha A. Tuckey, by their Deed
dated July 12, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County
on July 14, 1995 in Record Book '~25, Page 118, granted and conveyed unto Robert E. Rodgers and
Cathy S. Rodgers.
Parcel No. 30-08~0593-003C
OFFICE OF THE PROTHONOTARY
Cumberland County Court House
One Courthouse Square
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6195
Robert E. Rodgers
a/k/a Robert Rodgers
22 Windy Hill Road
Newville, Pennsylvania 17241
Date:
Uo~
03-687-Civil Term
RE:
WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND
LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff
VS. ROBERT E. RODGERS A/K/A ROBERT RODGERS and CATHY S.
RODGERS NK/A CATHY RODGERS, Defendant(s)
(x)
(x)
Notice is hereby given that a judgment in the above-captioned matter has been
entered against you in the amount of $146,662.93 on ~ '7,, ,,2¢.)--~
A copy of all documents filed with the Prothonotary in support of the within
judgment is/are enclosed.
Prothonotary Civil Div./.
by: ~u~ ~ ~?~b~
--! !
If you have any questions concerning the above case, please contact the following
party~
Benjamin F. Riggs, Jr.
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
(This Notice is given in accordance with Pa.R.C.P. 236.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION-- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION No. 03-687-Civil Term
AND HARRIS SAVINGS BANK
Plaintiff
VS.
ROBERT E. RODGERS
NK/A ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Waypoint Bank, f/ida 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
22 Windy Hill Road
Newville, Pennsylvania 17241
1. Name and address of Owner(s) or Reputed Owner(s).
Name
Robert E. Rodgers
a/Ida Robed Rodgers
Address
22 Windy Hill Road
Newville, Pennsylvania 17241
Cathy S. Rodgers
a/k/a Cathy Rodgers
22 Windy Hill Road
Newville, Pennsylvania 17241
2. Name and address of Defendant(s) in the Judgment:
Name
Robert E. Rodgers
a/k/a Robert Rodgers
Address
22 Windy Hill Road
Newville, Pennsylvania 17241
Cathy S. Rodgers
a/k/a Cathy Rodgers
22 Windy Hill Road
Newville, Pennsylvania 17241
Name
NA
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)
NA
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
Manufacturers Traders
Trust Co.
Address (if address cannot be reasonably
ascertained, please do indicate)
P.O. Box 1711
Harrisburg, PA 17105-1711
ATTN: IL Servicing, 4th Floor
One Fountain Plaza
Buffalo, New York 14203
Name
NA
Name(s) and address of every other person who has any record lien on
their property:
Address (if address cannot be reasonably
ascertained, please do indicate)
NA
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, Pennsylvania 17013
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:
Name
NA
Address (if address cannot be reasonably)
ascertained, please do indicate
NA
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: April 1, 2003
By:
Benjamin F. iggs, Jr. '
Attorney for Plaintiff
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. 03-687-Civil Term
ROBERT E. RODGERS
NK/A ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2
TO:
Robert E. Rodgers
a/k/a Robert Rodgers
22 Windy Hill Road
Newville, Pennsylvania 17241
Cathy S. Rodgers
a/k/a Cathy Rodgers
22 Windy Hill Road
Newville, Pennsylvania 17241
TAKE NOTICE:
That the Sheriffs Sale of Property (real estate) will be held on September 3,
2003, in the SHERIFF'S OFFICE, Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013 at 10:00 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:
22 Windy Hill Road
Newville, Pennsylvania 17241
THE JUDGMENT under or pursuant to which your property is being sold is
docketed to 03-687-Civil Term.
THE NAME OF THE OWNER(S) or REPUTED OWNER(S) OF THIS
PROPERTY IS/ARE:
ROBERT E. RODGERS NK/A ROBERT RODGERS and CATHY S.
RODGERS NK/A CATHY 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, One Courthouse
Square, Carlisle, Pennsylvania 17013.
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:
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. 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, One Courthouse Square, Carlisle, Pennsylvania 17013, before
presentation of the petition to the Court.
By:
DATE: April 1,2003
Benjam~ Jr'~
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania,
bounded and described in accordance with a sub-division plan prepared by Fisher Mowery & Rosendale
Assoc. Inc. as recorded in Cumberland County Plan Book 70, Page 70, as follows:
LOT No. 1: BEGINNING at an iron pin set along the dedicated right of way of SR. 4015 (Winding Hill
Road) and property now or formerly of David L. and Mary T. Johnson, thence along S.R. 4015 (Winding
Hill Road), South 09 degrees 17 minutes 00 seconds West two hundred thirty-four and five tenths (234.5)
feet to a P.K. nail set in S.R. 4015 (Winding Hill Road); thence along Lot No. 2 on the aforementioned
subdivision plan South 84 degrees 33 minutes 00 seconds West three hundred and thirty-one hundredths
(300.31) feet to an iron pin set in corner of Lot No. 2 and the herein described lot; thence along common
boundary of Lot No. 2 and Lot No. 1, South 09 degrees 17 minutes 04 seconds West one hundred forty-
nine and sixty-six hundredths (149.66) feet to an iron pin set at base of fence post in land now or formerly
of Harold H. and Darlene A. Weaver; thence along lands now or formerly of Harold H. and Darlene A.
Weaver South 85 degrees 02 minutes 00 seconds West five hundred nine and two hundredths (509.02)
feet to an iron pin set in a fence post; thence continuing along lands now or formerly of Harold H. and
Darlene A. Weaver, North 24 degrees 41 minutes 55 seconds West eight hundred twenty-two and
thirteen hundredths (822.13) feet to an iron pin set in corner of lands now or formerly of Harold H and
Darlene A. Weaver and Lot No. 4 on the aforementioned subdivision plan; thence along common
boundary of Lot No. 4 and Lot No. 1 on the aforementioned subdivision plan, North 76 degrees 41
minutes 24 seconds East eight hundred six and seventy-three hundredths (806.73) feet to an iron pin set
in common corner of Lot No. 4, Lot No. 1 and Lot No. 3 on the aforementioned subdivision plan; thence
along common boundary of Lot No. I and Lot No. 3, South 05 degrees 59 minutes 40 seconds East four
hundred ninety-four and seventy hundredths (494.70) feet to an iron pin set in corner of Lot No. 3; thence
along Lot No. 3 and land now or formerly of David L. and Mary T. Johnson, North 88 degrees 18 minutes
30 seconds East three hundred seventy-five and zero hundredths (375.00) feet to an iron pin set, the
point and place of BEGINNING.
BEING all of Lot No. 1 and containing 14.8159 acres.
UNDER and SUBJECT to a 15 foot drainage easement as set forth in Plan Book__ Page__
UNDER AND SUBJECT to the dedicated right-of-way of S.R. 4015 (Winding Hill Road).
Together with all the buildings, improvements, ways, woods, waters, watercourses, rights, liberties,
privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining.
BEING KNOWN AND NUMBERED as 22 Windy Hill Road, Newville, Pennsylvania 17241.
BEING PAT OF THE SAME PREMISES which Kenneth L. Tuckey and Marsha A. Tuckey, by their Deed
dated July 12, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County
on July 14, 1995 in Record Book 125, Page 118, granted and conveyed unto Robert E. Rodgers and
Cathy S. Rodgers.
Parcel No. 30-08-0593-003C
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. 03-687-Civil Term
ROBERT E. RODGERS
NK/A ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
NOTICE PURSUANT TO PA. R.C.P. 3129.2
NOTICE IS HEREBY GIVEN to the following parties who hold one or more
mortgage, judgment or tax liens against the real estate of Robert E. Rodgers a/k/a
Robert Rodgers and Cathy S. Rodgers a/k/a Cathy Rodgers.
Cumberland County Tax Claim Bureau
South Hanover and High Streets
Carlisle, Pennsylvania 17013
Manufacturers Traders Trust Co.
ATTN: IL Servicing, 4th Floor
One Fountain Plaza
Buffalo, New York 14203
You are hereby notified that on September 3, 2003 at 10:00 A.M., prevailing
local time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of
Cumberland County, Pennsylvania, on the judgment of Waypoint Bank, f/k/a York
Federal Savings and Loan Association and Harris Savings Bank vs. Robert E.
Rodgers a/k/a Robert Rodgers and Cathy S. Rodgers a/k/a Cathy Rodgers, No. 03-
687-Civil Term the Sheriff of Cumberland County, Pennsylvania will expose at Public
Sale in the Court House, One Courthouse Square, Carlisle, Pennsylvania 17013,
County of Cumberland real estate of Robert E. Rodgers a/k/a Robert Rodgers and
Cathy S. Rodgers a/k/a Cathy Rodgers and numbered as 22 Windy Hill Road,
Newville, Pennsylvania 17241 (Cumberland County). A description of said real estate
is hereto attached.
You are further notified that a Proposed Schedule of Distribution will be filed by
the Sheriff of Cumberland County on October 3, 2003, and distribution will be made in
accordance with the Schedule unless exceptions are filed thereto within ten (10) days
thereafter.
You are further notified that the lien you hold against said real estate will be
divested by the sale and that you have an opportunity to protect your interest, if any,
by being notified of said Sheriff Sale.
By:
DATE: April 1, 2003
Benjamin ggs, J
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania,
bounded and described in accordance with a sub-division plan prepared by Fisher Mowery & Rosendale
Assoc. Inc. as recorded in Cumberland County Plan Book 70, Page 70, as follows:
LOT No. 1: BEGINNING at an iron pin set along the dedicated right of way of S.R. 4015 (Winding Hill
Road) and property now or formerly of David L. and Mary T. Johnson, thence along S.R. 4015 (VVinding
Hill Road), South 09 degrees 17 minutes 00 seconds West two hundred thirty-four and five tenths (234.5)
feet to a P.K. nail set in S.R. 4015 (Winding Hill Road); thence along Lot No. 2 on the aforementioned
subdivision plan South 84 degrees 33 minutes 00 seconds West three hundred and thirty-one hundredths
(300.31) feet to an iron pin set in corner of Lot No. 2 and the herein described lot; thence along common
boundary of Lot No. 2 and Lot No. 1, South 09 degrees 17 minutes 04 seconds West one hundred forty-
nine and sixty-six hundredths (149.66) feet to an iron pin set at base of fence post in land now or formerly
of Harold H. and Darlene A. Weaver; thence along lands now or formerly of Harold H. and Darlene A.
Weaver South 85 degrees 02 minutes 00 seconds West five hundred nine and two hundredths (509.02)
feet to an iron pin set in a fence post; thence continuing along lands now or formerly of Harold H. and
Darlene A. Weaver, North 24 degrees 41 minutes 55 seconds West eight hundred twenty-two and
thirteen hundredths (822.13) feet to an iron pin set in corner of lands now or formerly of Harold H and
Darlene A. Weaver and Lot No. 4 on the aforementioned subdivision plan; thence along common
boundary of Lot No. 4 and Lot No. 1 on the aforementioned subdivision plan, North 76 degrees 41
minutes 24 seconds East eight hundred six and seventy-three hundredths (806.73) feet to an iron pin set
in common corner of Lot No. 4, Lot No. 1 and Lot No. 3 on the aforementioned subdivision plan; thence
along common boundary of Lot No. 1 and Lot No. 3, South 05 degrees 59 minutes 40 seconds East four
hundred ninety-four and seventy hundredths (494.70) feet to an iron pin set in corner of Lot No. 3; thence
along Lot No. 3 and land now or formerly of David L. and Mary T. Johnson, North 88 degrees 18 minutes
30 seconds East three hundred seventy-five and zero hundredths (375.00) feet to an iron pin set, the
point and place of BEGINNING.
BEING all of Lot No. 1 and containing 14.8159 acres.
UNDER and SUBJECT to a 15 foot drainage easement as set forth in Plan Book ~ Page
UNDER AND SUBJECT to the dedicated right-of-way of S.R. 4015 (Winding Hill Road).
Together with all the buildings, improvements, ways, woods, waters, watercourses, rights, liberties,
privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining.
BEING KNOWN AND NUMBERED as 22 Windy Hill Road, Newville, Pennsylvania 17241.
BEING PAT OF THE SAME PREMISES which Kenneth L. Tuckey and Marsha A. Tuckey, by their Deed
dated July 12, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County
on July 14, 1995 in Record Book 125, Page 118, granted and conveyed unto Robert E. Rodgers and
Cathy S. Rodgers.
Parcel No. 30-08-0593-003C
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. 03-687-Civil Term
ROBERT E. RODGERS
NK/A ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
Commonwealth of Pennsylvania
County of York
AFFIDAVIT OF NON-MILITARY SERVICE
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 Defendants, Robert E. Rodgers a/ida Robert Rodgers
and Cathy S. Rodgers a/Ida Cathy Rodgers's, last-known address is 22 Windy Hill
Road, Newville, Pennsylvania 17241.
Sworn and subscribed before
me this 1st day of April, 2003
Notary Public
My Commission Expires
By:
Benjamin Jr.
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
Notarial Seal
Sandra M. Aulbach, Notary Public
City of York York County
My Commission Expires May 23, 2005
Member, Pennsylvania Association ot Notaries
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. 03-687-Civil Term
ROBERT E. RODGERS
NK/A ROBERT RODGERS
CATHY S. RODGERS
NK/A CATHY RODGERS
Defendants
Commonwealth of Pennsylvania
County of York
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 1st day of April, 2003, 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 and High Streets
Carlisle, Pennsylvania 17013
Manufacturers Traders Trust Co.
Copy of Proof of Mailing is attached hereto.
ATTN: IL Servicing, 4th Floor
One Fountain Plaza
Buffalo, New York 14203
DATE: April 1,2003
Sworn and subscribed to before me
this Ist day of April, 2003
Notary Public
My Commission Expires
By:
F~ Ri
Benjamin iggs, Jr.
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030
Notadal Seal
Sandra M. Aulbach, Notary Public
City of York, York County
My Commission Expires May 23, 2005
Member, Pennsylvania Association ot Notaries
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE--POSTMASTER
Received F .... WAYPO!NT BANK
ATTN: LEGAL DEPT.
P.O. BOX ~71~
HARRISBURG~ PA 1710
One piece of ordinary mail addressed to:
Affix fee here in stamps
or meter postage and
post mark. Inquire of
Postmaster for current
fee.
PS Form 3817, Mar. 1989
U,S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N
PROVIDE FOR INSURANCE--POSTMASTER
Received From: WAYPOINT BANK
P.O. BOX 171~
One piece of ordinary mail addressed to:
PS Form 3817, Mar. 1989
Affix fee here in stamps
or meter postage and
post mark. Inquire of
for current
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO03-687 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WAYPOINT BANK FfK/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff (s)
From ROBERT E RODGERS A/K/A ROBERT RODGERS CATHY S RODGERS A/K/A
CATHY RODGERS 22 WINDY HILL ROAD NEWVILLE PA 17241
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED
LEGAL DESCRIPTION.
(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 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 DueS146,662.93 L.L.$0.50
Interest
Atty's Comm % Due Prothy $1.00
Atty Paid $ 2.50 Other Costs Late charges from 9/04/03 at 5%
monthly payment amount currently $50.15 per month. Escrow from 9/04/03 currently $380.67 per
month.
Plaintiff Paid $133.16
Date: APRIL 7, 2003
(Seal)
REQUESTING PARTY:
Name BENJAMIN F RIGGS JR
Address: P O BOX 1711
HARRISBURG, PA 17105-1711
$~ ~ II) 72030
Attorney for: PLAINTIFF
Telephone: (717)815-4518
CURTIS R. LONG
Prothono/~x~
Deputy
RPR-l?-2805 12:57 FROM
W~¥POINT B~NK TO
wa p .n.
17172485597
P.82/82
VIA FACSIMILE
April 17, 2003
Sheriff, Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
Attn: Jody
Re: Waypoint Bank vs. Rober~ E. Rodgers a/ida Robert Rodgers and
Cathy s. Rodgers a/ida Cathy Rodgers
No. 03-657-Civii Term
Civil Action - Mortgage Foreclosure
Dear Jody:
Please cancel the referenced sale currently set for Wednesday, September 3,
2003. Mr. and Mrs. Rodgers paid $8,602.80 and brought their account current.
Two Percent (2%) of the come current figure is $172.05, which represents
poundage due you.
If you have any questions or require any add'itional information, please do not.
hesitate to contact me at (717) 815-4518.
Sincerely,
Waypoint Bank
~i',lie A. Osborn
Paralegal
RO. Box l/I I, HARRISBURa. p~NNSY~NL~ I/lOS-r/il
Toll FrEE 1-13$~-W~Y~OINT (I-865-9~9-7645) ' IN YO~J( k~O 7r//815-~SO0 ' www, wagpointbantccom
TOTRL P.82
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION--MORTGAGEFORECLOSURE
WAYPOINT BANK, F/WA
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
AND HARRIS SAVINGS BANK
Plaintiff
VS.
No. 03-687-Civil Term
ROBERT E. RODGERS
NWA ROBERTRODGERS
CATHY S. RODGERS
NWA CATHY RODGERS
De~ndants
PRAECIPE TO DISMISS AND SATISFY
Please dismiss the above-captioned case without prejudice and satisfy
the judgment that was entered on or about April 7, 2003.
Dated: May 29, 2003
Benjar~in {:. Riggs~/r'~f'
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. 72030