HomeMy WebLinkAbout14-4816 1
Supreme Cotial,oUPennsylvania
Count, -Common Pleas For Prothonotary Use Only:
Civil'Cov_er�Sheet Docket No:
CUMBERLAND / County l4- 0140 CiviTem
4 p
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by low or rules of court.
Commencement of Action:
S El Complaint 0 Writ of Summons Petition
0 Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
SUSQUEHANNA BANK DAVID A. RAKOCY
T Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? El Yes 0 No (check one) Ox outside arbitration limits
O
N Is this a Class Action Suit? Yes x No Is this an MDJAppeal? Yes M No
A Name of Plaintiff/Appellant's Attorney: Sharon E. Myers,Attorney
Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. if you are making more than one type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection: Credit Card ® Board of Assessment
0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections
0 Nuisance 0 Dept.of Transportation
0 Premises Liability Statutory Appeal: Other
S 0 Product Liability(does not include
E mass tort) 0 Employment Dispute:
Slander/Libel/Defamation Discrimination
0
Et
C 0 Other: 0
Employment Dispute:Other 0 Zoning Board
� Other:
T
I 0 Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
B 0 Other:
0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent Q Mandamus
0 Landlord/Tenant Dispute ®Non-Domestic Relations
Ox Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
Medical 0 Other:
0 Other Professional:
Updated 1/1/2011
0 ,
FILF�1—OFFICE
OF THE '�OTHO'isO��AR
231'i A}1C 14 P1 12: 13
CUMBERLAND COUNTY
PENNSYLVA' NIA
SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. : No. i8it
DAVID A. RAKOCY and : Civil Term
STACY L. RAKOCY,
Defendants Mortgage Foreclosure
NOTICE TO DEFEND
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
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 AN 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, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1.800.990-9108 s
717.249.3166 (!5.75 pp ATr l
�` 30q 80a
Sharon E. Myers, Esquire
PA 32111
CGA Law Firm
135 North George Street
York, PA 17404
717-848-4900
717-843-0939 (f)
smyers@cgalaw.com
SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
: No. 2014
DAVID A. RAKOCY and : Civil Term
STACY L. RAKOCY,
Defendants Mortgage Foreclosure
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, TO WIT, this 31:�{- day of July 2014, comes Plaintiff, Susquehanna
Bank, by its attorneys, CGA Law Firm, and files the within Complaint in Mortgage Foreclosure
as follows:
1. The Plaintiff, Susquehanna Bank, is a Pennsylvania corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, having a mailing address of P. O.
Box 639, Maugansville, Maryland 21767-0639.
2. The Defendants, David A. Rakocy, is an adult individual whose last known
address is 3 Grant Street, Enola, Pennsylvania 17025. The Defendant, Stacy L. Rakocy, is an
adult individual whose last known mailing address is 308 College Hill Road, Enola,
Pennsylvania 17025.
3. At all relevant times,the Defendants have been the real owners of tracts or parcels
of land with buildings and other improvements thereon located at 3 Grant Street, East Pennsboro
Township, Enola, Cumberland County, Pennsylvania(the "Property"). The Property is more
specifically described hereafter.
4. On or about June 5, 2009, in consideration of a line of credit with a credit limit of
$15,000.00, made by Plaintiff to Defendants, which funds were received by Defendants,the
Defendants, as Borrowers, executed and delivered to the Plaintiff, as Lender, a HELOC Promo
Interest Only (U70) Consumer Open-End Agreement dated June 5, 2009, (the "Agreement"), in
the principal amount of$15,000.00 (the "Principal"), and requiring the payment of interest on the
Principal initially at a rate of 2.990%per annum (the "Interest"). A true and correct copy of the
Agreement is attached hereto as Exhibit "A" and incorporated herein.
5. The Agreement obligates the Defendants to pay to Plaintiff a monthly Minimum
Payment for any Billing Cycle in which there is an outstanding balance ("Payments").' The draw
period is 10 years followed by a repayment period of 15 years. The Agreement has a maturity
date of June 5, 2034.
2
6. The payment to Plaintiffs by Defendant of, inter alfa, the Payment due under the
Agreement is secured by an Open-End Mortgage on the Property dated June 5, 2009, (the
"Mortgage"), executed, conveyed and delivered by Defendants, as Mortgagors,to Plaintiff, as
Lender. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and
incorporated herein.
7. The Mortgage was duly recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, on June 22, 2009 in Instrument No. 200920979.
8. The Defendants have failed or refused to pay the Payments due and owing for
interest for February 26, 2014 through June 26, 2014 in the amount of$920.00 and late charges
in the amount of$440.00, constituting defaults under the terms of the Mortgage. The Defendants
owe prior attorney fees for$318.00 and $55.50 for the satisfaction fee. The Defendants also owe
delinquent real estate taxes for 2012 in the amount of$1,911.92 and for 2013 in the amount of
$1,740.14,plus interest and costs until both are paid in full.
9. The Property subject to the lien of the Mortgage is described as follows:
A. LAND:
ALL those two (2) lots of land situate in Township of East
Pennsboro, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follows, to wit:
TRACT NO. 1: BEGINNING at a stake on the westerly line of
Grant Street four hundred eighty-seven and thirty-one one-
hundredths (487.31) feet measured in a southerly direction along
Grant Street, from the southerly line of Perry Street; thence in a
westerly direction at right angles to Grant Street and along lands
now or formerly of Joseph C. Bair and Jean E. Bair, his wife, one
hundred forty (140) feet to a point; thence in a northerly direction
3
in a line parallel to Grant Street and along lands now or formerly
of George J. Miller, Jr.,twenty (20) feet to a point; thence at right
angles to said line and along other lands now or formerly of
George G. Miller, Jr., one hundred forty(140) feet to a point on the
westerly line of Grant Street; thence in a southerly direction along
Grant Street twenty (20) feet to the place of BEGINNING.
TRACT NO. 2: BEGINNING at a stake on the westerly line of
Grant Street, one hundred twenty-eight and seven tenths (128.7)
feet measured in a northerly direction along said line from the
northerly line of Cumberland Road, as extended; thence in a
westerly direction at right angles to Grant Street and along other
land now or formerly of George J. Miller, Jr., one hundred forty
(140) feet to the easterly line of a fifteen foot alley; thence along
said line in a northerly direction fifty (50) feet to a stake; thence at
right angles to said alley and along the line of other property now
or formerly of George J. Miller, Jr., in an easterly direction one
hundred forty (140) feet to a stake on the westerly line of Grant
Street, which stake is 487.31 feet measured in a southerly direction
along Grant Street from the southerly line of Perry Street; thence in
a southerly direction along Grant Street fifty(50) feet to the place
of BEGINNING.
The above described parcels of land are conveyed under and
subject to the following reservations, conditions and restrictions:
1. The within described lots are residential lots and no
buildings shall be erected thereon, except a dwelling house and
accessory buildings. No business, trace or occupation of any kind
shall be carried on, on said premises, proved the same may be used
as the office for the practice of a profession.
2. No. building or structure of any kind shall be erected on said lot
within five (5) feet of the rear of any side lot line and no building or structure
shall be erected within twenty-five (25) feet of the front lot line on Grant Street.
B. IMPROVEMENTS:
All buildings and improvements erected upon the Property.
C. FIXTURES:
All fixtures attached to the Property.
4
D. PROPERTY RIGHTS:
All hereditaments, appurtenances, reversions and
remainders, rents, issues and profits therefrom.
10; The terms of the Mortgage provide that upon the occurrence of a default by the
Defendants, the Plaintiff may accelerate and demand immediate payment of all sums secured by
the Mortgage.
11. The sums presently due and payable to Plaintiff by Defendants and secured by the
Mortgage are computed as follows:
A. Unpaid Principal $14,058.04
B. Unpaid Interest through 7/2/14 $ 341.44
C. Late charges through 7/2/14 $ 440.00
D. Prior attorney fees and satisfaction $ 373.50
E. Attorney's fees (estimated) $ 2,500.00
TOTAL $17,712.98
12. The Combined Notice as required by 35 P.S. §1680.403c was sent to the
Defendants on May 6, 2014 and again on May 15, 2014 to Defendant, Stacy L. Rakocy. The
appropriate time period has elapsed since the Combined Notice was served upon the Defendants.
The Defendants have nevertheless failed to cure the said defaults. A true and correct copy of
each Notice is attached hereto as Exhibit"C" and incorporated herein.
13. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(1977), Defendants may dispute the validity of the debt or any portion thereof. If Defendants do
5
so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain
and provide Defendants with written verification thereof, otherwise, the debt will be assumed to
be valid. Likewise, if requested within thirty(30) days of receipt of this pleading, Counsel for
Plaintiff will send Defendants the name and address of the original creditor if different from
above.
WHEREFORE, Plaintiff demands judgment in the sum of$17,712.98, together with
costs and interest accruing at the rate under the Agreement, ($1.92575 per day), from the date
hereof, and demands foreclosure and judicial sale of the interests of the Defendants, in the
mortgaged Property.
CGA Law Firm
By.
SharonY. Myers, squire
PA 32111
135 North George Street
York, PA 17401
Telephone: (717) 848-4900
Facsimile: (717) 843-9039
smyers@cgalaw.com
6
VERIFICATION
I hereby affirm that the following facts are correct. The attached Complaint in Mortgage
Foreclosure is based upon information which has been furnished to counsel in the preparation of
this document. The language of the Complaint in Mortgage Foreclosure is that of counsel and
not mine. I have read the Complaint in Mortgage Foreclosure and to the extent that the same is
based upon information which I have given to counsel,it is true and correct to the best of my
knowledge,information and belief. To the extent that the content of the Complaint in Mortgage
Foreclosure is that of counsel,I have relied upon counsel in making this Verification. I hereby
acknowledge that the averments of fact set forth in the aforesaid Complaint in Mortgage
Foreclosure are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
SUSQUEHANNA BANK
By:�/ - M., .hJ................................
TYa C Kvet=z/r - Le� i CLc.)rd i nater
Dated: July,0?5 , 2014
t
LOAN NUMBER LOAN NAME ACCT. NUMBER AGREEMENT DATE INITIALS
STACY L RAKOCY 06/05/09
CREDIT LIMIT INDEX (w/Margin) INITIAL RATE MATURITY DATE LOAN PURPOSE
$15,000.00 908 WSJ 15th EFF 1st 2.990% 06/05/34 Consumer
Business Day plus
1.500%
TRANS. ACCT. DRAW PERIOD REPYMT.PERIOD PAYMENT DATE; BILLING CYCLE
NUMBER
i 10 Years 15 Years as indicated on my Monthly
periodic statement
Creditor Use Only
HELOC PROMO INTEREST ONLY (U70)
CONSUMER OPEN-END AGREEMENT
NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST
RATE.
DATE AND PARTIES. The date of this HELOC Promo Interest Only (U70) Agreement lAgreement) is June 5, 2009. The
parties and their addresses are:
LENDER:
SUSQUEHANNA BANK
1570 Manheim Pike
PO Box 3300
Lancaster, PA 17604-3300
Telephone: (800) 311-3182
BORROWER:
STACY L RAKOCY
3 GRANT STREET
ENOLA, PA 17025 0�1WtJ
DAVID RAKOCY
3 GRANT STREET' a
ENOLA, PA 17025 Nl��
1. DEFINITIONS, As used in this Agreement, the terms have the following meanings.
A. Pronouns. The pronouns "I", "me" and "my" refer to all Borrowers signing this Agreement, individually and together
with their heirs, successors and assigns; and each other person or legal entity (including guarantors, endorsers, and
sureties) who agrees to pay this Agreement. "You" and "your" refer to the Lender, any participants or syndicators,
successors and assigns, or any person or company that acquires an interest in the Line of Credit.
B. Agreement. Agreement refers to this HELOC Promo Interest Only (U70) Agreement, and any extensions, renewals,
modifications and substitutions of it.
C. Line of Credit. Line of Credit refers to this transaction generally, including obligations and duties arising from the terms
of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes,
and this Agreement.
D. Loan Account Balance. Loan Account Balance means the sum of the unpaid principal balance advanced under the terms
of this Agreement, finance charges, certain fees and charges, credit insurance or debt cancellation coverage premiums that
are due, and other amounts advanced to me or others under the terms of this Agreement.
E. Dollar Amounts. All dollar amounts will be payable in lawful money of the United States of America.
F. Billing Cycle. Billing Cycle means the interval between the days or dates of regular periodic statements. My Billing Cycle
is Monthly. My Billing Cycle ends as indicated on my periodic statement.
Consumer Open-End Agreement �y
PA14IN137026004,41700000197023060209N 01996 Bankers Systems,Inc.,St.Cloud,MN GAHIBIT Page 1
,1
G. Credit Limit. Credit Limit means the maximum amount of the principal you will permit me to owe you under this Line of
Credit, at.any one time.
H. Property, Property means any property, real, personal or intangible, that secures my performance of the obligations of
This Line of Credit.
Other important terms are defined throughout this Agreement.
2. TAX DEDUCTIBILITY. I should consult a tax advisor regarding the deductibility of interest and charges under this Line of
Credit,
3. PROMISE TO PAY. For value received, I promise to pay to you or your order, at your address, or at such other location as
you rn.ay..designate, the principal amount of $15,000.00 (Credit Limit), or so much of the Credit Limit as may be advanced
from time to time under the terms of this Agreement, plus costs, expenses and interest accruing as described in this
Agreement until this Agreement matures or this obligation is accelerated,
A. Agreement Term. This Agreement begins on the Agreement Date and continues until the Maturity Date. The Draw
Period is a period during the term of this Agreement that I may request advances. I may not request advances during the
Repayment Period, Periodic minimum payments are required during both the Draw Period and Repayment Period,
The Draw Period is 10 years, and begins on the Agreement Date. The Repayment Period will then continue for 15 years. I
may request to renew this Line of Credit at that time.
B.Advances. I can request advances by the following methods:
(1) 1 request a withdrawal in person.
(2) I request a withdrawal by phone,
(3)1 request a withdrawal by mail,
(4) 1 write a check that you have given me for this purpose
(5) Overdraft Protection Feature. This Line of Credit may be tied to a designated Checking account for check reserve
purposes, If you have designated a Checking account and the account becomes overdrawn, funds will be drawn from
this Line of Credit and deposited in the account to cover the amount of the overdraft. The funds for this purpose will
be drawn from your Line of Credit in $250.00 increments.
(6) Telephone Banking Transfers. Requesting a credit advance from your line of credit to a deposit account authorized
under your internet banking and telephone banking service with us; any request using the procedures and security
devices established for that internet or telephone banking service is agreed to be an authorized request from you.
You will make the advance by paying the amount directly to me, depositing it in a designated account, or by paying a
designated third person or account.
C. Advance Limitations. Requests for, and access to, advances are subject to the following limitations.
(1) Minimum Advance, i will only request advances that equal, or exceed 5250.00 (Minimum Advance),
(2) Advance Amount, When I request an advance, you will, subject to the limitations contained in this Agreement,
advance either the Minimum Advance, or the smallest multiple of the Minimum Advance necessary to cover my
request. For example, if my Minimum Advance is 5100.00, you will make advances for 5100.00, $200.00, $300,00,
etc. You will make the advance by one of the methods described in the Advances section. You will record the amount
as an advance and increase my Loan Account Balance.
If my request is for less than the Minimum Advance, you may, at your option, grant the request to the extent permitted
by law, However, granting the request does not mean you will be required to grant requests for less than the Minimum
Advance in the future. You always have the option to deny any such request.
13) Credit Limit. I agree not to request or obtain an advance that will cause the unpaid principal of my Loan Account
Balance to exceed the Credit Limit, I understand that you will not ordinarily grant a request for an advance that would
cause the unpaid principal of my Loan Account Balance to be greater than my Credit Limit. You may, at your option,
grant such a request without obligating yourselves to do so in the future, If i exceed the Credit Limit, I agree to pay
the amount by which the unpaid principal of my Loan Account Balance exceeds the Credit Limit immediately, even if
you have not yet billed me.
4, COMPUTATION OF FINANCE CHARGES. Finance charges begin to accrue immediately when you make an advance to me.
To figure the finance charge for each day in a Billing Cycle, you multiply the daily periodic rate by the Principal Balance of my
Loan Account Balance on that day. You then add up those daily finance charges to figure the total finance charge for that
Billing Cycle. To figure the Principal Balance for each day, you first take my Loan Account Balance at the beginning of each
day and subtract any unpaid finance charges and credit insurance or debt cancellation coverage premiums (if any) that are due.
Next, you subtract the portion of any payments or credits received that day which apply to the repayment of my debt. (A
portion of each payment I make is applied to finance charges and credit insurance or debt cancellation coverage premiums, if
any.) Then you add any new advances made that day. The final figure is the Principal Balance.
A. Periodic Rate and Annual Percentage Rate. The periodic rate used in calculating the FINANCE CHARGE is .00819178
percent per period, which corresponds to an ANNUAL PERCENTAGE RATE of 2.990 percent per annum. The annual
percentage rate includes interest and not other costs.
���
Consumer Open-End Agreement
PA14IN I 3702600441700000197023060209N 01996 Bankers Systems,inc.,St.Cloud,MN E Page 2
B. Variable Rate. The annual percentage rate may change. It will be based on the value of the Index described as Prime
Rate, being the highest such rate published in the Money Rates section of the Wall Street Journal as of the fifteenth day of
each month, to be effective on the first business day of the following month plus 1.500 percentage points. This rate will
be rounded to the nearest .001 percent. The annual percentage rate may increase if the Index rate increases. An Index
rate increase will result in an increase in the interest portion of the finance charge and it may have the effect of increasing
my periodic Minimum Payment. A decrease in the Index rate will have the opposite effect as an increase.
An Index rate increase or decrease will take effect on the first day of the billing cycle following the index change. The
annual percentage rate can increase or decrease monthly, after remaining fixed for 3 months, If the index rate changes
more frequently than the annual percentage rate, you will use the Index rate in effect on the day you adjust the annual
percentage rate to determine the new annual percentage rate. In such a case, you will ignore any changes in the Index rate
that occur between annual percentage rate adjustments.
C. Rate Change Limitations. Annual percentage rate changes are subject to the following limitations:
(1) The maximum ANNUAL PERCENTAGE RATE that can apply during the term of this Line of Credit is 18,000
percent, or the maximum annual percentage rate allowed by applicable law, whichever is less. The minimum ANNUAL
PERCENTAGE RATE that can apply during the term of this Line of Credit is 4.000 percent,
D. Preferred Rates. The stated rates are Preferred Rates reflecting a discount equal to .250 percentage points of the
corresponding ANNUAL PERCENTAGE RATE. If these rates were based on the actual market rates, the periodic rate
used in calculating the FINANCE CHARGE would be .01369863 percent per period, which corresponds to an ANNUAL
PERCENTAGE RATE of 5.000 percent per annum. These Preferred Rates are offered in consideration of my agreement
that all periodic payments will be paid pursuant to an automatic debit arrangement. If I fail to provide this consideration,
unless otherwise required by law, the corresponding annual percentage rate will, without notice, automatically increase.
The periodic rate will increase proportionately.
If I fail for any reason to make timely payments under this Agreement pursuant to the automatic debit arrangement, the
corresponding ANNUAL PERCENTAGE RATE will increase .250 percent, per annum.
A change will be effective immediately after the date I fail to meet the conditions of my arrangements with you. Such an
increase will remain in effect for the remainder of the term of this Agreement.
E. Discounted Rates. The stated rates also reflect a discount equal to 2.990 percentage points of the corresponding
ANNUAL PERCENTAGE RATE. This discount is in addition to any Preferred Rate discount that I may receive. These
Discounted Rates will be in effect until the end of the 3rd billing cycle. At that time, the rates will be subject to further
adjustments and limitations, and produce the effects described above. If these rates were based on the actual rates, the
periodic rate used in calculating the FINANCE CHARGE would be .01369863 percent per period, which corresponds to an
ANNUAL PERCENTAGE RATE of 5.000 percent per annum.
S. FEES AND CHARGES. In addition to the interest portion of the Finance Charge, i agree to pay these additional fees and
charges.
A. Remedial Charges. I agree that I will pay certain fees and charges if I don't comply with the terms of this Agreement.
(1) Late Charge. If a payment is more than 16 days late, I will be charged 10.000 percent of the Amount of Payment.
However, this charge will not be less than $20.00. 1 will pay this late charge promptly but only once for each late
payment.
6. PAYMENTS.
A. Payment Date. During the term of this Agreement, a Minimum Payment will be due by the Payment Date for any Billing
Cycle in which there is an outstanding balance on my account. My Minimum Payments will be due monthly.
B. Payment Amount. On or before each Payment Date, I agree to make a payment of at least the Minimum Payment
amount.
During the Draw Period, a Minimum Payment will equal the amount of any credit insurance or debt cancellation coverage
premiums that are due, earned fees and charges, and the greater of the following: the amount of accrued finance charges
on the last day of the Billing Cycle or $100.00.
This amount will be rounded down to the nearest $,01,
During the Repayment Period, a Minimum Payment will equal the amount of any credit insurance or debt cancellation
coverage premiums that are due, earned fees and charges, and the greater of the following: the amount of accrued finance
charges on the last day of the Billing Cycle plus ,556 percent of the Principal Balance or $100.00.
This amount will be rounded down to the nearest $.01.
C. Principal Reduction. The Minimum Payments may not fully repay the Principal Balance outstanding on my Loan Account
Balance.
D. Final Payment. At maturity, I may have to repay the entire outstanding Loan Account Balance in a single payment. At
that time you may, but are not obligated to, refinance this Line of Credit. If you do refinance this Line of Credit at maturity,
I understand that I may have to pay some or all of the closing costs normally associated with a new loan.
loommusamm-
Consumer Open-End Agreement
PAMN 1 37026004-41700000197023060209N 01996 Bankers Systems,Inc.,St.Cloud,MN Etc a Page 3
E. Additional Payment Terms. If my Loan Account Balance on a payment date is less than the Minimum Payment amount, 1
must pay only the Loan Account Balance, If I fail to make a payment, you may, but are not required to, advance money to
me to make the payment. All the terms of this Agreement would apply to such an advance. I can pay off all or part of
what I owe at any time, However, so long as I owe any amount I must continue to make my periodic Minimum Payment as
otherwise required by this Agreement unless you otherwise consent in writing in advance, which consent you agree not
unreasonably to withhold. Unless otherwise agreed or required by applicable law, payments and other credits will be
applied first to any finance charges that are due, then to credit insurance premiums that are due, then to principal that is
due, then to late charges that are due, and finally to any charges that I owe other than principal and finance charges. No
late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments
and the payment is otherwise a full payment.
7. AUTOMATIC WITHDRAWAL. I authorize you to automatically withdraw the Minimum Payment. from my Transaction
Account, Account No. 10005653927, on each Payment Date. If my Transaction Account does not have enough money in it
to make the Minimum Payment, you may, but are not required to, tend me money to make the payment. All the terms of this
Agreement will apply to such a loan. If my Loan Account Balance is less than the Minimum Payment amount, you will
withdraw only the amount necessary to reduce my Loan Account Balance to zero,
8. PERIODIC STATEMENTS. if I have an outstanding balance on my account or have any account activity, you will send me a
periodic statement at the end of each Billing Cycle, This periodic statement will reflect, among other things, credit advances,
finance charges, other charges, payments made, other credits, my previous account balance and my new account balance.
The periodic statement will also identify my Minimum Payment for the cycle and the date it is due (Payment Date),
9, CHANGING THE TERMS OF THIS AGREEMENT. Generally, the terms of this Agreement cannot be changed. 1 do, however,
agree to the changes listed here.
A. You may make changes that I agree to in writing.
B. You may make changes that unequivocally benefit me,
C. You may make changes to insignificant terms of this Agreement,
D. You may change the Index and margin if the original Index becomes unavailable. Any new index must have a historical
movement similar to the original, and together with the margin, produce a similar interest rate.
I also agree to the additional changes you may make as described elsewhere in this Agreement. You will send any notice of a
change in terms to my address listed in this Agreement. I agree to inform you of any change in my address.
10. SECURITY. The Line of Credit is secured by separate security instruments prepared together with this Agreement as
follows:
Document Name Parties to Document
Mortgage-3 GRANT STREET DAVID RAKOCY, STACY L RAKOCY
11. DEFAULT, I will be in default if any of the following occur:
A. Fraud, I engage in fraud or material misrepresentation in connection with the Line of Credit,
8. Payments. I fail to make a payment as required by this Agreement,
C. Property. My action or inaction adversely affects the Property or your rights in the Property.
12, DUE ON SALE. You may, at your option, declare the entire balance of this Agreement to be immediately due and payable
upon the creation of, or contract for the creation of, any transfer or sale of all or any part of the Property. This right is subject
to the restrictions imposed by federal law (12 C.F.R. 591), as applicable.
13. SUSPENSION OF CREDIT AND REDUCTION OF CREDIT LIMIT. You may temporarily prohibit me from obtaining additional
advances or reduce my Credit Limit during any period in which any of the following are in effect:
A. The value of the Property securing this Line of Credit declines significantly below its appraised value for purposes of this
Line of Credit;
S. You reasonably believe that I will not be able to meet the repayment requirements under my Line of Credit due to a
material change in my financial circumstances;
C. I am in default of a material obligation under this Line of Credit. I understand, that you consider all of my obligations to
be material. Categories of obligations that you consider material include, but are not limited to: my obligation to not
commit fraud or misrepresentation in connection with this Line of Credit; my obligation to meet the repayment terms of this
Line of Credit; my obligation to not adversely affect the Property or your rights in the Property; my obligation to fulfill the
terms of the instrument securing this Agreement, and any other security instruments on the Property; my obligation to
notify you; and my obligation to provide you with information;
D. Government action prevents you from imposing the annual percentage rate provided for in this Agreement;
�e�www
Consumer open-End Agreement
PA/41N13702600441700000197023060209N 01996 Bankers Systems,Inc.,St.Cloud,MN
Page 4
E. The priority of your security interest is adversely affected by government action to the extent that the value of the
security interest is less than 120 percent of my Credit Limit;
F.You are notified by a regulatory agency that continued advances constitute an unsafe and unsound practice;
G. The maximum annual percentage rate allowed under this Agreement is reached; or
H.Any one of us requests a suspension of credit privileges,
In order to reinstate my credit privileges under the original terms of this Agreement, I must send you a written request to that
effect. My credit privileges will only be reinstated if you determine that the condition which caused you to prohibit additional
extensions and/or reduce the Credit Limit no longer exists. If appraisal or credit report fees are incurred in making this
determination, you may (if allowed by applicable law) charge me such fees. If credit privileges were suspended at my request,
they need not be reinstated unless all Borrowers request reinstatement.
14. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice
of acceleration, notice of intent to accelerate and notice of dishonor.
A. Additional Waivers By Borrower, in addition, I, and any party to this Agreement and Line of Credit, to the extent
permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on
these actions or based on the status of a party to this Agreement,
(1) You may renew or extend payments on this Agreement, regardless of the number of such renewals or extensions.
(2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer.
(3) You may release, substitute or impair any Property securing this Agreement.
(4) You, or any institution participating in this Agreement, may invoke your right of set-off.
(5) You may enter into any sales, repurchases or participations of this Agreement to any person in any amounts and I
waive notice of such safes, repurchases or participations.
(6) 1 agree that any of us signing this Agreement as a Borrower is authorized to modify the terms of this Agreement or
any instrument securing, guarantying or relating to this Agreement.
B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights,
remedies, privileges or right to insist upon my strict performance of any provisions contained in this Agreement, or other
Line of Credit documents, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by
you.
15. REMEDIES. After I default, and after you give any legally required notice and opportunity to cure the default, you may at
your option do any one or more of the following.
A. Termination & Acceleration. You may terminate this Line of Credit and make all or any part of the amount owing by the
terms of this Agreement immediately due.
B. Advances. You may temporarily or permanently prohibit any additional advances.
C. Credit Limit. You may temporarily or permanently reduce the Credit Limit.
D. Additional Security. You may demand security, additional security, or additional parties to be obligated to pay this
Agreement.
E. Sources. You may use any and all remedies you have under state or federal law or in any instrument securing this
Agreement.
F. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on my
default.
G. Payments Made On My Behalf. Amounts advanced on my behalf will be immediately due and may be added to the
balance owing under the terms of this Agreement, and accrue interest at the highest post-maturity interest rate.
H. Set-Off. You may use the right of set-off. This means you may set-off any amount due and payable under the terms of
this Agreement against any right I have to receive money from you.
My right to receive money from you includes any deposit or share account balance I have with you; any money owed to me
on an item presented to you or in your possession for collection or exchange; and any repurchase agreement or other non-
deposit obligation. "Any amount due and pay
able under the terms of this Agreement" means the total amount to which
you are entitled to demand payment under the terms of this Agreement at the time you set-off,
Subject to any other written contract, if my right to receive money from you is also owned by someone who has not agreed
to pay this Agreement, your right of set-off will apply to my interest in the obligation and to any other amounts I could
withdraw on my sole request or endorsement.
Your right of set-off does not apply to an account or Other obligation where my rights arise only in a representative
capacity. It also does not apply to any Individual Retirement Account or other tax-deferred retirement account.
You will not be liable for the dishonor of any check when the dishonor occurs because you set-off against any of my
accounts. 1 agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off.
Consumer Open-End Agreement
PA/4(N13702600441700000197023060209N 01996 Bankers Systems,Inc.,St.Cloud,MN Ec�r Page 5
I. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your
right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any
remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues
or occurs again.
16. TERMINATION OF ACCOUNT. I may terminate this Line of Credit and cancel this Agreement at any time upon written
notice to you, Notice of termination will be sent to a Susquehanna Bank branch office. If you terminate this Line of Credit as
provided for in this Agreement, you will send me notice of termination at my last address known to you. Termination will not
affect my obligation to repay advances made prior to the termination, nor will it alter my duties to perforin under the terms of
an instrument securing this Agreement until such instrument is released.
17. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, I agree to pay all
expenses of collection, enforcement or protection of your rights and remedies under this Agreement. Expenses include, but are
not limited to, attorneys` fees, court costs and other legal expenses. These expenses are due and payable immediately, If not
paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in
effect as provided for in the terms of this Agreement. All fees and expenses will be secured by the Property I have granted to
you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, 1 agree to pay the reasonable
attorneys' fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by
or against me.
18. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Agreement. The execution and
delivery of this Agreement will not violate any agreement governing me or to which 1 am a party.
19. INSURANCE. I agree to obtain the insurance described in this Agreement.
A. Property Insurance. I will insure or retain insurance coverage on the Property and abide by the insurance requirements of
any security instrument securing the Line of Credit.
B. Flood Insurance. Flood insurance is not required at this time. It may be required in the future should the property be
included in an updated flood plain map. If required in the future, I may obtain flood insurance from anyone i want that is
reasonably acceptable to you.
C. insurance Warranties. I agree to purchase any insurance coverages that are required, in the amounts you require, as
described in this or any other documents I sign for the Line of Credit. I will provide you with continuing proof of coverage. I
will buy or provide insurance from a firm licensed to do business in the State where the Property is located. If i buy or
provide the insurance from someone other than you, the firm will be reasonably acceptable to you. I will have the insurance
company name you as lass payee on any insurance policy. You will apply the insurance proceeds toward what 1 owe you
on the outstanding balance. I agree that if the insurance proceeds do not cover the amounts I still owe you, I will pay the
difference. I will keep the insurance until all debts secured by this agreement are paid. if I want to buy the insurance from
you, i have signed a separate statement agreeing to this purchase.
20. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance
products, and may earn such fees on other services that i buy through you or your affiliate.
21. APPLICABLE LAW. This Agreement is governed by the laws of Pennsylvania, the United States of America, and to the
extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are
preempted by federal law. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A.
Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this
Agreement, you do so for your sole benefit,
22. JOiNT AND INDIVIDUAL LIABILITY AND SUCCESSORS. My obligation to pay the Line of Credit is independent of the
obligation of any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on the
Line of Credit, or any number of us together, to collect the Line of Credit. Extending the Line of Credit or new obligations
under the Line of Credit, will not affect my duty under the Line of Credit and I will still be obligated to pay the Line of Credit.
The duties and benefits of the Line of Credit will bind and benefit the successors and assigns of you and me.
23. INTEGRATION AND SEVERABILITY. This Agreement is the complete and final expression of the agreement. If any
provision of this Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions
will still be enforceable.
24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section
headings are for convenience only and are not to be used to interpret or define the terms of this Agreement.
25. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be
given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES
section, or to any other address designated in writing. Notice to one Borrower will be deemed to be notice to all Borrowers. I
will inform you in writing of any change in my name, address or other application information. I will provide you any financial
statement or information you request. All financial statements and information I give you will be correct and complete. I agree
to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and
preserve my obligations under this Line of Credit and to confirm your lien status on any Property. Time is of the essence,
Consumer Open-End Agreement
PA/41N137026OD441700000197023060209N X1996 Bankers Systems,Inc.,$1,Cloud,MN EKJ5E ® Page 6
A
26. CREDIT INFORMATION. I agree to supply you with whatever information you reasonably feel you need to decide whether
to continue this Line of Credit. You will make requests for this information without undue frequency, and will give me
reasonable time in which to supply the information.
27. SIGNATURES. By signing under sea(, I agree to the terms contained in this Agreement. I also acknowledge receipt of a
copy of this Agreement,
BORROW 'ZI S
(Seal)
STg' ua
A CY
Iri
{Seal)
-DAVID RAKOCY
Individually
MY BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about my rights and your responsibilities under the Fair Credit Billing Act,
Notify You In Case of Errors or Questions About My Bill
If I think my bill is wrong, or if 1 need more information about a transaction on my bill, 1 will write you at the address listed
on my bill. i will write to you as soon as possible. You must hear from me no later than 60 days after you sent me the first
bill on which the error or problem appeared. I can telephone you, but doing so will not preserve my rights.
In my letter, I will give you the following information:
My name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if I can, why I believe there is an error. If I need more information, 1 will describe the
item I am not sure about.
If I have authorized you to pay my bill automatically from my savings, checking, share draft or other account, I can stop the
payment on any amount I think is wrong. To stop the payment my letter must reach you three business days before the
automatic payment is scheduled to occur.
My Rights and Your Responsibilities
After You Receive My Written Notice
You must acknowledge my letter within 30 days, unless you have corrected the error by then. Within 90 days, you must
either correct the error or explain why you believe the bill was correct.
After you receive my letter, you cannot try to collect any amount I question, or report me as delinquent. You can continue
to bill me for the amount I question, including finance charges, and you can apply any unpaid amount against my credit
limit. I do not have to pay any questioned amount while you are investigating, but I am still obligated to pay the parts of
my bill that are not in question.
If you find that you made a mistake on my bill, I will not have to pay any finance charges related to any questioned amount.
If you didn't make a mistake, 1 may have to pay finance charges, and I will have to make up any missed payments on the
questioned amount. In either case, you will send me a statement of the amount I owe and the date that it is due.
If I fail to pay the amount that you think I owe, you may report me as delinquent. However, if your explanation does not
satisfy me and 1 write to you within ten days telling you that I still refuse to pay, you must tell anyone you report me to that
I have a question about my bill. And, you must tell me the name of anyone you reported me to. You must tell anyone you
report me to that the matter has been settled between us when it finally is.
If you don't follow these rules, you can't collect the first $50 of the questioned amount, even if my bill was correct.
•Iwiwsl�wl�
Consumer Open-End Agreement
PA141N13702600441700000197023060209N 01996 Bankers Systems,Inc.,St.Cloud,MN 60 Page 7
c� 3y'sa
Prepared By Collateral Processing
Department, Susquehanna Bank, 1570
Manheim Pike, PO Box 3300, Lancaster,
Pennsylvania 17604-3300, (888) 238-
8949 llll���l�� tt1111
Return To Susquehanna Loan Center, PO
OOOK71
Box 639, Maugansville, MD 21767-0639
Parcel Number 09-14-0834-164
Premises: 3 GRANT STREET, ENOLA,
Pennsylvania, 17025
Space Above This Line For Recording Data
OPEN-END MORTGAGE
This Mortgage Secures Future Advances
DATE AND PARTIES. The date of this Mortgage (Security Instrument) is June 5,
2009. The parties and their addresses are:
MORTGAGOR:
DAVID A RAKOCY
3 GRANT STREET
ENOLA, PA 17025
STACY L RAKOCY
3 GRANT STREET
ENOLA, PA 17025
LENDER:
SUSQUEHANNA BANK
Organized and existing under the laws of Pennsylvania
1570 Manheim Pike
PO Box 3300
Lancaster, PA 17604-3300
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of
which is acknowledged, and to secure the Secured Debts and Mortgagor's
performance under this Security Instrument, Mortgagor grants, bargains, conveys and
,mortgages to Lender, the following described property:
SEE ATTACHED SCHEDULE A
EAST PENNSBORO TOWNSHIP
The property is located in CUMBERLAND County at 3 GRANT STREET, ENOLA,
Pennsylvania 17025.
Pennsylvania Mortgage
PAI41N13702600441700000197023080209Y 01996 Bankers Systems,Inc.,St.Cloud,MN Ear * Pape 1
E HIBIT
a
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and
gas rights, all water and riparian rights, wells, ditches and water stock and all existing
and future improvements, structures, fixtures, and replacements that may now, or at
any time in the future, be part of the real estate described (all referred to as Property).
This...Security Instrument will remain in effect until the Secured Debts and all
. .. . ...
underlying agreements have been terminated in writing by Lender.'-
2.
ender:2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security
Instrument at any one time will not exceed $15,000.00. This limitation of amount
does not include interest and other fees and charges validly made pursuant to this
Security Instrument. Also, this limitation does not apply to advances made under the
terms of this Security Instrument to protect Lender's security and to perform any of
the covenants contained in this Security Instrument.
3. SECURED DEBTS AND FUTURE ADVANCES. The term "Secured Debts" includes
and this Security Instrument will secure each of the following:
A. Specific Debts. The following debts and all extensions, renewals, refinancings,
modifications and replacements. A promissory note or other agreement, No.
10006814833, dated June 5, 2009, from Mortgagor to Lender, with a maximum
credit limit of $16,000.00,
B. Future Advances. All future advances from Lender to Mortgagor under the
Specific Debts executed by Mortgagor in favor of Lender after this Security
Instrument. If more than one person signs this Security Instrument, each agrees
that this Security Instrument will secure all future advances that are given to
Mortgagor either individually or with others who may not sign this Security
Instrument. All future advances are secured by this Security Instrument even
though all or part may not yet be advanced. All future advances are secured as if
made on the date of this Security Instrument. Nothing in this Security Instrument
shall constitute a commitment to make additional or future advances in any amount.
Any such commitment must be agreed to in a separate writing. In the event that
Lender fails to provide any required notice of the right of rescission, Lender waives
any subsequent security interest in the Mortgagor's principal dwelling that is
created by this Security Instrument,
C. Sums Advanced. All sums advanced and expenses incurred by Lender under the
terms of this Security Instrument.
4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be
paid when due and in accordance with the terms of the Secured Debts and this
Security Instrument,
5. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully
seized of the estate conveyed by this Security Instrument and has the right to grant,
bargain, convey, sell and mortgage the Property. Mortgagor also warrants that the
Property is unencumbered, except for encumbrances of record.
6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust,
security agreement or other lien document that created a prior security interest or
encumbrance on the Property, Mortgagor agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor receives from the
holder.
C. Not to allow any modification or extension of, nor to request any future
« advances under any note or agreement secured by the lien document without
Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens,
encumbrances, lease payments, ground rents, utilities, and other charges relating to
the Property when due. Lender may require Mortgagor to provide to Lender copies of
Pennsylvania Mortgage
PA141N13702600441700000197023060209Y 01996 Bankers Symms,Inc.,St.Cloud,MN E+ &mc Pago 2
all notices that such amounts are due and the receipts evidencing Mortgagor's
payment. Mortgagor will defend title to the Property against any claims that would
impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as
requested by Lender, any rights, claims or defenses Mortgagor may have against
parties who supply labor or materials to maintain or improve the Property.
8. DUE ON SALE, Lender may, at its option, declare the entire balance of the Secured
Debt to be immediately due and payable upon the creation of, or contract for the
creation of, any transfer or sale of all or any part of the Property. This right is subject
to the restrictions imposed by federal law (12 C.F.R. 591), as applicable.
9. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to
enter into this Security Instrument. The execution and delivery of this Security
Instrument will not violate any agreement governing Mortgagor or to which Mortgagor
is a party.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep
the Property in good condition and make all repairs that are reasonably necessary.
Mortgagor will not commit or allow any waste, impairment, or deterioration of the
Property. Mortgagor will keep the Property free of noxious weeds and grasses.
Mortgagor agrees that the nature of the occupancy and use will not substantially
change without Lender's prior written consent. Mortgagor will not permit any change
in any license, restrictive covenant or easement without Lender's prior written
consent, Mortgagor will notify Lender of all demands, proceedings, claims, and
actions against Mortgagor, and of any loss or damage to the Property.
Lender or Lender's agents may, at Lender's option, enter the Property at any
reasonable time for the purpose of inspecting the Property. Lender will give Mortgagor
notice at the time of or before an inspection specifying a reasonable purpose for the
inspection. Any inspection of the Property will be entirely for Lender's benefit and
Mortgagor will in no way rely on Lender's inspection.
11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the
covenants contained in this Security Instrument, Lender may, without notice, perform
or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign
Mortgagor's name or pay any amount necessary for performance. Lender's right to
perform for Mortgagor will not create an obligation to perform, and Lender's failure to
perform will not preclude Lender from exercising any of Lender's other rights under the
law or this Security Instrument. If any construction on the Property is discontinued or
not carried on in a reasonable manner, Lender may take all steps necessary to protect
Lender's security interest in the Property, including completion of the construction.
12. MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this Security
Instrument are material obligations under the Secured Debts and this Security
Instrument. If Mortgagor breaches any covenant in this Security Instrument, Lender
may refuse to make additional extensions of credit or may reduce the credit limit. By
not exercising either remedy on Mortgagor's breach, Lender does not waive Lender's
right to later consider the event a breach if it happens again.
13. DEFAULT. Mortgagor will be in default if any of the following occur:
A. Fraud. Mortgagor engages in fraud or material misrepresentation in connection
with..the Secured.-Debts. _ ... .. .. .. .. . .
B. Payments. Any party obligated on the Secured Debts fails to make a payment
when due.
C. Property. Any action or inaction occurs that adversely affects the Property or
Lender's rights in the Property.
14. REMEDIES ON DEFAULT. In addition to any other remedy available under the
terms of this Security Instrument, Lender may accelerate the Secured Debts and
foreclose this Security Instrument in a manner provided by law if Mortgagor is in
Pennsylvania Mortgage
PA14IN13702600441700000197023060209Y 01996 Bankers Systems,Inc„St.Cloud,MN LE45EW Pago 3
default. In some instances, federal and state law will require Lender to provide
Mortgagor with notice of the right to cure, or other notices and may establish time
schedules for foreclosure actions.
At the option of Lender, all or any part of the agreed fees and charges, accrued
interest and principal will become immediately due and payable, after giving notice if
required by law, upon the occurrence of a default or anytime thereafter.
The acceptance by Lender of any sum in payment or partial payment on the Secured
Debts after the balance is due or is accelerated or after foreclosure proceedings are
filed will not constitute a waiver of Lender's right to require complete curs of any
existing default. By not exercising any remedy on Mortgagor's default, Lender does
not waive Lender's right to later consider the event a default if it happens again.
15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION
COSTS. If Mortgagor breaches any covenant in this Security Instrument, Mortgagor
agrees to pay all expenses Lender incurs in performing such covenants or protecting
its security interest in the Property. Such expenses include, but are not limited to,
fees incurred for inspecting, preserving, or otherwise protecting the Property and
Lender's security interest. Mortgagor agrees to pay all costs and expenses incurred by
Lender in collecting, enforcing, or protecting Lender's rights and remedies under this
Security Instrument or any other document relating to the Secured Debts. Expenses
include, but are not limited to, attorneys' fees, court costs and other legal expenses.
These expenses are payable on demand and will bear interest from the date of
payment until paid in full at the highest interest rate in effect as provided for in the
terms of Secured Debts. In addition, to the extent permitted by the United States
Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees incurred by
Lender to protect Lender's rights and interests in connection with any bankruptcy
proceedings initiated by or against Mortgagor, This Security Instrument will remain in
effect until released. Mortgagor agrees to pay for any recordation costs of such
release.
16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this
section, (1) Environmental Law means, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C, 9601 at
seq.), all other federal, state and local laws, regulations, ordinances, court orders,
attorney general opinions or interpretive letters concerning the public health, safety,
welfare, environment or a hazardous substance; and (2) Hazardous Substance means
any toxic, radioactive or hazardous material, waste, pollutant or contaminant which
has characteristics which render the substance dangerous or potentially dangerous to
the public health, safety, welfare or environment. The term includes, without
limitation, any substances defined as "hazardous material," "toxic substance,"
"hazardous waste," "hazardous substance," or "regulated substance" under any
Environmental Law,
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no
Hazardous Substance is or will be located, stored or released on or in the Property.
This restriction does not apply to small quantities of Hazardous Substances that are
generally recognized to be appropriate for the normal use and maintenance of the
Property.
B. Except as previously disclosed and acknowledged in writing to Lender,
Mortgagor and every tenant have been, are, and will remain in full compliance with
any applicable Environmental Law,
C. Mortgagor will immediately notify Lender if a release or threatened release of a
Hazardous Substance occurs on, under or about the Property or there is a violation
of any Environmental Law concerning the Property. In such an event, Mortgagor
will take all necessary remedial action in accordance with any Environmental Law.
Pennsylvania Mortgage
PAXIN 13702600441700000197023060209 Y 61996 Bankers Systems,Inc.,St.Cloud,MN Fir .® Page 4
D. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has
reason to believe there is any pending or threatened investigation, claim, or
proceeding relating to the release or threatened release of any Hazardous Substance
or the violation of any Environmental Law.
17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or
threatened action by private or public entities to purchase or take any or all of the
Property through condemnation, eminent domain, or any other means. Mortgagor
authorizes Lender to intervene in Mortgagor's name in any of the above described
actions or claims, Mortgagor assigns to Lender the proceeds of any award or claim for
damages connected with a condemnation or other taking of all or any part of the
Property. Such proceeds will be considered payments and will be applied as provided
in this Security Instrument. This assignment of proceeds is subject to the terms of
any prior mortgage, deed of trust, security agreement or other lien document.
18, INSURANCE. Mortgagor agrees to keep the Property insured against the risks
reasonably associated with the Property. Mortgagor will maintain this insurance in the
amounts Lender requires. This insurance will last until the Property is released from
this Security Instrument. What Lender requires pursuant to the preceding two
sentences can change during the term of the Secured Debts, Mortgagor may choose
the insurance company, subject to Lender's approval, which will not be unreasonably
withheld. All insurance policies and renewals will include a standard "mortgage
clause" and, where applicable, "loss payee clause,"
Mortgagor will give Lender and the insurance company immediate notice of any loss.
All insurance proceeds will be applied to restoration or repair of the Property or to the
Secured Debts, at Lender's option. If Lender acquires the Property in damaged
condition, Mortgagor's rights to any insurance policies and proceeds will pass to
Lender to the extent of the Secured Debts.
Mortgagor will immediately notify Lender of cancellation or termination of insurance.
If Mortgagor fails to keep the Property insured, Lender may obtain insurance to protect
Lender's interest in the Property and Mortgagor will pay for the insurance ori Lender's
demand. Lender may demand that Mortgagor pay for the insurance all at once, or
Lender may add the insurance premiums to the balance of the Secured Debts and
charge interest on it at the rate that applies to the Secured Debts. This insurance may
include coverages not originally required of Mortgagor, may be written by a company
other than one Mortgagor would choose, and may be written at a higher rate than
Mortgagor could obtain if Mortgagor purchased the insurance. Mortgagor
acknowledges and agrees that Lender or one of Lender's affiliates may receive
commissions on the purchase of this insurance.
19. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to
Lender funds for taxes and insurance in escrow.
20. CO-SIGNERS. If Mortgagor signs this Security Instrument but is not otherwise
obligated to pay the Secured Debts, Mortgagor does so only to mortgage Mortgagor's
interest.in the Property to secure payment of the Secured Debts and Mortgagor does
not agree by signing this Security Instrument to be personally liable on the Secured
Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor,
Mortgagor agrees to waive any rights that may prevent Lender from bringing any
action or claim against Mortgagor or any party indebted under the obligation. These
rights may include, but are not limited to, any anti-deficiency or one-action laws.
21. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all
appraisement rights relating to the Property.
22. OTHER TERMS, The following are applicable to this Security Instrument:
A. Line of Credit. The Secured Debts include a revolving line of credit provision.
Although the Secured Debts may be reduced to a zero balance, this Security
14OWN04we
Pennsylvania Mortgage
PA141N1370260044170000019702306020BY 01996 Bankers Systems,Inc.,St.Cloud,MN E Sar P Page 5
Instrument will remain in effect until the Secured Debts and all underlying
agreements have been terminated in writing by Lender.
B. Open-End Mortgage. This Security Instrument secures advances by Lender used
in whole or in part to complete erection, construction, alteration or repair of the
Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall
be construed as an open-end mortgage with all of the rights, priorities and benefits
thereof under the laws of the Commonwealth of Pennsylvania,
C. NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A
VARIABLE INTEREST RATE.
23. APPLICABLE LAW. This Security Instrument is governed by the laws of
Pennsylvania, the United States of America, and to the extent required, by the laws of
the jurisdiction where the Property is located, except to the extent such state laws are
preempted by federal law,
24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's
obligations under this Security Instrument are independent of the obligations of any
other Mortgagor. Lender may sue each Mortgagor individually or together with any
other Mortgagor. Lender may release any part of the Property and Mortgagor will still
be obligated under this Security Instrument for the remaining Property. If this Security
Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to
waive any rights that may prevent Lender from bringing any action or claim against
Mortgagor or any party indebted under the obligation. These rights may include, but
are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that
Lender and any party to this Security Instrument may extend, modify or make any
change in the terms of this Security Instrument or any evidence of debt without
Mortgagor's consent, Such a change will not release Mortgagor from the terms of this
Security Instrument. The duties and benefits of this Security Instrument will bind and
benefit the successors and assigns of Lender and Mortgagor.
25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may
not be amended or modified by oral agreement. No amendment or modification of this
Security Instrument is effective unless made in writing and executed by Mortgagor and
Lender. This Security Instrument and any other documents relating to the Secured
Debts are the complete and final expression of the agreement. If any provision of this
Security Instrument is unenforceable, then the unenforceable provision will be severed
and the remaining provisions will still be enforceable.
26. INTERPRETATION. Whenever used, the singular includes the plural and the plural
includes the singular. The section headings are for convenience only and are not to be
used to interpret or define the terms of this Security Instrument.
27, NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING
TAXES. Unless otherwise required by law, any notice will be given by delivering it or
mailing it by first class mail to the appropriate party's address listed in the DATE AND
PARTIES section, or to any other address designated in writing. Notice to one
Mortgagor will be deemed to be notice to all Mortgagors. Mortgagor will inform
Lender in writing of any change in Mortgagor's name, address or other application
information. Mortgagor will provide Lender any financial statements or information
Lender requests. All financial statements and information Mortgagor gives Lender will
be correct and complete. Mortgagor agrees to pay all expenses, charges and taxes in
connection with the preparation and recording of this Security Instrument. Mortgagor
agrees to sign, deliver, and file any additional documents or certifications that Lender
may consider necessary to perfect, continue, and preserve Mortgagor's obligations
under this Security Instrument and to confirm Lender's lien status on any Property,
and Mortgagor agrees to pay all expenses, charges and taxes in connection with the
preparation and recording thereof. Time is of the essence.
Pennsylvania Mortgage
PA/41N13702600441700000197023060209Y 01996 Bankers Systems,Inc.,St.Cloud,MN �.m Page 6
SIGNATURES. By signing under seal, Mortgagor agrees to the terms and covenants
contained in this Security instrument. Mortgagor also acknowledges receipt of a copy
of this Security Instrument,
MORTG O
eal)
AVID A RAKOCY
Individ Ily
(Seal)
ST CY R OCY
Individually
ACKNOWLEDGMENT.
(Individual)
OF �i)mhor�gp� ss.
On this the �1— day of `)�nP ZOO before me,
�-nzae _y�2 � , the undersigned officer, personally
appeared DAVID A RAKOCY , and STACY L RAKOCY, known to me (or satisfactorily
proven) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged that he/she/they executed the same for the purposes therein
contained.
In witness whereof, I hereunto set my hand and official seal.
My commission expires: Oc+- Z, 2-017—
(Notary Pu c
NOTARIAL SEAL
C0ME HAtAR
NoterY Public j
T PENNSB0A0 TWR CUMBERLAND CNTY 1
Yy Commission Expires Ocl 2.2012 1
Pennsylvania Mortgage
PA/41N13702600441700000197023060209Y 01996 13-kern Systems,Inc.,St.Cloud,MN F-45 Page 7
It is hereby certified that the address of the Lender within named is: 1 570 Manheim
Pike PO Box 3300, Lancaster, Pennsylvania 17604-33 0.
Susqueh nna Bank
B
Heather R tter
NAit.., ;tJti:b
-„laity r1e/oaa
',r1:n941:a iaMu�vW1 uHt;eaba3v r?!�
,u.p!4ttt6tMlftD;)VM
Pennsylvania Mortgage
PA/41N13702600441700000197023060209Y -1996 Bankers Sy3te—,1nc.,St.Claud,MN E,452W Page a
Property Address
3 GRANT ST
EAST PENNSBORO TWP(ENOLA),PA
SCHEDULE A
ALL THOSE TWO(2) LOTS OF LAND SITUATE IN THE TOWNSHIP OF EAST PENNSBO RO, COUNTY OF
CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS,TO WIT:
TRACT NO. 1: BEGINNING AT A STAKE ON THE WESTERLY LINE OF GRANT STREET FOUR HUNDRED
EIGHTY-SEVEN AND THIRTY-ONE ONE HUNDREDTHS(487.31) FT MEASURED IN A SOUTHERLY
DIRECTION ALONG GRANT STREET FROM THE SOUTHERLY LINE OF PERRY STREET; THENCE IN A
WESTERLY DIRECTION AT RIGHT ANGLES TO GRANT STREET AND ALONG LANDS NOW OR FORMERLY
OF JOSEPH C. BAIR AND JEAN E BAIR, HIS WIFE,ONE HUNDRED FORTY(140) FEET TO A POINT;
THENCE IN A NORTHERLY DIRECTION IN A LINE PARALLEL TO GRANT STREET AND ALONG LANDS
NOW OR FORMERLY OF CONRAN J.MILLOW TWENTY(20) DEGREES TO A POINT; THENCE AT RIGHT
ANGLES TO SAID LINE AND ALONG OTHER LANDS NOW OR FORMERLY OF GEORGE J. MILLER,JR., ONE
HUNDRED FORTY (140) FEET TO A POINT ON THE WESTERLY LINE OF GRANT STREET;THENCE IN A
SOUTHERLY DIRECTION ALONG GRANT STREET TWENTY(20) FEET TO THE PLACE OF BEGINNING.
TRACT"NO. 2: BEGINNING AT A STAKE ON THE WESTERLY LINE OF GRANT STREET, ONE
HUNDRED TWENTY-EIGHT AND SEVEN TENTHS(128.7) FEET MEASURED IN A NORTHERLY
DIRECTION ALONG THE SAID LINE FROM THE NORTHERLY LINE OF CUMBERLAND ROAD,AS
EXTENDED; THENCE IN A WESTERLY DIRECTION AT RIGHT ANGLES TO GRANT STREET AND
ALONG OTHER LAND NOW OR FORMERLY OF GEORGE J. MILLER,JR.,ONE HUNDRED FORTY(140)
FEET TO THE EASTERLY LINE OF A FIFTEEN FOOT ALLEY;THENCE ALONG SAID LINE IN A
NORTHERLY DIRECTION FIFTY(50) FEET TO A STAKE;THENCE AT RIGHT ANGLES TO SAID ALLEY
AND ALONG THE LINE OF OTHER PROPERTY NOW OR FORMERLY OF GEORGE J. MILLER,JR., IN AN
EASTERLY DIRECTION ONE HUNDRED FORTY(140) FEET TO A STAKE ON THE WESTERLY LINE OF
GRANT STREET, WHICH STATE IS 487.31 FEET MEASURED IN A SOUTHERLY DIRECTION ALONG
GRANT STREET FROM THE SOUTHERLY LINE OF PERRY STREET; THENCE IN A SOUTHERLY
DIRECTION ALONG GRANT STREET FROM THE SOUTHERLY LINE OF PERRY STREET; THENCE IN A
SOUTHERLY DIRECTION ALONG GRANT STREET FIFTY (50)TO THE PLACE OF BEGINNING.
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COUR'T'HOUSE SQUARE - ~
CARLISLE, PA 17013 t
717-240-6370
-ILI '
Instrument Number-200920979
Recorded On 6/2212009 At 10:33:04 AM *Total Pages- 10
*Instrument Type-MOR'T'GAGE
Invoice Number-46492 User ID-KW
*Mortgagor-R&KOCY,DAVID A
*Mortgagee-SUSQUEHANNA BANK
*Customer-SUSQUEHANNA
*FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $10.00
,JUSTICE DO NOT DETACH
RECORDING FEES — $21.50
RECORDER OF DEEDS This page is now part
PARCEL CERTIFICATION $1.0.00
FEES of this legal document.
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TO'T'AL PAID $58.50
I Certify this to be recorded
in Cumberland County PA
CU
V 4
- RECORDER O Q EDS
t '
srso
-Informattion denoted by an asterisk may change during
the verification process and may not be reflected on this page.
OOOK71 II
l
Susquehanna Bank
CERTIFIED MAIL 917199 9991 7030 4522 7424
Date: May 6,2014
TO: David Rakocy
ACT 91 NOTICE
TAKE ACTION TO SAVE ''FOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
(HEMAP) may be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help,you must MEET WITHA CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. Ifyou 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 NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA,PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N
INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER
ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
EEEXHIBIT
I &2459591-1
HOMEOWNER'S NAME(S): Stacy Rakocy aka Stacy L Rakocy and David Rakocy
PROPERTY ADDRESS: 3 Grant Street, Enola, PA 17025
LOAN ACCT. NO.: XX814833
ORIGINAL LENDER: Susquehanna Bank
CURRENT LENDER/SERVICER: Susquehanna Bank
CONTACT PERSON: Art
PHONE NUMBER: 888-722-7270 Ext. 27244
E-MAIL ADDRESS: LoanCtr-Collectionsnasusquehanna.net
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE
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 PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STA YOFFORECLOSURE--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(plus three (3) days
for mailing). 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 THIRTY-THREE(33)DAYS OF THE DATE OF THIS NOTICE. IF YOU
DO NOTAPPLYFOR EMERGENCYMORTGAGEASSISTANCE, YOUMUSTBRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFA ULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--Ifyou 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 agenciesfor 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 ofyour intentions.
2759591-1
APPLICATION FOR MOR TGA GE 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). 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. To temporarily stop the lender from filling a foreclosure
action,your application MUST be forwarded to PHFA and received within thirty(30) days ofyour
face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HA VE A
MEETING WITH COUNSELING A GENCY WITHIN 33 DAYS OF THE POSTMARK DA TE
OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DA YS OF THAT
MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PREVENTED FROM
STAR TING A FORECLOSURE A GAINST YOUR PROPERTY,AS EXPLAINED ABO VE, IN
THE SECTION CALLED "TEMPORARY STA Y OF FORECLOSURE."
YOU HA VE THE RIGHT TO FILE A HEMAP APPLICA TION EVEN BEYOND THESE
TIME PERIODS.A LA TE APPLICA TION WILL NOT PREVENT THE LENDER FROM
STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATIONIS EVENTUALLY
APPROVED AT ANY TIME BEFORE SHERIFF'S SALE, THE FORECLOSURE WILL BE
STOPPED.
AGENCYACTION-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 ifyou 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 CURRENTL Y PROTECTED B Y THE FILING OF A
PETITIONIN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMA TION PURPOSES ONL Y AND SHOULD NOT BE
CONSIDERED AS AN A TTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
2459591-1
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it Up to date).
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your
property located at:
3 Grant Street, Enola, PA 17025
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due: February 26, 2014 thru April 26,2014
Principal Amount Due: $ 124.18
Interest Amount Due: $ 175.82
Attorney Fees: $ 318.00
Appraisal Fees: $ 0.00
Title Search: $ 0.00
Force Placed Insurance: $ 0.00
Escrow: $ 0.00
Other Charges: $ 0.00
Late Charges: $ 400.00
TOTAL AMOUNT PAST DUE: $ 1,018.00
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.)
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 $1,018.00 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by
cash, cashier's check, certified check or money order made payable and sent to:
Susquehanna Bank
C/o Susquehanna Loan Center
P.O. Box 639
Maugansville, MD 21767-0639
You can cure any other default by taking the following action within THIRTY(30)DAYS of the
date of this letter: (Do not use if not applicable.)
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
2459591-1
mortgage debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the
delinquency before the lender begins legal proceedings against you,you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY(30) DAY period,you will not be required to pay attorney's fees.
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 any time up to one hour before the Sheriffs
Sale. You may do so by paying the total amount then past due, plus any late or other charges then
due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs
connected with the Sheriffs Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
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 4 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 contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: —Susquehanna Bank
Address: C/O Susquehanna Loan Center,P.O.Box 639,Maugansville,MD 21767-0639
Phone Number: 888-722-7270 ext. 27244
Fax Number; 240-313-1563
Contact Person: Art
E-Mail Address: LoanCtr-CollectionsPsusquehanna.net
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 not sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges
2459591-1
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 IAVE 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.
(Rev.9/2008)
CONSUMER CREDIT COUNSELING
AGENCIES SERVING YOUR COUNTY ATTACHED
2459591-1
VANTED STATES
POSTALSPfiV10Eo Certificate Of Mailing _
r"3 ILIMhe-<-eq,fe;,Ite:N.tof.r.�p: ey;sn�.:n:i tn,u nUd has brwr.vma-lea le U-mm for maWg
From: Susquehanna Bank.
Attn: Collections �C� -
PO Box 639
- Mau((}}ansville MD 21767-06 9- • �'-�?;_ � - ,� �-=�''
_ Q. j� � .� per, i'�^ �S •:""yi
�" .. To:
V
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PS Form 3617,AprII 2007 PSN.753042-000-9065 N G)
Mq
a o
��V;y
UNITEDsrI-IrEs
POST13L SERVICE..
�4c�c q ►
Date: May 23, 2014
christina grove:
The following is in response to your May 23, 2014 request for delivery information on
your Certified MaiITM item number 9171999991703045227424. The delivery record
shows that this item was delivered on May 9, 2014 at 4:29 pm in ENOLA, PA 17025. The
scanned image of the recipient information is provided below.
Signature of Recipient
J---Av
Address of Recipient :
Thank you for selecting the Postal Service for your mailing needs.
If you require additional assistance, please contact your local Post Office or postal
representative.
Sincerely,
United States Postal Service
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated:04WP—O 14 05:44 PM
Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region
2000 Linglestown Road 1514 Derry Street
Harrisburg,PA 17102 Harrisburg,PA 17104
888-511-2227 717-232-9757
Housing Alliance of York/Y Housing Resources Maranatha
290 West Market Street 43 Philadelphia Avenue
York,PA 17401 Waynesboro,PA 17268
717-855-2752 717-762-3285
PathStone Corporation PathStone Corporation
1625 North Front St 450 Cleveland Ave
Harrisburg,PA 17102 Chambersburg,PA 17201
717-234-6616 717-264-5913
PA Interfaith Community Programs Inc PHFA
40 E High Street 211 North Front Street
Gettysburg,PA 17325 Harrisburg,PA 17110
717-334-1518 717-780-3940 800-342-2397
Susquehanna Bank
CERTIFIED MAIL 917199 9991 7030 4522 7417
Date: May 6, 2014
TO: Stacy Rakocy aka Stacy L Rakocy
ACT 91 NO'T'ICE
T AI%XE ACTION TO SAYE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTGA GE ASSISTANCE PROGRAM
(HEJ1AP) may be able to help to save your home. This Notice explains how the program works.
To see fHEMAP can help,you must MEET WITHA CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at tire 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 NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA,PUSS AFECTA SU
DERE CHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N
INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER
ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
2459591-1
HOMEOWNER'S NAME(S): Stacy Rakocy aka Stacy L Rakocy and David Rakocy
PROPERTY ADDRESS: 3 Grant Street, Enola, PA 17025
LOAN ACCT. NO.: XX814833
ORIGINAL LENDER: Susquehanna Bank
CURRENT LENDER/SERVICER: Susquehanna Bank
CONTACT PERSON: Art
PHONE NUMBER: 888-722-7270 Ext. 27244
E-MAIL ADDRESS: LoanCtr-Collections(7asusquehanna.net
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA YE
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 PENNSYLVANIA HOUSING FINANCE AGENCY.
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 (plus three (3) days
for mailing). 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 THIRTY-THREE(33)DAYS OF THE DATE OF THIS NOTICE. IF YOU
DO NOTAPPLYFOR EMERGENCYMORTGAGE ASSISTANCE, YOUMUSTBRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFA ULT', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING A GENCIES--Ifyou 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
sef forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise
your lender immediately ofyour intentions.
2459591-1
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons
set forth later in this Notice (see followingpages for specific information about the nature ofyour
default). 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. To temporarily stop the lender from filing a foreclosure
action,your application MUST be for warded to PHFA and received within thirty (30) days ofyour
face-lo face meeting with the counseling agency.
YOUSHO ULD FILE HEMA P APPLICA TION AS SOON AS POSSIBLE. IF YOU HA VEA
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DA TE
OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT
MEETING, THEN THE LENDER WILL BE TEMPORA RIL Y PREVENTED FROM
STARTING A FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE, IN
THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE."
YOU HAVE TIME RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE
TIME PERIODS A LA TEAPPLICA TION WILL NOT PREVENT THE LENDER FROM
STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY
APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE
STOPPED.
AGENCYACTION-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
mel 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 YOUARE CURRENTLYPROTECTED BY THE FILING OFA
PETITION INBANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE
CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
2459591-1
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your
property located at:
3 Grant Street, Enola, PA 17025
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due: February 26,2014 thru April 26,2014
Principal Amount Due: $ 124.18
Interest Amount Due: $ 175.82
Attorney Fees: $ 318.00
Appraisal Fees: $ 0.00
Title Search: $ 0.00
Force Placed Insurance: $ 0.00
Escrow: $ 0.00
Other Charges: $ 0.00
Late Charges: $ 400.00
TOTAL AMOUNT PAST DUE: $ 1,018.00
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.)
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 $1,018.00 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by
cash, cashier's check, certified check or money order made payable and sent to:
Susquehanna Bank
C/o Susquehanna Loan Center
P.O. Box 639
Maugansville, MD 21767-0639
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter: (Do not use if not applicable.)
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
2459,591-1
mortgage debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However,if legal
proceedings are started against you, you will have to pay all reasonable attorneys' fees actually
incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY(30) DAY period,you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal
balance and all other sums due tinder the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs
Sale, You may do so by paying the total amount then past due, plus any late or other charges then
due,reasonable attorney's fees and costs connected with the foreclosure sale and any other costs
connected with the Sheriffs Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE--1t is estimated that the earliest date that such
a Sheriffs Sale of the mortgaged property could be held would be approximately 4 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 contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Susquehanna Bank
Address: C/O Susquehanna Loan Center,P.O.Box 639,Maugansville, LVID 21767-0639
Phone Number: 888-722-7270 ext. 27244 __.._..._.__
Fax Number: 240-313-1563
Contact Person: Art
E-Mail Address: LonnCtr-Collections@susquehanna.net
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 not sell or transfer your home to a buyer or
transferee who will assume the mortgage debt,provided that all the outstanding payments, charges
2459591-1
R0, Box 639 U.S.POSTAGE>y NfTNEi•80WES
Susquehanna
B MD 21767-0639 RETURN SERVICE - �� � ,,��
Susquehanna Bank REQUESTED , ,�, —
coLLRcov 31597 -: ZIP 17543 000.69'
s; 02 M
0001377943MAY 15 .2014
STACY RAKOCY
AKA.STACY L RAKOCY
3 GRANT STREET
ENOLA, PA 1
17 6: D-PE. .-I�IY.>a 'S 1.4 I Q a.8-5./3.5% J-4
RETURN TO SENDER .
RAK0CY 'STACY L avI �
'40 308 COLEGE WILL RD
ENCLA PA 17025 -23-15
RETURN TO SENDER
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UNITED STATES
POSTAL SERVICE. `��{� CAW- Ca k-cci{ S4 �� L -
Date: May 23, 2014
christina grove:
The following is in response to your May 23, 2014 request for delivery information on
your Certified MaiITM item number 9171999991703045227417. The delivery record
shows that this item was delivered on May 20, 2014 at 4:44 pm in ENOLA, PA 17025.
The scanned image of the recipient information is provided below.
Signature of Recipient : 36(�- �&�
Address of Recipient :
Thank you for selecting the Postal Service for your mailing needs.
If you require additional assistance, please contact your local Post Office or postal
representative.
Sincerely,
United States Postal Service
Susquehanna Bank
CERTIFIED MAIL 917199 9991 7030 4488 9753
Date: May 14,2014
TO: Stacy Rakocy aka Stacy L Rakocy
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
(HEMAP)may be able to help to save your home. This Notice explains how the program works.
To see if HEHAP can help,you must MEET WITHA CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving
your county are listed at the end of this Notice. If you have any questions,you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call(717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives
at the Consumer Credit Counseling Agency may be able to help explain it. You may also want
to contact an attorney in your area.The local bar association may be able to help you find a
lawyer.
LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA,PLIES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRE NDE EL
CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N
INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER
ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
2459591-1
HOMEOWNER'S NAME(S): _Stacy Rakocy aka Stacy L Rakocy and David Rakocy
PROPERTY ADDRESS: 3 Grant Street, Enola, PA 17025
LOAN ACCT. NO.: XX814833
ORIGINAL LENDER: Susquehanna Bank
CURRENT LENDER/SERVICER: Susquehanna Bank
CONTACT PERSON: Art
PHONE NUMBER: 888-722-7270 Ext. 27244
E-MAIL ADDRESS: LoanCtr-Collections@susquehama.net
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE
YOUR HOME FROM FORECLOSURE ANIS 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 PENNSYLVANIA HOUSING FINANCE AGENCY,
TEMPOR,4R Y STA Y 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(plus three (3)days
for mailing). 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 THIRTY THREE(33)DAYS OF THE DATE OF THIS NOTICE. 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 DEFA ULT'; 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.
2459591-1
APPLICATION FOR MORTGAGEASSISTANCE--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). You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so,you must f ll 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. To temporarily stop the lender from filing a foreclosure
action,your application MUST be forwarded to PHFA and received within thirty (30) days of your
face-to face meeting with the counseling agency-
YO U SHOULD
gency.YOUSHOULD FILE HEMAP APPLICA TIONAS SOON AS POSSIBLE. IF YOU HA VEA
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE
OF THIS NOTICE AND FILE AN A PPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT
MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROM
STAR TING A FORECLOSURE A GAINST YOUR PROPERTY,AS EXPLAINED ABOVE, IN
THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE."
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICA TION EVEN BEYOND THESE
TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM
STAR TING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY
APPROVED AT ANY TIME BEFORE SHERIFF'S SALE, THE FORECLOSURE WILL BE
STOPPED.
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 setforth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTL Y PROTECTED BY THE FILING OF A
PETITIONIN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMA TION PURPOSES ONL Y AND SHOULD NOT BE
CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
2459591-1
mortgage debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred,up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period,you will not be required to pay attorney's fees.
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 any time up to one hour before the Sheriffs
Sale. You may do so by paying the total amount then past due, plus any late or other charges then
due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs
connected with the Sheriff's Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE 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 4 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 contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Susquehanna Bank
Address: _CIO Susquehanna Loan Center,P O Box 639,Maugansville,MD 21767-0639
Phone Number: 888-722-7270 ext. 27244
Fax Number: 240-313-1563
Contact Person: Art
E-Mail Address: -LoanCti-Collections@susguehanna.net
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 not sell or transfer your home to a buyer or
transferee who will assume the mortgage debt,provided that all the outstanding payments, charges
3459591-1
and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
(Rev.9/2008)
CONSUMER. CREDIT COUNSELING
AGENCIES SERVING YOUR COUNTY ATTACHED
2459591-1
UNITED STATES
POSTAL SERVICE,
�-
C CVACA cc-e1 ). 0L' t 15�1 LSM'
Date: May 30, 2014
christina grove:
The following is in response to your May 30, 2014 request for delivery information on
your Certified MailTM item number 9171999991703044889753. The delivery record
shows that this item was delivered on May 20, 2014 at 4:44 pm in ENOLA, PA 17025.
The scanned image of the recipient information is provided below.
Signature of Recipient : 42�
Address of Recipient,
Thank you for selecting the Postal Service for your mailing needs.
If you require additional assistance, please contact your local Post Office or postal
representative.
Sincerely,
United States Postai Service
unnPAL ALSERYKEs Certificate 4f Mallin
Tn6�rfifldatn,ofr4aling provides WdenCo Mal mot has o9w pfasent A t
Susquehanna Bank U i,!
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Attn: Collections
- P4 Box 639
- Maugansville, MD 21767- 6' � tv oo�
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HEMAP Consumer Credit Counseling Agencies
CUMBEPJI AND County
Rcport last updated:04/23/2014 05:44 PM
Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region
2000 Linglestown Road 1514 Derry Street
Harrisburg,PA 17102 Harrisburg,PA 17104
888-511-2227 717-232-9757
Housing Alliance of York(Y Housing Resources Maranatha
290 Nest Market Street 43 Philadelphia Avenue
York,PA 17401 Waynesboro,PA 17268
717-855-2752 717-762-3285
PathStone Corporation PathStone Corporation
1625 North Front St 450 Cleveland Ave
Harrisburg,PA 17102 Chambersburg,PA 17201
717-234-6616 717-264-5913
PA Interfaith Community Programs Inc PHFA
40 High Street 211 North Front Street
Gettysburg,PA 17325 Harrisburg,PA 17110
717-334-1518 717-780-3940 800-342-2397
HOMEOWNER'S NAME(S): _Stacy Rakoey aka Stacy L Rakocy and David Rakocy
PROPERTY ADDRESS: 3 Grant Street, Enola, PA 17025
LOAN ACCT, NO.: XX814833
ORIGINAL LENDER: Susquehanna Bank
CURRENT LENDER/SERVICER: Susquehanna Bank
CONTACT PERSON: Art
PHONE NUMBER: 888-722-7270 Ext. 27244
E-MAIL ADDRESS: LoanCtr-Collections@susquehanna.net
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE
YOUR HOME FROM FORECLOSURE AND HELP YOUMAKE 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 PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARYSTA Y 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(plus three(3)days
for mailing). 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 THIRTY THREE(33)DAYS OF THE DATE OF THIS NOTICE. 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 DEFA ULT'; EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING A GENCIES--Ifyou 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. 774e 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.
2459591-1
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). 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. To temporarily stop the lender from filing a foreclosure
action, your application MUST be forwarded to PHFA and received within thirty (30) days of your
face-to face meeting with the counseling agency.
YOUSHO ULD FILE HEMAP APPLICA TION AS SOONAS POSSIBLE. IFYOUHAVEA
MEETING WITH COUNSELING A GENCY WITHIN 33 DAYS OF THE POSTNL4RKDATE
OF THIS NOTICE AND FILE AN A PPLICA TION WITHPHFA WITHIN 30 DAYS OF THAT
MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM
STARTING A FORECLOSURE AGAINS T YOUR PROPERTY,AS EXPLAINEDABOPE,IN
THE SECTION CALLED "TEMPORARY STA Y OF FORECLOSURE."
YOU HA VE THE RIGHT TO FILE A HEMAP APPLICA TION EVEN BEYOND THESE
TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM
STAR TING A FORECL OSURE A CTION, BUT IF YOUR APPLICA TION IS EVENTUALLY
APPROVED ATANY TIME BEFORE SHERIFF'S SALE, THE FORECLOSURE WILL BE
STOPPED.
AGENCYACTION--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 OFA
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMA TION PURPOSES ONL Y AND SHOULD NOT BE
CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance,)
2459591-1
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date}
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your
property located at:
3 Grant Street, Enola, PA 17025
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due: February 26,2014 thru April 26,2014
Principal Amount Due: $ 124.18
Interest Amount Due: $ 175.82
Attorney Fees; $ 318.00
Appraisal Fees: $ 0.00
Title Search: $ 0.00
Force Placed Insurance: $ 0.00
Escrow: $ 0,00
Other Charges: $ 0.00
Late Charges: $ 420.00
TOTAL AMOUNT PAST DUE: $ 1,038.00
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.)
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 $1,038.00 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY(30) DAY PERIOD. Payments must be made either by
cash,cashier's check, certified check or money order made payable and sent to:
Susquehanna Bank
C/o Susquehanna Loan Center
P.O. Box 639
Maugansville, MD 21757-0639
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter: (Do not use if not applicable.)
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
2459591-1
mortgage debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30)DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY(30) DAY period,you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal
balance and all other stuns due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs
Sale. You may do so by paying the total amount then past due,plus any late or other charges then
due, reasonable attorney's fees and costs comlected with the foreclosure sale and any other costs
connected with the Sheriffs Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
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 4 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 contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Susquehanna Bank
Address: C/O Susquehanna Loan Center,P.O. Box 639,Maugansville,MD 21767-0639
Phone Number: 888-722-7270 ext.27244
Fax Number: 240-313-1563
Contact Person: Art
E-Mail Address: Loan Ctr-Collectionsna susquehanna.net
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 not sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges
2459591-1
and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
(Rev.9/2008)
CONSUMER CREDIT COUNSELING
AGENCIES SERVING YOUR COUNTY ATTACHED
2459591-1
UNITWSWES
PO ALSERVKF° Certificate Of r1 _
thm CehlhCate al Metsrg provides owdalwl that mai hes Wan presentod to
FhomWm Susquehanna Bank 1
Attn: Collections
rr
— PO Box 639tA� pew
— Maugansville, MD 21767-0639 Cb ` }
a
{
�55 ®� -t
cn m
PS Form 3897,AprD 2007 ASN 7530-02-000-9065
N W W
UNITED STATES
POSTAL SERVICE..
� 0
Date: May 30, 2014
christina grove:
The following is in response to your May 30, 2014 request for delivery information on
your Certified MailTM item number 9171999991703044889746. The delivery record
shows that this item was delivered on May 20, 2014 at 4:44 pm in ENOLA, PA 17025.
The scanned image of the recipient information is provided below.
Signature of Recipient
Address of Recipient :
Thank you for selecting the Postal Service for your mailing needs.
If you require additional assistance, please contact your local Post Office or postal
representative.
Sincerely,
United States Postal Service
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
:.� Q 1� 0.,iiCUtilf-XIALsi.\,(ItCP\C't-tk)k
UkC
OFFICE OF $kE`nIFF
Susquehanna Bank
vs. Case Number
David A. Rakocy (et al.) 2014-4816
SHERIFF'S RETURN OF SERVICE
08/15/2014 06:33 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the
Defendant, to wit: David A. Rakocy at 3 Grant Street, East Pennsboro Township, Enola, PA 17025.
Aua ciirvx2-
E DIMARTLE, DEPUTY
08/15/2014 06:33 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the
Defendant, to wit: Stacy Rakocy at 3 Grant Street, East Pennsboro, Enola, PA 17025.
IE DIMARTLE, DEPUTY
SHERIFF COST: $60.95 SO ANSWERS,
August 19, 2014
(c) CountySuite Sherif`, Teleosoft, Inc.
RONNY R ANDERSON, SHERIFF
Sharon E. Myers, Esquire
PA 32111
CGA Law Firm
135 North George Street
York, PA 17404
717-848-4900
717-843-0939 (f)
smyers@cgalaw.com
SUSQUEHANNA BANK,
Plaintiff
v.
FILED -OFFICE
P THE PROTHONOTARY
2014 SEP 16 PM 1: 10
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: No. 2014 - 4816 CIVIL
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants : Mortgage Foreclosure
CERTIFICATE OF SERVICE
I hereby certify that on September 15, 2014 the Notice of Praecipe to Enter Judi,ment by
Default (a copy of which is attached hereto) was served upon the Defendants in the manner
indicated below:
FIRST-CLASS MAIL,
POSTAGE PREPAID THEREON,
ADDRESSED AS FOLLOWS:
David A. Rakocy
3 Grant Street
Enola, PA 17025
Stacy L. Rakocy
3 Grant Street
Enola, PA 17025
Stacy L. Rakocy
308 College Hill Road
Enola, PA 17025
CGA Law Firm
SUSQUEHANNA BANK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: No. 2014 - 4816 CIVIL
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants : Mortgage Foreclosure
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
To: David A. Rakocy, Defendant
3 Grant Street
Enola, PA 17025
Date of Notice: September 15, 2014
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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
CGA Law Firm
By:
c Susquehanna Bank
Sharon E. Myers, squire
135 North George Street
York, PA 17401
Telephone: (717) 848-4900
Facsimile: (717) 843-9039
smyers@cgalaw.com
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
SUSQUEHANNA BANK,
Plaintiff
v.
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: No. 2014 - 4816 CIVIL
: Mortgage Foreclosure
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
To: Stacy L. Rakocy, Defendant
3 Grant Street
Enola, PA 17025
Date of Notice: September 15, 2014
Stacy L. Rakocy, Defendant
308 College Hill Road
Enola, PA 17025
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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
CGA Law Firm
By:
c Susquehanna Bank
S • (on E. Mye , Esquire
135 North George Street
York, PA 17401
Telephone: (717) 848-4900
Facsimile: (717) 843-9039
smyers@cgalaw.com
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
. FIEO-OFFICi
OF THE PROTHONOTARY
Zfl14 OCT -9 MI: 1
CUMBERLAND COUNTY
PENNSYLVANIA
Sharon E. Myers, Esquire
PA 32111
CGA Law Firm
135 North George Street
York, PA 17404
717-848-4900
717-843-9039 (f)
smyers@cgalaw.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SUSQUEHANNA BANK, : CIVIL ACTION — LAW
Plaintiff
v. : No. 2014-4816 CIVIL
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants
: Mortgage Foreclosure
PRAECIPE FOR JUDGMENT
Enter judgment in favor of Plaintiff and against Defendants for failure to enter an appearance and/or
file an Answer regarding the above -captioned action:
(X) Assess damages as follows:
Debt
Interest through 10/7/14
Late fees through 10/7/14
$14,058.04
$ 528.25
$ 500.00
Delinquent Real Estate Taxes (paid by Plaintiff) $ 1,946.61
Prior attorney fees and satisfaction $ 373.50
Docket costs . $
Attorney's fees .. $ 5,000.00
TOTAL . $22,406.40
01 -it 6.0d
4 /4. ope./ xi&
C#-591/6
pfr3/ 2/07
() I certify that the foregoing assessment of damages is for specified amounts alleged to be due
in the complaint and is calculable as a sum certain from the complaint.
() Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify that a
copy of this praecipe has been mailed to each other party who has appeared in the action or to
his/her Attorney of Record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe
was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney
of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this
praecipe and a copy of the notice is attached.
Date: October 7, 2014
NOW,
Sh.: n E. Myers, ' squire
Attorney for Plaintiff
By:
Deputy
SUSQUEHANNA BANK,
Plaintiff
v.
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: No. 2014 - 4816 CIVIL
: Mortgage Foreclosure
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
To: David A. Rakocy, Defendant
3 Grant Street
Enola, PA 17025
Date of Notice: September 15, 2014
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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
CGA Law Firm
By:
Sh. on E. yers,`-squire
135 North George Street
York, PA 17401
Telephone: (717) 848-4900
Facsimile: (717) 843-9039
smyers@cgalaw.com
c Susquehanna Bank
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
SUSQUEHANNA BANK,
Plaintiff
v.
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: No. 2014 - 4816 CIVIL
: Mortgage Foreclosure
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
To: Stacy L. Rakocy, Defendant
3 Grant Street
Enola, PA 17025
Date of Notice: September 15, 2014
Stacy L. Rakocy, Defendant
308 College Hill Road
Enola, PA 17025
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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
CGA Law Firm
/..4011010
S • :(on E. Mye' Esquire
135 North George Street
York, PA 17401
Telephone: (717) 848-4900
Facsimile: (717) 843-9039
smyers@cgalaw.com
By:
c Susquehanna Bank
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
SUSQUEHANNA BANK,
Plaintiff
v.
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants
FILED -OFFICE
OF THE PROTHONOTARY
Mk OCT -9 AM 11 21
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — LAW
: No. 2014 - 4816 CIVIL
: Mortgage Foreclosure
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF YORK
The undersigned, being duly sworn according to law, deposes and says that to the best of
her knowledge the Defendants are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of
Congress of 1940 as amended; that the Defendants are over eighteen (18) years of age; that the
Defendants' last known addresses are as follows: David A. Rakocy — 3 Grant Street, Enola, PA
17025 and Stacy L. Rakocy — 308 College Hill Road, Enola, PA 17025.
Sworn and subscribed to before me
this day of Oc:J D.kr , 2014.
Notary Public {/
My commission expires:
CGA LAW FI
By:
S ron E. Myers, Esqu
PA 13211
135 North George Street, York, PA 17401
Tel: (717) 848-4900
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Barbara J. Ross, Notary Public
City of York, York County
My Commission Expires Feb. 17, 2016
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
Department of Defense Manpower Data Center
Status Deport
Pursuant to Servicenem'bers Civil Relief Act
Last Name: RAKOCY
First Name: DAVID
Middle Name: A
Active Duty Status As Of: Oct -08-2014
Results as of : Oct -08-2014 08:01:32 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA -
- No'
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Das of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Cult -Up to Active Duty on Active Duty Status Dale
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA •
No
NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
v�-
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
Department of Defense Manpower Data Center
Status Report
Pursuant to Seryicemembers Civil Relief .Act
Last Name: RAKOCY
First Name: STACY
Middle Name: L
Active Duty Status As Of: Oct -08-2014
Results as of : Oct -08-2014 07:58:32 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA -
- - - No
NA
This response reflects the Individuals' active duty status based on the Active Duty Status Date
if
Left Active Duty Within 367 Das of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA'.
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
-No .
NA
This response reflects whether the Individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SUSQUEHANNA BANK, : CIVIL ACTION — LAW
Plaintiff
v. : No. 2014 - 4816 CIVIL
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants
: NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a Judgment in the above -captioned matter has been entered
against you in the amount of $22,406.40 plus costs on October ?Ph , 2014 .
(X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
rothonotary Civi iv.
by:
If you have any questions regarding this Notice, please contact the filing party:
NAME: Sharon E. Myers, Esquire
ADDRESS: 135 North George Street
York, PA 17401
TELEPHONE NO: (717) 848-4900
(This Notice is given in accordance with Pa. R.C.P. 236.)
NOTICE SENT TO:
NAME Stacy L. Rakocv
308 College Hill Road
Enola, PA 17025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SUSQUEHANNA BANK,
Plaintiff
V.
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants
(X)
(X)
: CIVIL ACTION — LAW
: No. 2014 - 4816 CIVIL
NOTICE OF FILING JUDGMENT
Notice is hereby given that a Judgment in the above -captioned matter has been entered
against you in the amount of $22,406.40 plus costs on October
, 2014 .
A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
by:
If you have any questions regarding this Notice, please contact the filing party:
NAME: Sharon E. Myers, Esquire
ADDRESS: 135 North George Street
York, PA 17401
TELEPHONE NO: (717) 848-4900
(This Notice is given in accordance with Pa. R.C.P. 236.)
NOTICE SENT TO:
NAME David A. Rakocy & Stacy L. Rakocy
3 Grant Street
Enola, PA 17025
(F THE PO f UONOTMii
2511i NOV -3 PM 2:20
Ci)MPBERAND ENNSYLVAN COUNTY
Sharon E. Myers, Esquire
PA 32111
CGA Law Firm
135 North George Street
York, PA 17404
717-848-4900
717-843-0939 (f)
smyers@cgalaw.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
SUSQUEHANNA BANK, : File No. 2014 — 4816 CIVIL
Plaintiff : (To be completed by attorney)
:-- Amount: $22,406.40
v. : Interest : $405.00
. Costs:
DAVID A. RAKOCY and : (To be completed by Proth/Clerk)1)
STACY L. RAKOCY,
Defendants : Pltf. Paid: &i3...5;PP
. Deft. Paid: 10 . C1 5 CBI
: Due Prothy.: 15. '75 o
: Other Costs: 1(0.50 "
.17° P �
PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE
TO THE PROTHONOTARY OF SAID COURT:
Issue writ of execution in the above captioned case.
Date: October 30, 2014
Attorney for Plaintiff
$4.a5 Due -Co
• 5o t -I
sqL�#7
31a.g59
RE bOrrkkutsd
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF CUMBERLAND
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above -captioned case, you are directed to
levy upon and sell the property described in the attached description.
Date: , 2014
Prothonotary
by:
Deputy
ALL those two (2) lots of land situate in Township of East Pennsboro, County of Cumberland
and State of Pennsylvania, more particularly bounded and described as follows, to wit:
TRACT NO. 1: BEGINNING at a stake on the westerly line of Grant Street four hundred
eighty-seven and thirty-one one -hundredths (487.31) feet measured in a southerly direction along
Grant Street from the southerly line of Perry Street; thence in a westerly direction at right angles
to Grant Street and along lands now or formerly of Joseph C. Bair and Jean E. Bair, his wife, one
hundred forty (140) feet to a point; thence in a northerly direction in a line parallel to Grant
Street and along lands now or formerly of George J. Miller, Jr., twenty (20) feet to a point;
thence at right angles to said line and along other lands now or formerly of George J. Miller, Jr.,
one hundred forty (140) feet to a point on the westerly line of Grant Street; thence in a southerly
direction along Grant Street twenty (20) feet to the place of BEGINNING.
TRACT NO. 2: BEGINNING at a stake on the westerly line of Grant Street, one hundred
twenty-eight and seven tenths (128.7) feet measured in a northerly direction along said line from
the northerly line of Cumberland Road, as extended; thence in a westerly direction at right angles
to Grant Street and along other land now or formerly of George J. Miller, Jr., one hundred forty
(140) feet to the easterly line of a fifteen foot alley; thence along said line in a northerly direction
fifty (50) feet to a stake; thence at right angles to said alley and along the line of other property
now or formerly of George J. Miller, Jr., in an easterly direction one hundred forty (140) feet to a
stake on the westerly line of Grant Street, which stake is 487.31 feet measured in a southerly
direction along Grant Street from the southerly line of Perry Street; thence in a southerly
direction along Grant Street fifty (50) feet to the place of BEGINNING. Having thereon erected
a one and one-half story concrete dwelling house.
The above described parcels of land are conveyed under and subject to the following
reservations, conditions and restrictions:
1. The within described lots are residential lots and no buildings shall be erected thereon,
except a dwelling house and accessory buildings. No business, trade or occupation of any kind
shall be carried on, on said premises, provided the same may be used as the office for the
practice of a profession.
2. No building or structure of any kind shall be erected on said lot within five (5) feet of
the rear of any side lot line and no building or structure shall be erected within twenty-five (25)
feet of the front lot line on Grant Street.
IT BEING the same premises which Joseph C. Bair, by his attorney-in-fact, Gwenyth L. Loose,
by Deed of Correction dated December 18, 2002 and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Record Book 255, Page 609, granted and
conveyed unto David A. Rakocy and Stacy L. Rakocy, husband and wife.
Commonly known as: 3 Grant Street
Tax ID NO: 09-14-0834-164
Full Address: 3 Grant Street, Enola, PA 17025
1/
Sharon E. Myers, Esquire
PA 32111
CGA Law Firm
135 North George Street
York, PA 17404
717-848-4900
717-843-0939 (f)
smyers@cgalaw.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSQUEHANNA BANK, CIVIL ACTION — LAW
Plaintiff
v. No. 2014 — 4816 CIVIL
DAVID A. RAKOCY and
STACY L. RAKOCY,
Defendants
Mortgage Foreclosure
AFFIDAVIT PURSUANT TO PA RCP 3129.1
SHARON E. MYERS, counsel for plaintiff, in the above action, sets forth as of the
date the praecipe for the writ of execution was filed the following information concerning the real
property located at:
3 Grant Street, East Pennsboro Township
Enola, Cumberland County, Pennsylvania 17025
f
Affidavit under PA RCP 3129.1- Page 2
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
David A. Rakocy
Stacy L. Rakocy
3 Grant Street
Enola, PA 17025
308 College Hill Road
Enola, PA 17025
2. Name and address of Defendant(s) in the judgment:
Name Address
David A. Rakocy same as above
Stacy L. Rakocy same as above
e
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name Address
Cumberland County Tax Claim Bureau
One Courthouse Square
Room 106
Carlisle, PA 17013
East Pennsboro Township 98 South Enola Drive
Enola, PA 17025
Susquehanna Bank P. O. Box 639
Maugansville, MD 21767-0639
Affidavit under PA RCP 3129.1— Page 3
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Joseph C. Bair
Susquehanna Bank
Name
None
c/o Gwenyth Loose
5921 Pinchtown Road
Dover, PA 17315
P. O.,Box 639
Maugansville, MD 21767-0639.
5. Name and address of every other person who has any record lien on the property:
Address
6. 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 Address
None
7. 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 Address
None
Sharon E. Myers, Esquire
PA 32111
CGA Law Firm
135 North George Street
York, PA 17404
717-848-4900
717-843-0939 (f)
smyers@cgalaw.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSQUEHANNA BANK,
Plaintiff
v.
•
•
•
•
•
•
•
•
DAVID A. RAKOCY and •
and STACY L. RAKOCY, •
Defendants
CIVIL ACTION — LAW
No. 2014 — 4816 CIVIL
Mortgage Foreclosure
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held on March 4, 2015, in the CUMBERLAND
COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013 at
10:00 a.m., prevailing local 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 buildings and
any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
3 Grant Street, East Pennsboro Township
Enola, Cumberland County, PA 17025
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 2014 — 4816 CIVIL
The names of the owners or reputed owners of this property are:
David A. Rakocy, 3 Grant Street, Enola, PA 17025
Stacy L. Rakocy, 308 College Hill Road, Enola, PA 17025
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate
entities or agencies being entitled to receive 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, Pennsylvania, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390.
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 taken. 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. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
1-800-990-9108
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 procedure used against you.
2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriffs deed is delivered.
3. A petition or petitioners 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 at least two (2) 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 Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square,
Room 301, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court.
ATTORNEY FOR
Sharon E. Myers, Esquire
Date: October 30, 2014
ALL those two (2) lots of land situate in Township of East Pennsboro, County of Cumberland
and State of Pennsylvania, more particularly bounded and described as follows, to wit:
TRACT NO. 1: BEGINNING at a stake on the westerly line of Grant Street four hundred
eighty-seven and thirty-one one -hundredths (487.31) feet measured in a southerly direction along
Grant Street from the southerly line of Perry Street; thence in a westerly direction at right angles
to Grant Street and along lands now or formerly of Joseph C. Bair and Jean E. Bair, his wife, one
hundred forty (140) feet to a point; thence in a northerly direction in a line parallel to Grant
Street and along lands now or formerly. of George J. Miller, Jr., twenty (20) feet to a point;
thence at right angles to said line and along other lands now or formerly of George J. Miller, Jr.,
one hundred forty (140) feet to a point on the westerly line of Grant Street; thence in a southerly
direction along Grant Street twenty (20) feet to the place of BEGINNING.
TRACT NO. 2: BEGINNING at a stake on the westerly line of Grant Street, one hundred
twenty-eight and seven tenths (128.7) feet measured in a northerly direction along said line from
the northerly line of Cumberland Road, as extended; thence in a westerly direction at right angles
to Grant Street and along other land now or formerly of George J. Miller, Jr., one hundred forty
(140) feet to the easterly line of a fifteen foot alley; thence along said line in a northerly direction
fifty (50) feet to a stake; thence at right angles to said alley and along the line of other property
now or formerly of George J. Miller, Jr., in an easterly direction one hundred forty (140) feet to a
stake on the westerly line of Grant Street, which stake is 487.31 feet measured in a southerly
direction along Grant Street from the southerly line of Perry Street; thence in a southerly
direction along Grant Street fifty (50) feet to the place of BEGINNING. Having thereon erected
a one and one-half story concrete dwelling house.
The above described parcels of land are conveyed under and subject to the following
reservations, conditions and restrictions:
1. The within described lots are residential lots and no buildings shall be erected thereon,
except a dwelling house and accessory buildings. No business, trade or occupation of any kind
shall be carried on, on said premises, provided the same may be used as the office for the
practice of a profession.
2. No building or structure of any kind shall be erected on said lot within five (5) feet of
the rear of any side lot line and no building or structure shall be erected within twenty-five (25)
feet of the front lot line on Grant Street.
IT BEING the same premises which Joseph C. Bair, by his attorney-in-fact, Gwenyth L. Loose,
by Deed of Correction dated December 18, 2002 and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Record Book 255, Page 609, granted and
conveyed unto David A. Rakocy and Stacy L. Rakocy, husband and wife.
Commonly known as: 3 Grant Street
Tax ID NO: 09-14-0834-164
Full Address: 3 Grant Street, Enola, PA 17025
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
SUSQUEHANNA BANK
Vs.
DAVID A. RAKOCY and
STACY L. RAKOCY
WRIT OF EXECUTION
NO 2014-4816 Civil Term
CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $22,406.40
Interest - $405.00
Atty's Comm:
Atty Paid: $221.70
Plaintiff Paid:
Date: 11/3/14
(Seal)
REQUESTING PARTY:
Name: SHARON E. MYERS, ESQUIRE
Address: CGA LAW FIRM
135 NORTH GEORGE STREET
YORK, PA 17404
Attorney for: PLAINTIFF
Telephone: 717-848-4900
Supreme Court ID No. 32111
L.L.: $ .50
Due Prothy: $ 2.25
Other Costs:
David D. Bue I, Prothonota
Deputy
Sharon E. Myers, Esquire
PA 32111
CGA Law Firm
135 North George Street
York, PA 17404
717-848-4900
717-843-0939 (f)
smyers@cgalaw.com
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
SUSQUEHANNA BANK, CIVIL ACTION — LAW
Plaintiff
v. No. 2014 — 4816 CIVIL
DAVID A. RAKOCY and
and STACY L. RAKOCY,
Defendants
Mortgage Foreclosure
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
( SS.
COUNTY OF YORK
Before me, the undersigned officer, personally appeared Sharon E. Myers, Counsel for the
Plaintiff, who, being duly sworn according to law, deposes and says that Notice to the parties who
hold one or more mortgage, judgment, tax liens against the real estate, or may have an interest in the
real estate, of David A. Rakocy and Stacy L. Rakocy, was given by first-class mail, postage prepaid
thereon, as evidenced by the Certificate of Mailing sheet, attached hereto and made a part hereof as
Exhibit "A". A copy of the Notice to Lien Holders Pursuant to PA RCP 3129.2 is attached hereto
and made a part hereof as Exhibit "B".
Sharon E. Myers, squire
Sworn and subscribed to
before me this .:,2,74 day
of ec_f_ivers , 2014
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Barbara 3. Ross, Notary Public
City of York, York County
My Commission Expires Feb. 17, 2016
MER, PENNSYLVANIA ASSOCIATION OF NOTARIES
Name and Address of Sender
CGA Law Firm
135 North George Street
York, Pennsylvania 17401
Check type of mail or service:
❑ Adult Signature Required 0 Adi]lt Signature Restricted Delivery
❑ Certified Mail 0 Recorded Delivery (International)
0 COD El Registered
0 Delivery Confirmation 0 Return Receipt for Merchandise
0 Express Mail 0 Signature Confirmation
❑ Insured
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Article Number
Addressee (Name, Street, City, State, & ZIP Code nn)
Postage
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2.
East Pennsboro Township
98 South Enola Drive
4°
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Enola, PA 17025
3.
Susquehanna Bank
P. O. Box 639
,4.
Maugansvillle, MD 21767-0639
4.
Joseph C. Bair
do Gwenyth Loose
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5921 Pinchtown Road
Dover, PA 17315
5.
Debbie Lupold, Tax Collector
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98 South Enola Drive, Room 101
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13 North Hanover Street
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PS Form 3877, June 2011 tPage 1 of 2)
I
Complete by Typewriter, Ink, or Ball Point Pen
See Privacy Act Statement on Reverse
Sharon E. Myers, Esquire
PA 32111
CGA Law Firm
135 North George Street
York, PA 17404
717-848-4900
717-843-0939 (f)
smyers@cgalaw.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSQUEHANNA BANK,
Plaintiff
v.
•
•
•
CIVIL ACTION — LAW
No. 2014 — 4816 CIVIL
DAVID A. RAKOCY and Mortgage Foreclosure
and STACY L. RAKOCY,
Defendants
NOTICE TO LIEN HOLDERS PURSUANT TO PA RCP 3129.2
NOTICE IS HEREBY GIVEN to the following parties who hold one or more
mortgage, judgment or tax liens against the real estate or the parties may have an interest in
the real estate of:
David A. Rakocy and Stacy L. Rakocy
Cumberland County Tax Claim Bureau
One Courthouse Square
Room 106
Carlisle, PA 17013
East Pennsboro Township
98 South Enola Drive
Enola, PA 17025
EXHIBIT
Susquehanna Bank
P. O. Box 639
Maugansville, MD 21767-0639
Joseph C. Bair
do Gwenyth Loose
5921 Pinchtown Road
Dover, PA 17315
Debbie Lupoid, Tax Collector
East Pennsboro Township
98 South Enola Drive, Room 101
Enola, PA 17025
Cumberland County Domestic
Relations Office
13 North Hanover Street
P. O. Box 320
Carlisle, PA 17013
You are hereby notified that on March 4, 2015 at 10:00 o'clock a.m., prevailing time,
by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland
County, Pennsylvania, on the judgment of Susquehanna Bank v. David A. Rakocy and
Stacy L. Rakocy, No. 2014 — 4816 CIVIL, the Sheriff of Cumberland County, Pennsylvania,
will expose at Public Sale in the Cumberland County Courthouse, One Courthouse Square,
Carlisle, Cumberland County, Pennsylvania 17031, real estate of David A. Rakocy and
Stacy L. Rakocy, known and numbered as 3 Grant Street, East Pennsboro Township, Enola,
Cumberland County, Pennsylvania 17025. The description of said real estate is attached
hereto.
You are further notified that a Schedule of Proposed Distribution will be filed no
later than 30 days after the sale by the Sheriff of Cumberland County, 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.
Dated: November 10, 2014
Sh. on E. Myers
Attorney for Plaintiff
ALL those two (2) lots of land situate in Township of East Pennsboro, County of Cumberland
and State of Pennsylvania, more particularly bounded and described as follows, to wit:
TRACT NO. 1: BEGINNING at a stake on the westerly line of Grant Street four hundred
eighty-seven and thirty-one one -hundredths (487.31) feet measured in a southerly direction along
Grant Street from the southerly line of Perry Street; thence in a westerly direction at right angles
to Grant Street and along lands now or formerly of Joseph C. Bair and Jean E. Bair, his wife, one
hundred forty (140) feet to a point; thence in a northerly direction in a line parallel to Grant
Street and along lands now or formerly of George J. Miller, Jr., twenty (20) feet to a point;
thence at right angles to said line and along other lands now or formerly of George J. Miller, Jr.,
one hundred forty (140) feet to a point on the westerly line of Grant Street; thence in a southerly
direction along Grant Street twenty (20) feet to the place of BEGINNING.
TRACT NO. 2: BEGINNING at a stake on the westerly line of Grant Street, one hundred
twenty-eight and seven tenths (128.7) feet measured in a northerly direction along said line from
the northerly line of Cumberland Road, as extended; thence in a westerly direction at right angles
to Grant Street and along other land now or formerly of George J. Miller, Jr., one hundred forty
(140) feet to the easterly line of a fifteen foot alley; thence along said line in a northerly direction
fifty (50) feet to a stake; thence at right angles to said alley and along the line of other property
now or formerly of George J. Miller, Jr., in an easterly direction one hundred forty (140) feet to a
stake on the westerly line of Grant Street, which stake is 487.31 feet measured in a southerly
direction along Grant Street from the southerly line of Perry Street; thence in a southerly
direction along Grant Street fifty (50) feet to the place of BEGINNING. Having thereon erected
a one and one-half story concrete dwelling house.
The above described parcels of land are conveyed under and subject to the following
reservations, conditions and restrictions:
1. The within described lots are residential lots and no buildings shall be erected thereon,
except a dwelling house and accessory buildings. No business, trade or occupation of any kind
shall be carried on, on said premises, provided the same may be used as the office for the
practice of a profession.
2. No building or structure of any kind shall be erected on said lot within five (5) feet of
the rear of any side lot line and no building or structure shall be erected within twenty-five (25)
feet of the front lot line on Grant Street.
IT BEING the same premises which Joseph C. Bair, by his attorney-in-fact, Gwenyth L. Loose,
by Deed of Correction dated December 18, 2002 and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Record Book 255, Page 609, granted and
conveyed unto David A. Rakocy and Stacy L. Rakocy, husband and wife.
Commonly known as: 3 Grant Street
Tax ID NO: 09-14-0834-164
Full Address: 3 Grant Street, Enola, PA 17025