HomeMy WebLinkAbout03-5921IN 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. No. 03- 59 ;? / ('?,;,e Ta
JAMES C. HOOVER
LINDA L. HOOVER
Defendant(s) :
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.
LAWYER REFERRAL SERVICE OF THE
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 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. No.
JAMES C. HOOVER
LINDA L. HOOVER
Defendant(s) :
"ISO
LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de
las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte
(20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe
presentar comparecencia escrita en persona o por abogado y presentar en la Corte por
escrito sus defensas o sus objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte
puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado
an la demanda o por cualquier otra queja o compensacion reclamados por el
Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS
DERECHOS IMPORTANTES PARA LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI LISTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA
OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE OF THE
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 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.
JAMES C. HOOVER
LINDA L. HOOVER
Defendant(s) :
No. 03-5QJ-I -u-
COMPLAINT
AND NOW, comes Plaintiff, Waypoint Bank, f/k/a York Federal Savings and Loan
Association and Harris Savings Bank, by and through its attorney, Benjamin F. Riggs,
Jr., and complains of Defendant(s), James C. Hoover and Linda L. Hoover, 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. Harris Savings Bank acquired
First Federal Savings and Loan Association of Harrisburg on or about April 19, 1996.
2. The Defendant(s) are James C. Hoover and Linda L. Hoover who are
husband and wife and are adult individuals residing at 329 15th Street, New
Cumberland, PA 17070 and are the mortgagor(s) and real owner(s) of the Mortgaged
Premises located at 329 15th Street, New Cumberland, PA 17070, Cumberland County,
having acquired title by Deed dated June 29, 1979, and recorded on July 2, 1979, in the
Cumberland County, Pennsylvania, Recorder's Office in Record Book N-28, Page 39.
Mortgage
3. On or about October 6, 1995, Defendant(s) made, executed, and
delivered to Plaintiff a mortgage upon premises therein described, which Mortgage
contains a description of the premises subject to said Mortgage and was recorded on
October 11, 1995 in the Cumberland County, Pennsylvania, Recorder's Office in
Mortgage Book 1286, Page 106. A true and correct copy of said Mortgage is attached
hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit A".
Assiqnments
4. There have been no assignments of said Mortgage.
Default
5. Said Mortgage is in default because Defendants have failed to make the
monthly payments of principal and interest due and owing on their loan from September
1, 2002 through the date of filing this Complaint as required by the terms of the
Mortgage. Any payments that may have been made during this period were applied to
the delinquency balance due and owing prior to September 1, 2002.
6. Plaintiff hereby exercises its option to declare the entire amount owing
upon said Mortgage immediately due and payable in accordance with its terms and
provisions.
7. By reason of the default, the following amounts are due in accordance
with the terms of said Mortgage:
Unpaid Principal Balance
Interest from 9/1/02 to 10/2/03
(inclusive) at $5.2374 per diem
$23,895.77
$ 707.05
Late Charges from 09/1/02 to 10/2/03
(inclusive) at $61.88 per month
Attorney's Fees 5%
TOTAL AMOUNT DUE
$ 1,670.51
$ 1,250.00
$27,523.33
Compliance with Homeowners' Emerqencv 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 Plaintiffs written Notice to Defendant, a true and
correct copy of which is attached hereto as "Exhibit B"; or
(ii) Defendant's application for assistance has been rejected by the
Pennsylvania Housing Finance Agency.
Inapplicabilitv of Loan Interest and Protection Law
13. 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 seg.), as
amended, nor are notices required to be sent to Defendant(s) pursuant to said Act,
because said Mortgage is not a "residential mortgage" within the meaning of said Act.
Termination of Automatic Bankruptcy Stay
14. On or about December 3, 2001, Defendant(s) James C. Hoover and Linda
L. Hoover filed Chapter 13 bankruptcy with United States Bankruptcy for the Middle
District of Pennsylvania, which bankruptcy case was docketed to Case No. 01-06400.
15. On July 2, 2003, said Bankruptcy Court entered an Order terminating the
automatic stay arising from virtue of 11 U.S.C. § 362(a) with respect to Plaintiff, and
permitting Plaintiff to bring this action to foreclose said Mortgage. A true and correct
copy of said Order is attached hereto, made a part hereof, incorporated herein by
reference, and marked "Exhibit C".
WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan
Association and Harris Savings Bank prays for judgment in its favor and against
Defendant(s), James C. Hoover and Linda L. Hoover, in the amount of Twenty-Seven
Thousand Five Hundred Twenty-Three and 33/100 Dollars ($27,523.33), with interest
thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms
of the Installment Note, currently $5.2374 per diem, from October 3, 2003, late charges
at 5% of the monthly payment amount, currently $61.88 per month from October 3,
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: October 30, 2003 By:
Benjamin F. Riggs, Jr.
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct
to the best of my knowledge, information, and belief. I further verify that I am a Default
Specialist 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 unswom falsification to authorities.
WAYPOINT BANK
Dated: lel-3U/03
Barbara L. Hous older
Default Specialist
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MORTGAGE
THIS MORTGAGE is made this .. b...... day of ...QClob.er .........................................
19 ..95.. , between the Mortgagor, .. James, .C.. )',o9ye.r , amt WnAa . L....Hoov.er, . B/W ................. .
.........................
....... . ........................ (herein "Borrower"), and the Mortgagee. FIR.ST FEDE.RAL.SAV. ..INGS
AND LOAN ASSOCIATION OF HARRISBURG a corporation organized and
...............................................
existing under the [aws of .... ThP Commonwealth of Pennsylvania . . . . . . . . ................. .
......
...............
whose address is .......... 234 N. SECOND STREET, HARRISBURG, PA 17101
................................................
........................................................................... (herein "Lender").
WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ . 51 s 00. 0-00 .... • . • • • • . • • • ..... • ,
which indebtedness is evidenced by Borrower's note dated .. October . 6, . •199.5 • • • . . and extensions and renewals
thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of the
indebtedness, if not sooner paid, due and payable on ........ November. .1•, •2005 • . • :
To SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment
of all other sums, with the interest thereon, advanced in accordance herewith to protect the security of this Mortgage;
and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage,
C umb
grant and convey to Lender the following described property located in the County of ..........erl... and ............ .
................ State of Pennsylvania:
ALL THAT CER'T'AIN PARCEL OF GROUND SITUA'T'ED IN CUMBERLAND COUNTY, NEW CUMBERLAND
BOROUGH, AS MORE PARTICULARLY SET FORTH IN EXHIBIT "A" ATTACHED HERETO.
;iOGL(;7 !'". ZILC(-E!.
RECORDER OF DEEDS
CUMBERLAND COUNTY-FA
'95 ou n 6}n 10 23
which has the address of .......,329 15th Street, New Cumberland
[Street] [City]
Pennsylvania ...... 17.07.0 ............. (herein "Property Address");
Ric Code]
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and rents, all of which shall be deemed in be and remain a part of the property covered by this Mortgage;
and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are
hereinafter referred to 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
covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to encumbrances of record.
aoBK L`?&G FAG[ j.0f,
I PENNSYLVANIA-SECOND MORTGAGE- 1/80-FNMA/FHLMC UNIFORM INSTRUMENTI A^ Form 3839 (page / of 4 pager)
?X?II ] t J9 ?i
UNIFORM COVENANT'S. Borrower and Lender covenant and agree as follows:
1. Payment of Principal a Interest. Borrower shall promptly pay due the principal and interest
indebtedness evidenced by the Note and late charges as provided in the Note.
2. Funds for Taxes and Insurance. Subject to applicable, law or a written waiver by Lender, Borrower shall pay to
Lender on tire day monthly payments of principal and interest are payable tinder the Note, until the Note is paid in
full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and
planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on
the Property, if any, plus one-twellh of yearly premium installments for hazard insurance, plus one-twelfth of yearly
premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by
Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make
such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or
deed of trust if such holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are
insuredor guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall
apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so
holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless
Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and
Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to
Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the
Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to
the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said
taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option,
either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the
Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall
due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender
may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any
Funds held by fender. 11' under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by
Lender, Lender shall apply, no later than immediately prier to the sale of the Property or its acquisition by Lender,
any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by
Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations
under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, in-
cluding Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments
and other charges, fines and impositions attributable to the property which may attain a priority over this Mortgage,
and leasehold payments or ground rents, if any.
5. Hazard 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 such other hazards as Lender
may require and in such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided,
that such approval shall riot be unreasonably withheld. All insurance policies and renewals thereof shall be in a form
acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender.
Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust
or other security agreement with a lien which has priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower that the insurance carrier oilers to settle a claim for insurance benefits, Lender is
authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property
or to the sums secured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Bur-
rower shall keep the Property in goad repair and shall not commit waste or permit impairment or deterioration of the
Property and shal' comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on it
unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the
declaration or covenants creating or governing the condominium or planned unit development, the by-laws and
regulations of the condominium or planned unit development, and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this
Mortgage, or if any action or proceeding is commenced which materially affects Lende,-'s interest in the Property,
then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including
reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage
insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to
maintain such insurance in effect until such time as the requiienient for such insurance terruinates in accordance with
Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall
become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other
terms of payment, such amounts shall be payable upon notice front Lender to Borrower requesting payment thereof.
Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.
8. Inspection. Lender may make or cause to be matte reasonable entries upon and inspections of the Property,
provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor
related to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are
hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agree-
ment with a lien which has priority over this Mortgage.
BDI1K .,O l PAGE 107 Form 3839 Q,ayr 2 of 4pgge,l
10. Borrower Not Released: Forbearance By Ie:nder Not a Waiver. Extension of the timc for payment or
modification of amortizatio L urns secured by this Mortgage grant y rider to any successor in interest of
Borrower shall not operate to release, in any manner, the liability of the ongmal Borrower and Borrower's successors
in interest. Lender shall not be requited to commence proceedings against such successor or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the
original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or
remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and
several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to
mortgage, grant and convey that Borrower's interest in The Property to Lender under the terms of this Mortgage, (b) is
not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder
may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or
the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that
Borrower's interest in the Property.
12. Notice. Except for any notice required wider applicable law to be given in another manner, (a) any notice to
Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail
addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender
as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address slated herein or to
such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
13. Governing Law; Severability. 7'he state and local laws applicable to this Mortgage shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to
this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law,
such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the
conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used
herciu, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or
limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time
of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita-
tion, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option,
may require Borrower to execute and deliver to Tender, in a form acceptable to Lender, an assignment of any rights,
claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with
improvements made to the Properly.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of (lie 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 Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of riot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may in-
voke any remedies permitted by this Mortgage without further notice or demand on Borrower.
NON-UNIFORNI COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in (his Mortgage,
including the covenants to pay when due any suns secured by this Mortgage, Lender prior to acceleration shall give
notice to Borrower as provided by applicable law specifying, among other things: (1) lire breach; (2) the action required
to cure such breach; (3) a dale, not less than 30 days From the dale the notice is mailed (o Borrower, by which such
breach must be cured; and (4) that failure to cure such breach nn or before the dale specified in the notice may result in
acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Properly. Ilse
notice shall further inform Borrower of the right to reinstate after acceleration and the right (a assert in lire foreclosure
proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach
is riot cured on or before lire date specified in the notice, Leader, of Lender's option, may declare all of the sums secured
by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by
judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not
limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage
due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mort-
gage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other
sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and
the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of
Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the
covenants and agreements of Borrower contained fn this Mortgage, and in enforcing Lender's remedies as provided in
paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) RorrOwer takes such action as
Lender may reasonably require to assure that the lien of [his Mortgage, Lender's interest in the Property and Borrower's
obligation to pay tine sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Bor-
rower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had
occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under
paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due
and payable.
Upon acceleration tinder paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by
judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect
the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to
payment of the costs of management of the Property and collection of rents, including, but riot limited to, receiver's fees,
premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender
1')14, orrr -i f1k Fnrn, ix19 lrrrvr 7 ,f4r,PeO
and the receiver shall be liable to account only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without
charge to Borrower. Borrower shall pay all costs of recordation, if any.
21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the
Note or in an action of mortgage foreclosure shall be the rate stated in the Note.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has
priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any
d fault under the superior encumbrance and of any sale or other foreclosure action.
N WITNESS WHEREOF, Borrower has executed this Mortgage.
s- l `3-
/ .... -?
ones C Hoover II`l -eoaower
Linda L. Hoover, H/14
-Boaower
I hereby certify that the precise address the Lender (Mortgagee) is:, . ............................ ......
... , . , 234 Nclrt ,Second . ree ILanz' S )ur PA ..1710.1.. .
..............
Onbehall"ci Lender / ..... 'tle:. SiS.Lant,Vice.P.reaident.....
COMMONWEALTH OF PENNSYLVANIA, ....Dauph.i.n ................ County ss:
On this, the ...........6.Lh ......... day of ...Oc tober ...................... . 19 .. 95. , before me,
.... The. Notary. Pub.Lic ................................. the undersigned officer, personally appeared
....James..C_.Hoover. and Linda. I_ Hoover.,.H/W ..........................................
known to me (or satisfactorily proven) to be I e person whose name .. , are subscribed to lire within
instrument and acknowledged that ...... t.t. executed the same for the purposes
............................
herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official sea]
My Commission expires:
`C
Titleof Officer
ii .
fJ01AR1;1L fifAL _-
VUr10Y L 110.7d11
. hl?i,:.l?? Public
mpHill, Iurnl,.l'ren tmn„
[d y
l0lili li Y IfiS f 1 I!i93
(Space Below This Line Reserved For Lender and Recorder)
?0o 1.' fi fncE IM
Form 3839 Q,age 4 of 4 pager)
r-Id -J51T;u 8:?3
CREDIT BUREAU 01- I16G
I, h% NU: (! !Z:?3 III)
I /)/)
LEGAL DESCRIPTION OF 329 15TH STREET, NEW CUMBERLAND PA
U
ALL'THAT CERTAIN lot„ar tract of end piasta In the Borough of New Cumberland, _ LL
County of DUmharimnd and 5tote ?r Fannsy;Y%MIAp more partivuleirly hounded
k and deecribad as follows according-to a duzuey or D.F, Flprrgneporger (49,29)
dated March k, 1e74, to wit: i
I 9tUTNNiNG nt a point an the NDrthern aide of 15th Street paid point d41ng 670,8
feet woet of Brldgs Btreat; thence extending along 1Sth Street $outh 68 depraee
sst 9C F;at io ii cornea of loot numbar,30 on the h6rainafiar mentioned pion
cr lots; thetice along lot number 30 north 28 dagrses Weat 195 foot to a point
:;•?, a cornsrJ thence North 62 degrees East 50 feet to a paint a corner; thanos
axtending through lot number 91 on A
id
l
s
th E8
t
p
an
m
ou
deg
aos Edet 195 rent to
the point mad place of 8EGINNING.
;l• I 8EIN3 A port of lot number 31 section E Plmn of Hillsida ae recorded in 'he
Cumberland County Recorder's Office in Plan Cook 'I, Page 75,
HAVING tharaon erected a two' story frams dwelling and detoohed frame gerogs
known as 929 15th Street,
BEING THE SAME PREMISE'S WHICH IOHN O OSGOOD AND SUSAN C OS'0007), HIS WIFE
BY DEED IH BOOK N ?S, PAGE 39, DATED JUNE 29, 1919 AND RECORDED JULY' 2, 1979
TN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOP CUMBERLAND COUNTY,
GRANTED AND CONVEYED UNTO JAMES C HOOVER AND LINDA L.HOOVER, HIS WIF`,
it For.-nnsY1vania SS
of Gitsnberiand of j}F
c ti in the office for the recolding
21 P
end 1?K sumbPrland CPege
VoT.J?-
c F?on 0
mo hand al of (0
1q
rv, 1 rN this day --- ; _
Cord
(?
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6t1UKl?,' G FAGE 1-11)
`y Alayp®IEit
July 14, 2003
ACT 91 & ACT 6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortoaoe on vour home is in default, and the lender intends
to foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM WEMAPI may be able to help to
save vour home. This notice explains how the pro?jram works.
To see if HEMA-P can help. You must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with You when
you meet with the Counseling A--encv.
The name.. address and phone number of Consumer Credit Counseling Agencies
serving vour County are listed at the end of this Notice. If you have any questions. you may
call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with
impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to
help explain it. You may, also want to contact an attorney in your area. The
local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SIT CASA. SI NO COMP'RENDE EL CONTENIDO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCN? SIN CARGOS AL
NUAIERO MENCIONADO ARRIBA. PUE DES SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CU_AL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMIR SU HIPOTECA.
P.C. Box 1711, HARRiseurG. PENNSYNANIA 1710S-1711
Toll FfEE i-866-WAYPOINT (1-866-949-7646) - 44 Yow, AREA 717/815-4500 www.wauoointbank. rnm
HOMEOWNER'S NAME (S): _James C Hoover AKA James C Hoover Sr_
PROPERTY ADDRESS: _329 15"' Street, New Cumberland, Pa 17070_
MAILING ADDRESS: _329 15'x' Street, New Cumberland, Pa 17070_
LOAN ACCT.NO.: 162233804
ORIGINAL LENDER: First Federal Savinos and Loan Association
CURRENT LENDER/SER\rICER: Waypoint Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAI(E FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed
at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated
consumer credit counseling agencies for the county in which the property is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE---Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of your
default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply
for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you
must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one
of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION'---Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During
that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set
forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT. (If you have tiled bankruptcy you can still apply for Emergency Mortgage Assistance.)
i'viORTGAGE ?Er iiiL T (Bring it up to datel.
HOW T O C'u RE i O UIZ
NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property
located at: _ 329 15"' Street, New Cumberland, Pa 17070_
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: _A payment of $395.35 due for September 2002 then payments of
$615.77 due each for the months of October, November and December 2003, January, February, March.
April, May, June and Jul), 2003. _
B. Other charges: _Late Charge $1,546.75
TOTAL AMOUNT P ASTDUE: _$8.129.53_
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION:
HOW TO CURE THE DEFAULT---You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS
$5,129.53 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check,
certified check or money order made Davable and sent to:
Wavuoint Bank
449 Eisenhower Boulevard
Harnsbura. Pa 17111
IF YOU DO NOT CURE THE DEFAULT---If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This
means that the entire outstanding balance of this debt will be considered due immediately and you may lose
the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon vour mortgaged propertv.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period. von will not be
required to pal, attornev's fees.
OTHER LENDER REMEDIES---The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to
cure the default and prevent the sale at anv time up to one hour before the Sheriffs sale. You may do so by
paving the total amount then past due, phis anv late or other charges then due, reasonable attomev's fees and
costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified
in writing by the lender and by performine anv other requirements under the mortgage. Curin; your
default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE--.It is estimated that the earliest date that such a
Sheriff s Sale of the mortgaged property could be held would be approximately four months from the
date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contracting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Waypoint Bank
Address: 449 Eisenhower Blvd.. Harrisburg. PA 17I 11
Phone number: (717) 909-2710 or 1-866-939-7646 ext. 2710
Fax Number: (717) 909-2780
Contact Person: Tara Porter-Trowbridge
EFFECT OF SHERIFF'S SALE---You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE---You _may or Y, may not (CHECK ONE) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY ILSVE TO SUCH
ACTION BY THE LENDER.
TO SEED PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
ICv1c?_I
Tara Porter-Trowbridge
Collection Counselor III
TPTinek
If funds are received and negotiated in less than
the, total amount due including legal fees and costs;
Waypoint Dank reserves the right to return the
funds to you and continue with legal proceedings
pending receipt of the total amount due.
a B14 t
A N K
LOOK FOP. US. WE'LL GET YOU THERE.
CUMBERLAND 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 3`d Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. Gtr, Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, Pa 17104
(717) 232-9757
FAX (717) 234-2227
YWCA of Carlisle
301 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St.
Gettvsburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
P.O. D OX MI. "ARMSElR6.
Todd Fr=_e {-866-?11/A/PDIN- (i-Boc-S?°_--7o4e) ird YORI: ARe?. ?i7 /8' -450x. wwmr.waypointbanic.com,
JPJIWayppint
July 14, 2003
The subscriber below of the U. S. Post Office located at 5120 Deny Street, Harrisburg, PA
17111, does hereby certifi, that an envelope was mailed with postage prepaid by First Class Mail
fi-orri the 6Payponrt Bank addressed to James C Hoover AKA James C Hoover Sr, 329 15t1i Street,
be"rluiiCi, !T'a i 7 vi v, ro e"ri'% ae osi ea i?'. ,?. [hail 'ur iiefi'vei V t1iiS 1 °7 1' dal' o ?ili '00J.
f f J f J J
20-
U. S. Post Office
By 5120 Deny Street
Harrisburg PA
P,O. BOX 1711, HARRISBURG, PENNSYLVANIA 17105-1711
TOII FPEE 1-866-WAYPOINT (1-866-929-7646) - IN YORK AREA 717/85-4500 - www.waunointbanlccom ?.(`
?`I ??li?q:ffa7aliri)Jr?Y?Y.IFY.'IXNYla)P?
¦ Complete items 1, 2, and 3. Also complete A. Signature
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item 4 if Restricted Delivery is desired. 9ent
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so that we can return the card to you. I
B. Receiv
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D. Is delivery address different from item 1? ? Yes
1. Article Addressed to: If YES, enter delivery address below: ? No
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ERR:K
July 14, 2003
ACT 91 & ACT 6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default, and the lender intends
to foreclose. Specific information about the nature of the default is provided in the attached panes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to
save vour home. This notice explains how the program works.
To see if HEMAP can help, you must MEET Vi7ITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with von when
you meet with the Counselina. AQencv.
The name, address and phone number of Consumer Credit Counseling Agencies
serving Your Countv are listed at the end of this Notice. If you have anv questions, von may
call the Pennsvlvania Housing Finance A?Zencv toll free at 1-800-343-2397. (Persons with
impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Cousumer Credit Counseling Agency may be able to
help explain it. You may also want to contact an attorney in your area. The
local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA INIPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVTENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDITAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMA.DO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMIR SU HIPOTECA.
P0. BOX 1711. HARRISBURG, PCNNS LVANIA M05-1711
Toll EPEE I-866-WAYPOINT (I-866-525-7646) IN YORI( AREA 717!SIS-4S00 ' wwwwauPolntbankcom
HOMEOWNER'S NAME (S): -Linda W Hoover_
PROPERTY ADDRESS: _329 15o' Street, New Cumberland, Pa 17070
MAILING ADDRESS: 329 15o' Street, New Cumberland, Pa 17070_
LOAN ACCT.NO.: 162233804
ORIGINAL LENDER: First Federal Savinu.s and Loan Association
CURRENT LENDER/SERVICER: Wavpoint Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
TEMPORARY STAY OF FORECLOSURE---Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed
at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE_
YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES---If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated
consumer credit counseline agencies for the cotmn' in which the proper, 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 inm2ediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of your
default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply
for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you
must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one
of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAX' PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION---Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During
that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set
forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR iv7vRi'GAGE DEFAi LT (isrinQ it up to date).
NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property
located at: _ 329 15'?' Street, New Cumberland, Pa 17070
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: _A payment of $395.38 due for September 2002 then payments of
$618.77 due each for the months of October, November and December 3003, January, February, March,
April, May, June and Jul), 2003. _
B. Other charges: -Late Charge $1,546.75
TOTAL AMOUNT PASTDUE: _$8,129.83_
YOU HAVE FAILED TO TAI<'.E THE FOLLOWING ACTION:
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$8,139.53 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check.
certified check or monev order made uavable and sent to:
Waynoint Bank
449 Eisenhower Boulevard
Harisbnre. PP ''" 11
IF YOU DO NOT CURE THE DEFAtTLT--If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to exercise its rights to accelerate the mortaaee debt. This
means that the entire outstanding balance of this debt will be considered due immediately and you may lose
the chance to pay the mortgage in monthly installments. If Rill payanent of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon vour mortmed propertv.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, von will not be
required to pav attornev's fees.
OTHER LENDER REMEDIES---The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at anv time up to one hour before the Sheriff's sale. You may do so by
paving the total amount then past due, plus anv late or other charges then due, reasonable attomev's fees and
costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified
in writing by the lender and by performing anv other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE---It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately four months from the
date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contracting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Wavpoint Banlc
Address: 449 Eisenhower Blvd.. Harrisburg, PA 17111
Phone number: (717) 909-2710 or 1-866-939-7646 ext. 2710
Fax Number: (717) 909-2780
Contact Person: Tara Porter-Trowbridge
EFFECT OF SHERIFF'S SALE---You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE---You may or X may not (CHECK ONE) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior 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 PAYOFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR, DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
Tara Porter-Trowbrid<ae
Collection Counselor III
TPT/nek
If funds are received and negotiated in less than
the total amount due including legal fees and costs;
Waypoint Bank reserves the right to return the
funds to you and continue with legal proceedings
pending receipt of the total amount due.
a pp- r ,
LOOT: FOR US. WE'LL GET YOU THERE.
CUMBERLAND 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 3`d 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 Comm of the Capital Region
1514 Derry Street
Harrisburg, Pa 17104
(717) 232-9757
FAX (717) 234-2227
YWCA of Carlisle
301 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
RC. S3c,: S7f 5, H:,aR?ssurte. Rerars.c?:,rou SOS-5714
Toli Free 4-85E-VVAYPOINT (k-.SGc-S?S-'• 64Ci Ih YORK LAREF. 71 /SI_-4SOC www.waLipointban1-.eom
wj Wayp i Kt
July 14, 2003
Vie subscriber below of the U. S. Post Office located at 5120 Deny Street, Harrisburg, PA
17111, does hereby certify that an envelope was mailed with postage prepaid by First Class Mail
fi-om the YVavpoint Bank addressed to Linda 1V Hoover, 329 15`)' Street, New Cumberland, Pa
17070, properly aepuslted v. S. 1llazej?br ceeeWe7_ tI 1b 1 • eeuy of July, ? '6'0 2
1.
U. S. Post Office
A)?:
5120 Derv Street
Harrisburg, PA
20",
P.O. BOX 171 1. HARRISBURG. PeNN5YLVANIA 171OS-1711
"?1Y
Toll Free I-866-WAYPoINT (1-866-929-7646) - IN YORI<AReA 717/815-4500 www.waLlpointbank.corn
?.'f ? ? I /1 ?Ci?/IUPiIJY?'Y?YCIb'f?9XNY!/lA_ ?X/OriIJR.3I?YC/FY.YaNY!/70?/ID/:]?Itr/tla'?
¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ``'' A ent
¦ Print your name and address on the reverse -? rti i'- 5,1:'500,V ddrese
so that we can return the card to you, B. Received by (Printed Nam I C. D??Gat111e of QO?
¦ Attach this card to the back of the mailplece, L?r a- lY1T°_ ?? 141 toy 9 2
or on the front if space permits.
D. Is delivery address different from item 77 ? Yes
1. Article Addressed to: If YES, enter delivery address below: 0 No
). ?dt G'U - ?LO' °
329 SiYPe
3 S celypeMail 13 d eR&6TR}CTE
Certifie
Return Rpyerpt
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LL( LJK / ? Insured Mail ? C.O.D. ?.JrLlfof u L 1 4?
?7o7d 4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer froms 7002 3150 0003 3?07 3656
PS Form 3811, August 2001 Domestic Return-Receipt
102595-02-M-154
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
In Re:
JAMES C. HOOVER
LINDA L. HOOVER, Debtors
WAYPOINT BANK F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND,
HARRIS SAVINGS BANK
Movant
VS.
JAMES C, HOOVER
LINDA L. HOOVER
Respondents
ORDER
FILED HAr PIABURG
JUL - 2 2003 jn;1?
1?
C!erk, U.S. Bnnkruntcy Court
No. 01-06400
CHAPTER 13
PROCEEDING
AND NOW, this ? day of 2003, in consideration of Movant
Waypoint Bank's Motion for Relief from Automatic Stay and Debtors' fa+ +r4=tz ftlean
answer er-objeetion to said Motion in-a=timely-Manner, and this Court being satisfied
that Movant is entitled to the requested relief, IT IS HEREBY ORDERED that the
automatic stay in this matter as it applies to Waypoint Bank is hereby lifted to permit
York Federal to foreclose on the subject property located at 329 15'h Street, New
Cumberland, Cumberland County, Pennsylvania 17070, to otherwise enforce its rights
under its Mortgage, and to distribute the surplus proceeds, if any, to the trustee.
BY THE COURT
scanned
BANKRU C J DGE
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05921 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK FKA YORK FEDERAL
VS
HOOVER JAMES C ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
HOOVER JAMES C
the
DEFENDANT , at 1706:00 HOURS, on the 13th day of November , 2003
at 329 15TH STREET
NEW CUMBERLAND, PA 17070
LINDA L HOOVER
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
11.73
.00 II
10.00 R. Thomas Kline
.00
39.73 11/14/2003
WAYPOINT BANK
Sworn and Subscribed to before By
me this 11T day of /1 d'Ve* e,.,,_
A. D.
Pro ..tar
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05921 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK FKA YORK FEDERAL
VS
HOOVER JAMES C ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
HOOVER LINDA L
the
DEFENDANT , at 1706:00 HOURS, on the 13th day of November , 2003
at 329 15TH STREET
NEW CUMBERLAND, PA 17070
LINDA L HOOVER
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
s!!F
¢4
.00
10.00 R. Thomas Kline
.00
16.00 11/14/2003
WAYPOINT BANK
Sworn and Subscribed to before
me this / day of
oZao3 A. D.
UJJi/ Proth'anotary
By: 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.
JAMES C. HOOVER
LINDA L. HOOVER
Defendant(s) :
No. 03-5921 Civil Term
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 5, 2003, a 10-Day Default Notice in the
above-captioned matter was mailed to Defendant, Linda L. Hoover, by regular mail,
postage prepaid. A true and correct copy of the 10-Day Default Notice is attached
hereto and incorporated by reference.
Dated: December 5, 2003
By: JIX441
Benjamin F. Ri gs, Jr.
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
Plaintiff
vs.
JAMES C. HOOVER
LINDA L. HOOVER
Defendants
TO: Linda L. Hoover
329 15th Street
New Cumberland, PA 17070
No. 03-5921 Civil Term
DATE OF NOTICE: December 5, 2003
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 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.
LAWYER REFERRAL SERVICE OF THE
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street Avenue
Carlisle, PA 17013
(717) 249-3166 /?
Dated: December 5, 2003 By:_ ?4 c4'
Benjamin F. Riggs, Jr.
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
Plaintiff
vs.
JAMES C. HOOVER
LINDA L. HOOVER
Defendants
No. 03-5921 Civil Term
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 5, 2003, a 10-Day Default Notice in the
above-captioned matter was mailed to Defendant, James C. Hoover, by regular mail,
postage prepaid. A true and correct copy of the 10-Day Default Notice is attached
hereto and incorporated by reference.
Dated: December 5, 2003
By: `? 4 '0
Benjamin F. Riggs, Jr.
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
ji c
m
w
n
rr
Z,
_ i rn
L
?? N vrh
y ?
N
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.
JAMES C. HOOVER
LINDA L. HOOVER
Defendants :
No. 03-5921 Civil Term
CERTIFICATE OF SERVICE:
I HEREBY CERTIFY that on January 3, 2005, a Praecipe to Withdraw Appearance in
the above-captioned matter was mailed to Defendants, by regular mail, postage
prepaid. A true and correct copy of the Praecipe is attached hereto and incorporated by
reference.
James C. Hoover
329 15th Street
New Cumberland,
Linda L. Hoover
329 15th Street
New Cumberland,
Pennsylvania 17070
Pennsylvania 17070
James M. Bach, Esquire
352 S. Sporting Hill Road
Mechanicsburg, Pennsylvania 17050
Charles J. DeHart, III, Trustee
P. O. Box 410
Hummelstown, PA 17036
Dated: January 3, 2005
Aj? ,{ /JLt t' 1 , d
By. ,
Benjamin F. Rliggs, Jr.
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
Plaintiff
VS.
JAMES C. HOOVER
LINDA L. HOOVER
Defendants
No. 03-5921 Civil Term
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance for Benjamin F. Riggs, Jr. in the above
captioned case.
Dated: December ?6, 2004
By:
Benjamin F. Riggs, Jr.
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
C7
r_ '?
??rF S c n
?'(7 f TAI
'R E_? 'sa` _ _' L y
?.3 °G
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlaub Countp
4
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
e) 3 - ,SQ;z 1 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573