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HomeMy WebLinkAbout01-1817 FX ~ ",.'" -I "1..,1..1' '."",j.. """,,' .' ~ ( l'~ 099999-00011/3.15,01/RWS/DCP/144382.1 " W A YPOINT BANK, formerly mown as HARRIS SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.DI-/PI7 e~o~l I~ v. CIVIL ACTION - LAW PATRICK B. SCHILD, IN MORTGAGE FORECLOSURE Defendant NOTICE TO DEFEND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 'lIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'IHE OFFICE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 -. ", """ ~"~<" "'= "-^ ,,', '0,-1..1-'-" ',".-. -",">~,--, ,-,~ "",,<-=''''",'-~ '_"'-',_>'_""~'O"'~'P' --d'-~ii 099999-00011/3.15.01/RWS/DCP/144382.1 W A YPOINT BANK, formerly known as HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA NO.OI-/f17Ct:x1'-r;. v. ClVlL ACTION - LAW PATRICKB. SCHILD, IN MORTGAGE FORECLOSURE Defendant COMPLAINT I. The Plaintiff, Waypoint Bank, hereinafter sometimes called "Mortgagee", is a federal savings bank with a principal place of business at 2nd and Pine Streets, Harrisburg, Dauphin County, Pennsylvania. The Plaintiff was formerly known as Harris Savings Bank. 2. The Defendant, Patrick B. Schild, hereinafter sometimes referred to as "Mortgagor", is an adult individual residing at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material to the Plaintiffs cause of action, the Mortgagor has been the owner of a tract ofland and the buildings thereon hereinafter called the "land" located at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 5. On July 24,1996, in consideration ofa loan of Eighty-Three Thousand ($83,000.00) Dollars made by the Mortgagee to the Mortgagor, Patrick B. Schild, the said Mortgagor executed and delivered to the Mortgagee, a note secured by a Mortgage on the land obligation the Mortgagor to pay the Mortgagee the principal sum together with interest at a variable rate as determined from time to time on the unpaid balance in monthly installments as set forth in the Note. The Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1333, Page 142. A copy of said Mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference. 6. The Defendant Mortgagor, Patrick B. Schild, is in default on the mortgage in that he failed to make monthly payments as required from and after November I, 2000. .-", . "",1.,- y~' ".-_J. 1..;1 " ,,. ~,,~ ~,', 099999-00011/3.15.01/RWSIDCP/144382.1 7. The Defendant is the present real owner of the land. 8. Under the terms of the Mortgage, the Defendant is also obligated to pay Plaintiff the expenses of collection including reasonable attorneys fees. 9. The usual and customary charge by attorneys for the collection of a delinquent mortgage is five (5%) percent of the unpaid balance of the mortgage. 10. The amount due the Plaintiff under the mortgage is computed as follows: Principal balance $79,267.50 Interest from October I, 2000 through March 6, 2000 2,498.55 Escrow deficiency 1,683.15 Late charges 114.64 5% Attorney's commission 4.178.19 TOTAL $ 87,742.03 11. The Plaintiff has complied with the provisions of Section 403 of Act No.6, 41 P.S. 403. 12. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680A03c. 13. The Defendant has failed to meet the time limitations specified by Section 403-C of the Act of December 23, 1983, P.L. 385, No. 91, 35 P.S. 1680A03c. 14. The Defendant is not a member of the Armed Forces of the United States and is not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. . ~ -", ;' ".-' ".1,' ~, ,'" --'>;"'0,' ,,;.;-~' _ ,I' t'," _' _ ',I, 'I ,', ,,-'c _ -, ",' C- ;,~,:;_,~,,'.:,r~J,;."_ '-"",,--,'"~ ,,;,""'!k:; 099999-00011/3.15.01/RWS/DCP/144382.1 WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of Eighty-Seven Thousand Seven Hundred Forty-Two and 03/100 ($87,742.03) Dollars together with interest thereon at the rate of 7.375 percent from March 6, 200 I, and the costs of this suit. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: i!!tw4/di- lchard W. Stewart Attorney LD. No. 18039 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff .' .. "" -' " 1,;1 ___ ", __,_,J' ,_, '-";"'>-'-' -"0 - ,"~, _ ,..-,-"'~ ;\ 099999-00011/3.15.01/RWS/DCP/144382.1 EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4, 1963: BEGINNING at an iron pin on the east side of York Street at the intersection of the eastern street line of said South York Street with the line of land formerly of Charles Eichelberger, now of Charles Keim and wife; thence along the line of said land North 74 degrees 29 minutes East 161 feet to a post on the western line of a 20 foot public alley; thence along the western line of said alley South 15 degrees East 31.5 feet to a point on the line of land formerly of Miss Nell Morrett, now of Robert Alexander and wife; thence along the line of said land through the center of a double frame garage and beyond South 75 degrees 1 minutes West 161 feet to a point on the eastern street line South York Street, aforesaid (this last mentioned point being 190 feet north of West Marble Street); thence along said York Street North 14 degrees 59 minutes West 30 feet to an iron pin, the place of BEGINNING. BEING TIlE SAME PREMISES which Gary W. Swanger and Beverly A. Swanger, husband and wife, by their Deed dated July 24, 1996, and recorded in Cumberland County Deed Book 144, Page 417, transferred and conveyed unto Patrick B. Schild, Defendant herein. TAX PARCEL NO. 20-24-0785-411 - L.;.L . " ~ ~'''''''''' 0" ~ ..;,,,, - '~l tV <:..'-1 '.'/-" ') 'j / ,,"1 ): IVI' . ;:;C~~[~~T :~ ! r~ ,?! ;' i) !;::C(~RD[n OF DE~DS (;U~.!6E[;U\IlD COU tlTY - r'j~ '96 JUI. 2ii Al'lll 36 (Space Above This line For Recording Data) 01 S- 0 () "{,..) '''1'1 . MORTGAGE THIS MORTGAGE ("Security Instrument'11s given on ......Julv....... .. ".... . ...24.... .... ............."...... The mortgagor Is ...............................P..atdck.a..SQ.l:Jild................."........................................................... ".......,...............,..,...,..............J.~.~~....... .........................................................................................................................................................."..........................................................................("Borrower.') This Security Instrument Is given to ........................J::I.ar.rjs..S.a~JnQS.aaJ:1k'............................................................;... m........................................................... ............................................................................................................................................................................................................................................... which Is organized and existing under the laws of .......f.'.Etoflsylv.anla................................. and whose address is ........:....................................................... ..,....................S.cood.&..Plo...$,tr.e.!s,....,..................Harris.bUrg,J~I.\...1Z.l0.1...............................,.......,............,........,........,.....,......,............(.lend.'.), 80rrowerowes lender the principal sum of ..................EIQl:1ty..IJmH~..Tbo.usam;l.alJct.f.l.ojJ.O.Q.............................................................. .......................... .....'....'..............................'.....',....,..,..............'......'............................................,......,.......................,........... Doll,,,, (U.S. $ ......83.00.Q,0'0.....................,...,...). This debt Is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, 11 not paid earlier, due and payable on ....AUQust............J....?9.?!?....................................... this Security Instrument secures to lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modlflcatfons of the Note; (b) the payment of all olher sums, wllh Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to lender the following described property located In .........................Cum.b.Ettlf;\Od........................... County. Pennsylvania: which has the address of ........43J..~,..y.Qr.k.~m~.at..............:............................ ...........,........... ..............".Me~b.aOll;;Sb.[C,U"r.,.Q.................................. [Street] J Pennsylvania ..............:l.7.Q5.5:.......... ....................... ('Property Address"); [2lpCodeJ TOGETHER WITH all the Improvements now or hereafter ereeled on the property, and all easements, appurtenances, a[l~ lixtures now or hereafter a part of the property. All replacements and addillons shall also be covered by this Security lnstrument. All of the foregoing is referred to In this Security Instrument as the "Property." BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to mortgage, 9ran~ and convey the Property and that the Property Is Ilnencumbered. except for encumbrances of record. 80rrower warrants and will defend generally the title to the Property against all claims and demands, sUbJeel to any encumbrances of record. . THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by Jurisdiction to constltute a uniform security in~lrument covering real property. PENNSYLVANIA.Slngle Femlly-FNMAlFHLMC UNIFORM INSTRUMENT PA01.FRM (O3{91) FlTECH Page1of5pllges Form 3039 9190 EXHIBIT "B" BouK1333 PAGE 1-12 - -~-...I,~ - ,I 1.1 ...~ ,=-"" lWi.n..iIW:1.---~ ~'-, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1" Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and lale charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a writlen waiver by Lender, Borrowershatl pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum rFunds') for: (a) yearly taxes and assessments which may allain priority over this Security Instrument as a lien an the Property, (b) yearly leasehold payments or ground rents on the Property, if any, (cJ yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any: (e) yaarly mortgage insurance premiums, If any, and (I) any sums payable by Borrower to lender, In acoordanca wtth the pl"olltslons of p.a(agraph B,lo lieu of the payment 01 mortgage insurance premiums. These items are called "Escrow Items." Lender may, at anytime, collect and hold Funds In an amount not to excBlild the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate SeUlement Procedures Act of 1974 as amended from time to tIme, 12 U.S.C. S 260f'et seq. ("RESPA'), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any Ilme, collect and hold Funds in an amount not to exceed the lesser amount. lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures 01 future Escrow Items or otherwise In accordance with applicable law. The Funds shall be held in an Institution whose deposits are insured by a federal agency, Instrumentality, or entity (including lender, illender is such an Institullon) or in any Federal Home Loan Bank. lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow lIems, unless Lender pays Borrower Intereslon the Funds and applicable law permits Lender to make such a charge. However,lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made Of applicable law requires interest to be paid, Lende! ahall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree In writing. however, that Interest shall be paid on the Funds. lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as addItional security lor aU sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, lender shall account to Borrower for the excess Funds In accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time Is nol sufficient to pay the Escrow Items when due, lender may so notify Borrower in wrJt1ng, and, In such case Borrower shalt pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the delicien~y In no more than twellle monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragrllph 21, Lender shalt acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shalt apply any Funds held by Lender at the time of acquisition or sale as a creditagalnst the sums secured hy this Security If\strument. 3. Application of Payments. Unless applicable-law provides otherwise, all payments receillad by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note: second, to amounts payable under paragraph 2; third, to interest due: fourth, to principal due; and last, to any late charges due under the Note. 4. Chargesj liens. Borrower sheH pay atltaxes, assessments, charges, lines and impositions attributable to the Property which may atlaln priority oller this Security Instrument, and leasehold payments or ground rents, If any, Borrower shalt pay these obllgat!ons in the manner provided in paragraph 2, or If not paid In that manner, Borrower shall pay them on tlme directly to the person owed payment. Borrower shall promptty furnish to lender aU notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnIsh to lender receipts evidencing the payments. Borrower shalt promptly dl;charge any tlen which has priority over this Security Instrument unless Borrowec (a) agrees in writing to the payment of the obligation secured by the Iten in a manner acceptable to Lender; (b) contests In good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien, or (c) secures. fl"om the holder 01 the lien an agreement satlsfacto\)l to Len~ subOfdinatil\Q the lien to thIs Secullty Instmment. If Lender determines that any part of the Property Is subject to a lien which may attain priority over this Security Instrument, lender may gille Borrower a notice identifying the lien. Borrower shalt satisfy the lien or take one or more of the actions set forth above within 10 days of the gilling of notice. 5. Hazard or Property Insurance. Borrower shalt keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards Included within the term "extended coverage" and any other hazards, Including floods or flooding, for which Lender requires Insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintail'! coverage described abolle, Lender may, at Lender's option, obtain coverage to protect lender's rights In the Property In accordance with paragraph 7. All Insurance policies and renewals shalrbe acceptable to Lender and shall include a standard mortgage clause. lender shall have the right to hold the policies and renewals. If lender requires, Borrower shall promptly give to Lender all receIpts of paid premiums and renewal notices. In the event of loss, Borrower shalt give prompt notice to the insurance carrier and lender. le~der may make proof of loss If not made promptly by Borrower, Unless Lender and Borrower otherwise agree In writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security Is not lessened. If the restoration or repair is not economically feaslble'or lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from lender thai the Insurance carrier has offered to settle a claim, then lender may collect the insurance proceeds. lender may use the proceeds to repair or restore the Property or to pay sums seoured by this Security Instrument, whether or not then due. The 3O-day period will begin when the notice is gillen. 'Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shalt not ell.lend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of Ihe payments. If under paragraph 2.1 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acqulsltion shalt pass to lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. PAOl1.FRM (03/91} FITECH Page 2 of ~ pag~5 Form 3039 9/90 BOOK1333 P!GE 143 ~".. -~ - ~,j, ~- " ..I ~I d' '""-"~.~.,,,, 6. Oe:cupancy, Preservation, Maintenance and Protection of the Propetty; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security t~strument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless exlenuating circumstances exisl which are beyond Borrower's control. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default If any forfeiture acllon or proceeding, whelher civil or criminal, is begun that In Lender's good fallh judgment could result in forfeiture of the Property or otherwise malerially Impair the lien created by this Security Instrument or Lender's securay interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In lender's good faith determination, precludes forfeiture of the Borrower's interesl in the Property or olher malerlal impairment of the lien created by this Securlly Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate Information or statements 'to Lender (or failed 10 provide lender with any material Information) In connection with the loan evidenced by the Note, Including, but not limited to, representallons concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument!s on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tille to the Property, the leasehold and the fee title shall not m~rge unless Lender agrees 10 the merger In writing. 7. Protection of Lender's Rights in the Property. If Borrower falls to perform the covenants and agreements contained In this Security Instrument, or there is a legal proceeding that may slgnlflcanUy affect Lender's rights In the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lender's rights in the Property. lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court; paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under Ihls paragraph 7, lender does not have to do so. Any amounls disbursed by lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of paYment, these amounts shall bear interest from Ihe dale of disbursement at the Note rate and shall be payable, with Interest, upon notice from lender to Borrower requesting payment. . B. Mortgage Insurance. If lender required jmortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the morlgage Insurance in effect. If, for any reason, thE! mortgage Insurance coverage required by Lender lapses or ceases to be In e~eict, Borrower shall pay the premiums required to obtain coverage substantially " equivalent to the mortgage insurance previousiy in effect, al a cost substantially equivalent to the cost to Borrower 01 the mortgage Insurance previously in effect, from an alternate mortgage insurer 'approved by lender. If substantially equivalent mortgage Insurance coverage is not available, Borrower shall pay to lender each month a s~~, equal 10 one-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be In ;~ffect. lender wlll accept, use and retain Ihese paymenls as a loss reserve in lieu of mortgage Insurance. loss reserve payments may no 10~ger be required, at the option of Lender, II mortgage Insurance coverage (In the amount and for the period that lender requires) provid~? by an Insurer approved by Lender again becomes avaliable and Is obtained. Borrower shall pay the premiums required to maintain mortgage !psurance in effect, or to provide a loss reserve, untlllhe requirement for mortgage insurance ends in accordance wllh any writlen agreem~ot between Borrower and lender or applicable law. 9. Inspection. Lender or Its agent may make :reasonable entries upon and Inspections of the Property. lender shail give Borrower notice at the time of or prior to an Inspection speclfylngjteasonable ca,use for the Inspection. 10. Condemnation. The proceeds of any a~ard or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part 01 the Property, or for convey~nce In lieu of condemnation, are hereby assigned and shall be paid to Lender. !n the event of a total taking of the Property, the p:rbceeds shall be applied to the sums secured by this -Security Instrument, whether or not then due, wllh al)Y excess paid to Borrower. In the li!~ent 01 a partial taking of the Property In which the fair market value of the Property immediately before the taking is equal to or grRaier than the amount of the sums secured by this Security Inslrument Immediately before the taking, unless Borrower and lender olherwls~ agree In writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the followlrg'fractlon: (a) the total amount of the sums secured Immediately before the taking, divided by (b) the fair market value of the Property imm:~diately before the taking. Any balance shall be paid to Borrower. In the event of a partIal taking of the Property in which the fair marke~ value of the Property immediately before the taking is less than the amount ~f the sums secured immediately before the taking, unl~ss Borrower and lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums se6~red by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by lender to Borrower that the condemnor offers to make an award or seUle a claim lor damages, Borrower fails to respond to Lender'within aD days after the date the notice 18 given, Lender Is authorized to collect and apply the proceeds, at Its option, either 10 restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proc~eds to principal shall nol extend or postpone the due date of the monthly payments referred to In paragraphs 1 arid 2 or change the amounl of such payments. 11. Borrower Not Released; Forbeara~ce By Lender Not a Waiver. Extension of the lime for payment or modification of amortization of the sums secured by this Security instrument granled by lender to any successor in interesl of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in Interest. lender shall not be required to commence proceedings against any successor In Interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in Interest. Any forbearance by lender in exerCising any right or remedy shall not be a waiver of o:r precl'ude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several liability; Co-signers. Tha covenants and agreements of this Security Instrument shall bind and bene1it the successors and assigns of lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co.slgns this Security Instrument but does not execute the Note: (a) is co,signlng this Security Instrument only to mortgage, grant and convey that Borrower's Interest in the Property under lhe terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. II the loan secured by this Security Instrument is su'b]ect to a law which sels maximum loan charges, and that law is finally Interpreted so that the interest or other loan charges conected or to be collected in connection with the loan exceed the permitled Iimils, then: (al any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected 1rom Borrower which exceeded permitted limits will be refunded 10 Borrower. lender may choose to make this refund by PA012.FRM {03/91) FlTECH Page J ot5pllges Form 3D)!! 9/90 Boud:J33 FAGE 144 ""'~ - , I" ~ """'. 'L""I ~ ,Jei: reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated all a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering itor by mailing It by first class mall unless applicable law requires use of another method, The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice 10 Lender shall be given by first class mall 10 lender's address stated herein or any other address Lender designates by notice to Borrower, Any notice provided for In this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, 15. Governing law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property Is located. In the event that any provision or clause of this Security Instrument or the Note conlllcts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provislon. To this end the provisions of thls Security Instrument and the,Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interesl in !I is sold or transferred (or jf a beneficial Interest in Borrower Is sold or transferred and Borrower Is not a natural parson) without lender's prior written consent, Lender may, at Its option, requIre Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by lender If exercise is prohibited by federal law as of the dale of this Security Instrument. If lender exercises this optfon, Lender shall give Borrower notice of acceleration, The notlce shall provide a period of not less than :30 days from the date the notlce is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of thIs period, lender may invoke any remedies permit1ed by this Security Instrument w!lhoul further notice or demand on Borrower, 18" Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontInued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a Judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays lender all sums which then would be due under this Security Instrument and the Nate as if no acceleration had OCCUHOO: (b) cmes any deiault 01 any other cO'Jenan1s tH agreements; (c) pays all expenses Incurred in enforcing this Security Instrument, Including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, lender's rights In the Property and Borrower's obligation 10 pay the sums secured by thIs Security Instrument shall contInue unchanged, Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sale of Notej Change of Loan Servicer. The Note or a partlallnterE!st In the Note (together with this Security Instrument) may be sold one or more times without prior notlce,to Borrower, Asale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the loan Servicer unrelated to a sale 01 the Note, If there is a change oltha Loen Servlcer, 80rro'wer wlll be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new loan Servlcer and the address 10 which payments should be made. The notlce will also contain any oilier Information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in Ihe Property. Borrower shall not do, nor allow anyone else to do, anything affectIng the Property that Is In violation of any Environmental law, The preceding two sentences shall not appiy to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generaHv recognized to be appropriate fo normal resldenlfal uses and to maintenance of the Property. Borrower shall promptly give lender written notice of any Investigation, claim, demand, lawsuit or other acllon by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediatIon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial acllons In accordance with Envjronmental Law. As used In this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile . solvents, material~ containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurlsdicllon where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS, -Borrower and Lenderfurther covenant and agree as follows: 21. Acceleration; Remedies" Lender shall give notice to Borrower prior to acceleration foilowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by jUdicial proceeding and sale of the Property. lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non~existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default,is not cured as specified. lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceedln~. lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall1ermlnate and become void. After such occurrence, lender shall discharge and satisfy thIs Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and rcleases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit_ of any present or futura laws providing tar slay at execu~ion, extension of tlma, exemption [rom attachment, levy and sale, and homestead exemption. PA013.FAM (03{91) FiTECH Page 4 of S pages Form 3039 9/91) Bood333 PAGE HS - ~~. -'''~~'';' 24. Reinstatement Period. Borrower's tIme to reinstate provided in paragraph 18 shall extend 10 one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title 10 the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a judgment Is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Se~urity Instrument. [Check appllcable box(es)] W Adjustable Rate Rider 0 Condominium Rider 0 14 Family Rider 0 Gradualed Payment Rider 0 Planned Unit Development Rider 0 Biweekly Pll:yment Rider 0 Balloon RIder 0 Rate Improvement RIder 0 Second Home Rider 0 Other(s) [specify) BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this SecurIty Instrument and in any rlder(s) executed by Borrower and recorded with It. " '. , / 1//;/'1./ / / ~?-l 'aA;{ 11/1,,;(/.(/ "~a;;;ckii'sch\iif~""'''''''''''''''''''' ....................................(Seal -Borrower Witnesses:, ..:.... Soc;al Security Number ... ...........(Seal -Borrower SocIal Security Number ..........,..............................,.... ....... ..........(Seal: i' .Borrower Social Security Number .......................,........................... ...........(5eal; " -Borrower Social Security Number ...... [Space Below This Line For Acknowledgment] CllMlNl^1EALTII OF PENNSYLVANIA COUNTY OF DAllPHIN ON THIS, the 24th day of July, 1996, before ne, a No.tary .Public, the undersigned officer, J;X:!rsonally appeared PATRICK B. SQULD, knCMn to ITS (or satisfactorily proven) to be the r:erson whose narre is subscribed to the within instrurrent, and acJmo..11edge<:f that he executed the sarre for the prupose therein contained. IN WITNESS WHEREOF" I have hereunto set my hand and seal. ~' ".c _ ~'i' ,,'I. 11l7r"'r(,~f .:..", '~'UY.!C-:'I,-, ._..-"i) ..11....... ,,'I ,. ','r#' .J~~~~~;t.)i~t~:;;t, . .~ .r~~~. '.{l(:"~l':"~'~ .~? ~.., . . "f., '.r J '.~~ - --' ;.' ~~.....f-.... ,. ~" ~ '';:., ~?;,." ...."u~. \,,~... .~... '; :-:-...:;~:J ON 0 \,\./,~-.....\~~ ., !"~,!tiJ~.! l>\~~t ..l;)t;t~_" ( "'...i ( , , ( r' ~mTARIAL SEAL . J STEVE C_ NICHOLAS. Notary Public Cily of Harrisburg, D.mphin County My CommIssIon Expires Sept. 25, 1999 -----..-----,---_._------ PAlI14.FRM {O3191} FlTECH Page 5 of 5 pages Form 3039 9{90 Bao~1333PAGE 1.16 ""~"-"- ~ ''', - ](JJ~:~i-, \ ...cED/ADJUSTABlE RATERII,-C:R" . (1 Year Treasury Index-Rate Caps--Fixed Rate Conversion Option) THIS FIXED/ADJUSTABLE RATE RIDER Is riiadethis ..21~h............. day of ...J.l.Il)/'.....................................J,9.96......, and Is incorporated Into and shall be deemed 10 amend and supplement the Mortgage, Deed of Trust or SecurIty Deed (the'Securlty Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Axed/Adjustable Rate Note (the "N,"') to ..., .......t:larris,llaviogs..6,anK,...,........,..........."..,..,...,...........,.....,..,............,..............,.. ,..".................,.....,... ..........lle,coml.ll<.lcjne..SI[~m.s,.........,...t:larlisblJJ:g.n,...17.IQl..,........'.....................,.....,....,..................,.. ...'...............,........ (the 'Lender") of the same date and covering the property described in the Security Instrument and located at: "....A~.tS.,'y'Q[k.SJ.re.eL. ........,..,......,.........,........................M~cllanl.csburg..EA.....!7.Qo.~,....... [Prop~tty Address] THE NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND, THE MAXIMUM RATE THE BORROWER MUST PAY. THE NOTE ALSO CONTAINS THE OPTION TO CON- VERT THE ADJUSTABLE RATE TO A NEW FIXED RATE. ADDITIONAL COVENANTS. In addtion to the covenants and agreements made in the Security Instrument, Borrower and lender further oovenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an intial f!xed interest rate of ...?,a15...........%. The Note also provides for a change in the initial fixed rate to an adjustable rate, as 'follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dales The initial fixed interest rate I will pay will change to an adjustbale Interest rate on the first day of ..............AUgu.&t.............. ...~.gQl and the adjustable rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable Interest rate, and each date on which my adjustable interest rate could change, Is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date Is caUed the "Cunent Index.. If the index Is not longer available, the Note Holder wlll choose a new index which Is based upon comparable information. The Note Holder will give me notice of this choice, (C) Caleulation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Iw.Q.alJd.T.tmua.F..oultoS........ percentage points (......2,.7.5O'..... %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated In Section 4(0) below, this rounded amount wlll be my new Interest rate until the next Change Date. The Note Holder will then determIne the amount of the monthly payment that would be sufficient to repay the unpaid prinoipalthat I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than ...9...;u.~........% or less than .....5,3.7.~.........'ro. Thereafter. my adjustable lnlerest rate will never be Increased or decreased on any single Change Date by more than two percentage points (2.00%) from the rale of Interest I have been paying for the preceding 12 months. My Interest rate will never be greater than ....1.2.3.7.5....,.......% which Is called the "Maximum Rate.~ (E) Effective Date of Changes My new Interest rate w1l1 become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Nollee ot Changes The Note Holder will deliver or mail to me a notice of the change in my Initial fixed interest rate to an adjustabllllnlerest rate and of any changes in my adjustable interest rate before the effectlve date of any change. The notice will include the amount of my monthly payment. information required by law to be gIven me and also the telephone number, of a person who will answer any question I may have regarding the nollce. B. FIXED INTEREST RATE OPTION The Note provides for the Borrower's option to convert from an adjustable Interest rate with interest rate limits to a new fixed interest rale, as follows: 5. FIXED INTEREST RATE CONVERSION OPTION (A) Option to Convert to Fixed Rate I have a Conversion Option that I can exerctse unless I am In default or this Section 5(A) wlll not permit me to do 80. The .Conversion QpUon" Is my option to convert the Interest rate I am requIred to pay by this Note from an adjustable rate with interest rate limits to the fixed rate calculated under Section 5(6) below. The conversion can only take place on the first, seoond or third Chenge Date. Each Change Date on which my Interest rate csn convert from an adjustable rate to a fixed rate Is called the .Conversion Date." I can convert my Interest rate only on one of these three ConversIon Dates. MULTISTATE FIXED/ADJUSTABLE RATE RIDER-1 YEAR TREASURY INDEX CONVERllBLE- Single Famlly--Fannle Mae Uniform Instrument 3183 (8j94) HarrIs Page1ot2 Form 31835/94 Bood333rnGE 1<18 - ~ .~..--........--.., ~I _.... .._____i~ "" '- ~.rA .i....~*',- III want to exercise the Conversion Option, I must first meet certain condiWons. Those conditions are thai: (I) [must give the Note Holder notlce that I want to do so; (Ii) on the Conversion Date, I must not be in defaul~ under the NOle or the Security ins1rument; (iii) by a dale specified by the Note Holder, I must pay the Note Holder a conversIon fea of U.S. $250.00; and (iv) I must sign and give the Note Holder any documents the Note Holder requires to effect the conversion. (B) Calculation of Fixed Rate My new, fixed Interest rate will be aquallc the Federal National Mortgage Association's required net yield as of a date end time of day speciffed by the Note Holder for (i) [f the origInal term of this Note is greater than 15 years, or (II) If the orIginal term of this Note Is 15 years or less, 15-year fixed rate first mortgages covered by applicable SO-day mandatory delivery commitments, plus five--elghths of one percentage point (0.625%), rounded to the nearest one-elght of one percentage point (0.125%). If this required net yield cannot be determined because the applicable commitments are not available, the Note Holder \:VIII determine my interest rate by using comparable information. My new rate calculated under thIs section 5(8) wilt not be greater than the Maximum Rate stated In SecUon 4(0) above. (C) New Payment Amount and Effective Date If I ch,?ose to exercise the Conversion Option, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay the unpaid principal I am expected to owe on the Conversion Date in full on the maturity date at my new fixed interest rate in substantially equal payments. The result of this calculatlon will be the new amount of my monthly payment. Beginning wllh my first monthly payment after the Conversion Date, j wIU pay the new amount as my monthly payment until the Maturity Date. C. TRANSFER OF THE PROPERlY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION ABOVE, OR AFTER BORROWER EXERCISES THE CONVERSION OPTION UNDER THE CONDITIONS STATED IN SECTION B ABOVE, UNIFORM COVENANT 17 OF THE SECURllY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: ' Transfer 01 the Property or a Beneficial Interest In Borrower. If aU or any part of the Property or any Interest in it is sold or transferred (or if a baneflclallnteres1ln Borrower Is sold or transferred and Borrower is not a natural parson) without lender's prior written consent, Lender may, at Its option, require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this SecurIty Instrument. If lender exercises this option, lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, AND UNTIL BORROWER EXERCISES THE CONVERSION OPTION UNDER THE CONDITIONS STATED INS ECTION B ABOVE, UNIFORM COVENANT 170F THE SECURllY INSTRUMENT DESCRIBED IN SECTION C1 ABOVE SHALL CEASE TO BE IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 17 OF THE SECURllY INSTRUMENT SHALL BE AMENDED TO READ AS FOLLOWS: Transfer o11he Property or a Beneficial Interest In Borrower. If all or any part at the Property or any interest in it is sold or transferred (or If a beneficial interest In Borrower is sold or transferred and Borrower is not a natural person) without lender's prior written consent, Lender may, at lis option, require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender Illao shall not exercise this option if: (a) Borrower causes to be sum bitted to Lender Information required by lander to evaluate the Intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement In this SecurIty Instrument Is acceptable to Lender. To the extent permitted by applicable law, lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower In writing. If lender exercises the option to requIre Immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the nollce is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the explra~tlon of this period, lender may invoks any remedies permitted by this Security h. ,_;' . Instrument without further notice or demand on Borrower. 1:, :,,.c-f' !iJ:t,~', /; BY SIGNING BELOW. eorrow" ''''p'' ",d '9'''' to tho !e,m. ",d 'Tl"" oon"'ood In thl. A"d/Adi",tabl,. ~~ ,R1d". ,o?,.. /; > . (,:" '...'...:' .1<, !.~:"~~~... ....rvI;lh.IAI:v.I,iJJ.. /~i;,.:'i;;.:::;s.~~:",/: > .t Witness Patrick B. Sc (f" ,_ i~~,l' . '"',1::_ B(j~O~,e~~):. i'tf , Q....:........ ~4t\l:I~,;:({~;~~~tj';,<#f. n, ,t'illlsylvama } 58 >-~:,,- '.p.f.t'/ ~>_ ,i,'! ': i';"~~62if;:d'ior'ifi.'recoiiiiiig'OfD.~'~'::::-,~~:~~l:.iW AfT",.,' ",' }.;!,~j", ,bod county.~ '''\.''''",''''* ,"" "'I..-?:.l.? ..-! ' " .J'l.q-' "''-'' ~:;;;i;~:;~:::;:' ,.........,..'.."....... "'..'.j .,.~~B',~~~\~;ct~:;:~~~:t:;l~i~...~~;;:!~'" 5~4 ...., '3 I 80,1331 .(;.i?'/tU?R.jl, .~~ u ufIGE ~..:J ;;1 -f Witness WItness EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland Couniy, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4,1963. BEGINNING at an iron pin on the East side of York Street at the intersection of the Eastern sh'eet line of said South York Street with the line of land formerly of Charles Eichelberger, now of Charles Keim and wife; thence albng the line of said land North Seveniy-four (74) degrees tweniy nine (29) minutes East one hundred sixty-one (161) feet to a post on the Western line of a tweniy (20) foot public alIey; thence along the Western line of said alley South fifteen. (15) degrees East thiriy-one and five-tenths (31.5) feet to a point on the line of land formerly of Miss Nell Morrett, now of Robert Alexander and wife; thence along the line of said land through the center of a double frame garage and beyond South seventy-five(75) degrees one (1) minuteWest one hundred sixiy-one (161) feet to a point on Eastern street line of South York Street, aforesaid (this last mentioned point being one hundred nineiy (190) feet north of West Marble Street); thence along said York Street North fourteen (14) degrees fifiy-nine (59) minutes West thirty (30) feet to an iron pin, the place of Beginning. BEING THE SAME PREMISES which Gary W. Swanger and Beverly A. Swanger, husband and wife, by their Deed dated the ';:. '/i'lday ofL, ' j , 1996, transferred and conveyed unto Patrick B. Schild and intended to be recorded in Cumberland Couniy Records Office immediately following settlement. Bood3J3rAGE 147 ~I ,,- 0""" 099999-00011/3.15.01/RWS/DCP/144382.1 VERIFICATION I, D("'vo L. t~ , \)e~lL&..RH.se...j..,~Of Waypoint Bank, the Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification authorities. ~ u " "'it, SHERIFF'S RETURN - REGULAR CASE NO: 2001-01817 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS SCHILD PATRICK B STEVEN M WHISTLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHILD PATRICK B the DEFENDANT , at 1745:00 HOURS, on the 3rd day of April 2001 at 431 S YORK ST MECHANICSBURG, PA 17055 by handing to PATRICK SCHILD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.58 .00 10.00 .00 33.58 ,<"' .-o,,(.~ 4t ..;;;,,'~';;.<d>('~ .'_-- "".;,,' ',-' ',: . ' -<.""".J!~;'~1~'/"~;~#-";::- '-J '" ,iI R. Thomas Kline 00/00/0000 Sworn and Subscribed to before BY~,~ 44 [{).bk Deputy Sheriff me this ,;1.'1 ~ day of _~ A.D. q..,. () hAjj,., AQp~ Prothonotary .." . .' % .\.. -. .~ J" lel-"-I ",,^'-,," ' "~;,;. 002905-00868/6.25.01/RWS/DCP/147524 '.- ..... . 1 W A YPOINT BANK, formerly known as HARRIS SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff NO. 01-1817 ClVlL TERM v. ClVlL ACTION - LAW PATRlCKB. SCHILD, IN MORTGAGE FORECLOSURE Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment by default in favor of the Plaintiff, and against the Defendant Patrick B. Schild in the amount of $87,742.03 with interest at the rate of 7.375 percent per annum from March 6, 2001, and costs, by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a notice to defend. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, Patrick B. Schild, at his last known address, 431 S. York Street, Mechanicsburg, PA 17055 on June 4, 2001; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice, together with receipts for mailing, are attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: .1JtJ /hI.J!i&- Richard W. Stewart Attorney LD. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Dated: W' ~5-0 \ ,I ~I ',,~ ", - ""~---i 002905-00868/6.4.01/RWS/DCP/145637 ... .l - . W A YPOINT BANK, formerly known as HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA NO. 01-1817 v. CIVIL ACTION - LAW PATRlCKB. SCHILD, IN MORTGAGE FORECLOSURE Defendant TO: PATRICK B. SCHILD, 431 S. York Street, Mechanicsburg, Pennsylvania 17055 DATE OF NOTICE: June 4,2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING wrrn THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU wrrnOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGillS. YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By 4uf'4I/ ~ Richard W. Stewart Attorney LD. No. 18039 Third and Market Streets P. O. Box 109 Lemoyne, PA 17043-0109 (717-761-4540 Attorneys for Plaintiff --~"""~~,",,,,,,,,,,,,,,..".,,._", I! "I''r I \ : i)j:i.~}.;~,,, .;'i-., ,1 I I'?"", ""'''0 i r~';;iL~~J~ ~ \ VJl V.~\ 1) J ~'tj. !~ Q. I \1'~~""" (;;t I ~J" ,<~...~..._/ ~.~- ,~~ U .' - ~ ~E .... J-'" , jj: co ~IC LU ~ -~ ~ ------- ('\" . Iii'" '" \' \ ~",z...g -.:J --....... "'!l:a:CCct ~ \. wotirna: ~.... ~ a:z_c~ "' '...:::J ~ g=ffi~a: --=+s\ cCCJl:lCIl:lCIQ ~ ....z:E~u.. ~~~~e !:!li:='" u.. uw"" U") ~:e::::":::a= V) .....rn....z o ;I:CJCJ:::a ~ -cCzz. 0000 CI ..11 00 ..... ~ :;l <1) ~ PE-<>'< ~ . ~~~ U. iXI """"<1) Ili ~ ~u :>40 u:>< EuitJ <t:;:;;f1l >'<'<t:2 ..... ;:r Ln Ln Ln nJ CI CI CI CI ..11 CI CI CI CI r- ~ Z ell 8 0 ~ 9 '" GSl 'l' b 0 E-< f'l." l- t:>:: f'l' I~ "'~~I~;5 t.l.-1 p I'I)J..-l Z U~b'><':< it E-< f'l 0 i:i O"'~l'l>< ~~~ok.~ ~~~ ~ f'l' 't<::::'~\ Z ~~, ,f<~~~~~ o \~~.~ "'\~\"'9~ ~ ,)"'=.P,\--.." Z ~~",;;.,,,, 23 ~~",'?0 -~....~ 1.':1 .:::- 1:;1' ..,;. I 1;';1 I{.i (;) r.... .,.., ,~. I ,'I~.I .... , CI ,1-0. ~ ' c[] \Ir-"f t ~.--"'I i .:::t' ~ lJ1 U'J Postage Certified Fee $ $0.3. $1.90 .., ..lj~U ~.Ii,"i-;;c , ,Ln Jru 'C1 CI Return Receipt Fee (Endorsement Required) Restricted Delivel)l Fee {Endorsement Required) 'Ii' ,. ~ $1.50 $0.00 CI CI t'-.Il io ! Ie 10 Ie ir"'- Total Postage & Fees $ $3: 74 Recipient's Name (please Print Clearly) (to be completed by mailer) --Patrick.B."Schild.",m....,.,..m.m,m,.""..m..m St"~tlApt. No.; ~,PO ~ox ~t 4,j S. YOrK '>' reet ~~~i~~~~~";~mI705'5m....... ."'."..'''''''''' ";i; 002905-00868/8.21.01/RWSIDCP/149130 W A YPOINT BANK, formerly known as HARRIS SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff NO. 01-1817 CNIL TERM v. CNIL ACTION - LAW PATRICKB. SCHILD, IN MORTGAGE FORECLOSURE Defendant MOTION TO AMEND COMPLAINT The Movant, Waypoint Bank, by its attorney, Richard W. Stewart, moves that Your Honorable Court allow the Movant to file an Amended Complaint in the form attached hereto as Exhibit "A" and allow the Movant to serve upon Dimitra Schild and in support thereof sets forth the following: 1. Movant filed a Complaint to the above captioned term and number in mortgage foreclosure on March 28, 2001. 2. Judgment against the Defendant, Patrick B. Schild, was entered on July 1, 2001. 3. Subsequent to the time that the Movant's mortgage was recorded the Defendant, Patrick B. Schild, placed the property in joint names with his wife, Dimitra Schild. A true and correct copy of the Deed is attached hereto as Exhibit "B". 4. As a record owner of the property Dimitra Schild should have been named as a Defendant. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: .~ $.dia- Richard W. Stewart AttorneyLD. No. 18039 301 Market Street P.O. Box 109 Lemoyne,PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff ",,'e_, ,"'--, _" ~ ' "0" _",." I" ,~ ~ -.'l,;<'1 - ",,'"~ -"", , -' ,- '~, "-'-\<J;:>;'- '~~i:, 002905-00868/8.21.01/RWSIDCP/149042.1 CERTIFICATE OF SERVICE I, Richard W. Stewart, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for Movant, do hereby certify that I served a true and correct copy of the attached Motion by United States Mail, fIrst class, postage prepaid, upon the counsel listed below: Dimitra Schild 5005 Seneca Drive Mechanicsburg, P A 17055 Patrick B. Schild 431 S. York Street Mechanicsburg, PA 17055 JOIINSON, DUFFIE, STEWART & WEIDNER Dated: August 1. \ ~200 1 BY: ~$Jljb Richard W. Stewart 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ill No. 18039 Attorneys for Movant ---...-< lu 6....1 ",,d ~.-. ,~ , '.+U],r 099999-00011/8.21.01/RWS/DCP/144382.1 W A YPOINT BANK, formerly known as HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA NO. 01-1817 v. ClVlL ACTION - LAW PATRICK B. SCHILD and DIMlTRA SCHILD IN MORTGAGE FORECLOSURE Defendants NOTICE TO DEFEND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action witltin twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WIlERE YOU CAN GET LEGAL IlELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Permsylvania 17013 Telephone: (717) 249-3166 EXHIDIT nAn -'-'" l-II "--'~ , ,-' . ,-,~ _"h_'__~ 1~:- 099999-00011/3.15.01/RWS/DCP/149132 WAYPOINT BANK, formerly known as HARRIS SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff NO. 01-1817 v. CIVIL ACTION - LAW PATRICKB. SCHILD andDlM1TRA SCHILD IN MORTGAGE FORECLOSURE Defendants AMNEDED COMPLAINT 1. TIle Plaintiff, Waypoint Bank, hereinafter sometimes called "Mortgagee", is a federal savings bank with a principal place of business at 2nd and Pine Streets, Harrisburg, Dauphin County, Pennsylvania. The Plaintiff was formerly known as Harris Savings Bank. 2. The Defendant, Patrick B. Schild, hereinafter sometimes referred to as "Mortgagor", IS an adult individual residing at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendant, Dimitra Schild, is an adult individual residing at 5005 Seneca Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. On July 24, 1996, the Mortgagor became the owner of a tract of land and the buildings thereon hereinafter called the "land" located at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania by virtue of a Deed recorded in Cumberland County Deed Book 143, Page 289. 5. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 6. On August 15, 1996, the Defendant, Patrick B. Schild, conveyed the land to himself and his wife, Dimitra Schild, by virtue of a Deed recorded in Cumberland County Deed Book 144, Page 417. 7. On July 24, 1996, in consideration of a loan of Eighty-Three Thousand ($83,000.00) Dollars made by the Mortgagee to the Mortgagor, Patrick B. Schild, the said Mortgagor executed and delivered to the Mortgagee, a note secured by a Mortgage on the land obligation the Mortgagor to pay the Mortgagee the principal sum together with interest at a variable rate as determined from time to time on the unpaid balance in monthly installments as set forth in """"..~.. . =-, ~~J", ",-11...;.1' ,~~<, ~,-~ "-' .-~ .....-~"i} 099999-00011/3.15.01/RWS/DCP/149132 the Note. The Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1333, Page 142. A copy of said Mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference. 6. The Defendant Mortgagor, Patrick B. Schild, and the Defendant, Dimitra Schild, are in default on the mortgage in that tlIey failed to make monthly payments as required from and after November 1,2000. 7. The Defendants are the present real owners of the land. 8. Under the terms of the Mortgage, the Defendants are also obligated to pay Plaintiff the expenses of collection including reasonable attorney's fees. 9. The usual and customary charge by attorneys for the collection of a delinquent mortgage is five (5%) percent of the unpaid balance of the mortgage. 10. The amount due the Plaintiff under the mortgage is computed as follows: Principal balance $79,267.50 Interest from October 1, 2000 through March 6, 2000 2,498.55 Escrow deficiency 1,683.15 Late charges 114.64 5% Attorney's commission 4.178.19 TOTAL $ 87,742.03 11. The Plaintiff has complied with the provisions of Section 403 of Act No.6, 41 P.S. 403. 12. The Plaintiff has complied with the provisions of Section 403-C oftlIe Act of December 23, 1983, PL. 385 No. 91, 35 P.S. Section 1680A03c. 13. The Defendants have failed to meet the time limitations specified by Section 403-C of the Act of December 23,1983, P.L. 385, No. 91, 35 P.S. 1680A03c. __"",,,"'_rl~ , , I I:"'~ ~' '~ -1"~''-- O~9999-00011/3.15.01/RWS/DCP/149132 14. The Defendants are not members of the Armed Forces of the United States and are not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Eighty-Seven Thousand Seven Hundred Forty-Two and 031100 ($87,742.03) Dollars together with interest thereon at the rate of 7.375 percent from March 6, 2001, and the costs ofthis suit. Respectfully submitted, JOHNSON, DUFFlE, STEWART & WEIDNER By: Richard W. Stewart AttorneyLD.No.18039 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff --,......._..0- ' II I ~ '-''',.," 'Il~;' 099999-00011/3.15.01/RWSIDCP/149132 VERIFICATION r, of Waypoint Bank, the Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification authorities. ,,=_.~- ~ '- '"-I' ,.-~-, 099999-00011/3.15.01/RWSIDCP/149132 EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4, 1963: BEGINNING at an iron pin on the east side of York Street at the intersection of the eastern street line of said South York Stteet with the line of land formerly of Charles Eichelberger, now of Charles Keim and wife; Thence along the line of said land North 74 degrees 29 minutes East 161 feet to a post on the western line of a 20 foot public alley; thence along the western line of said alley South 15 degrees East 31.5 feet to a point on The line of land formerly of Miss Nell Morrett, now of Robert Alexander and wife; thence along the line of said land through the center of a double frame garage and beyond South 75 degrees 1 minutes West 161 feet to a point on the eastern street line South York Street, aforesaid (this last mentioned point being 190 feet north of West Marble Street); Thence along said York Street North 14 degrees 59 minutes West 30 feet to an iron pin, the place of BEGINNING. BEING TIlE SAME PREMISES which Gary W. Swanger and Beverly A. Swanger, husband and wife, by their Deed dated July 24, 1996, and recorded in Cumberland County Deed Book 143, Page 289, transferred and conveyed unto Patrick B. Schild, Defendant herein. ALSO BEING TIlE SAME PREMISES which Patrick B. Schild and Dimitra Schild, by Deed dated August 15, 1996, and recorded in the Office of the Recorder of Deeds of Perry County in Record Book 144, page 417, granted and conveyed unto Patrick B. Schild and Dimitra Schild, Mortgagors herein. TAX PARCEL NO. 20-24-0785-411 ~'-'-' idlIiJtill;; . I ""I Co'.' --k, Scbilcl,dec(realestatelaur) rnrcel No. 20_24_0785_411 0l;>1 \ 9 1 THIS DEED made the 15th day of August, 1996. BETWEEN PATRICK B. SCHILD and DlMITRA SCHILD, wife and husband, of 43 I Soulh York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, Party of the First Part, GRANTOR, -AND- PATRICK B. SCt-lILD and DlM[TRA SCHILD, husband and wife, of 43 I Soulh York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, Party of the Second Part, GRANTEE, WITNESSETH, That the said GRANTOR for and in consideration of [he sum of One and nol100 ($1.00) Dollar and natural love and consideration, and other good and valuable considerations paid by the said GRANTEE [0 the said GRANTOR, at and before the signing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, and convey unto [he said GRANTEE and GRANTEE'S heirs, successors and assigns the following described premises: ALL THAT CERTA[N piece 01' parcel of land, siluale in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by William B. Whitlock, Professional Engineer, dated June 4, 1963, as follows: BEGINNING at an iron pin on the east side of York Slreet at the intersection of the eastern street line of said Soulh York Street with the line of land formerly of Churles Eichelberger, now of Charles Keim and wife; thence along the line of said land, North sevenly-four (74) degrees twenty-nine (29) minutes East, one hundred sixty-one (WI) feet 10 a post on Ihe western line of a twenly (20) foot public alley; thence along the western line of said alley, Soulh fifteen (I 5) degrees East, thirty-one (3]) and five-tenths (31.5) feet to a point on the line of land formerly of Miss Nell Marrett, now of Robert- Alexander and wife; lhence along the line of said land through the center of a double frame garage and beyond, South sevenly- five (75) degrees one (I) minute West, one hundred sixly-one (I61) feet to a point on lhe eastern streelline of South York Slreet, aforesaid (this last mentioned point being one hundred ninety (I90) feet norlh of West Mable Street); thence along said York Street, North fourteen (I4) degrees fifty-nine (59) minutes West, thirty (30) feet to an iron pin, the Place of Beginning. HAVING THEREON ERECTED a 1 1/2 story brick dwelling house and garage knoWll as 431 South York Street, Mecha.1licsburg, Pennsylvania 17055. BEING THE SAME PREMISES which Gary W. Swanger and Bevel'ly A. Swanger, his wife, by their deed daled July 24, 1996 and recorded on July 26, 1996 in the office of the Recorder of Deeds in and for Cumberland County in Deed Book 143, Page 289, granted and WOK 144 PAGE 41.7 EXHIBIT "B" ~~ - h " l_A""I. ",-", -"~ jJelilf;' .~--,' conveyed unto Patrick B. Schild, one of the Grantors herein. Patrick B. Schild and Dimitra Schild are husband and wife and therefore this transaction is exempt from realty transfer tax. TOGETHER with all buildings, improvements, woods, ways, rights, liberties, privileges, hereditaments and appurtenances, to the same belonging, or in any way appertaining, and any revisions, remainders, rents, issues and profits thereof, and of every part and parcel thereof, including any interests specifically set forth herein, if any. And also, all the estate, right litle, interest, properly, possession, claim and demand whatsoever, both in law and cquily, of the GRANTOR of, in and to the same. TO HAVE AND TO HOLD Ihe .,aid premises, and the appurtenances, hereby granted 10 GRANTEE and GRANTEE'S heirs, successors and assigns, to and for the only proper use, benefit und behoof of lhe said GRANTEE and GRANTEE'S heirs, S\.1ccessors and assigl1s forever, under and subject to the conditions set forth herein, if any. AND the said GRANTOR hereby covenant., and agrees that GRANTOR will specially warnlnt the property hereby conveyed. ' IN WITNESS WHEREOF, the said GRANTOR has hereunlo sel GRANTOR'S hands and seals the day und year first above writlen. StGNED, SEALW AND DELIVERED tN THE PRESENCE OF WtTNESS: ~~ , ~c~ ~- -( '.n 1 ,. (')- 1, :~\~_ \d :.:: , r,"::-J ..0 :,',;0 ..: !':: Cl ~;: ~~:{ 5 ~:~' :;~ .. , .-l <:'1): N. .-l e::: ll- :0 ,-; -~ 51 =. <D en BOOK 144 P;\GE 4J8 """ w.-o _~~. . JIl - -, > j 11'1 . , '. . ~J.ii~ ****************************************************************************************************************** STATE OF PENNSYLVANIA SS. COUNTY OF DAUPHIN ON THE 15th day of August, 1996, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared PATRICK B. SCHlLD and DIMITRA SCHILD, husband and wife, known to me (or satisfactorily proven) to be the persons whose name are subscribed to the within instrument, and acknowledged rhat they executed rhe same for the purposes therein contained, and desired the same might be recorded us such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~C)J'k(L Notary Public My Commission Expires: NOT AAIAL SEAL STEVE C. NICHOLAS, Notary Public ,City of Har~isburg, DAuphin County My Commlssl:>n Expires Sep!. 25, 1999 ****************************************************************************************************************** CERTIFICATE OF RESIDENCE I hereby certify Ihat the address of the Deed herein contained is: 431 South YorkS!rcel Mechanicsburg, PA 17055 ~ ( <1J. ' LA----- / Attorney for Granlee ****************************************************************************************************************** RECORDED in the Office for Recording of Deeds in and for Cumberland Counly, Pennsylvania in Record Book~, Page y \ -, . ~&~-r t? ~~ Re~r of Deeds WITNESS my Hand and Seal of Office, Ihis.1JcL day of Pi I.:lJ BOoli 144 PAGE 419 "12,. ...,1 <.,,). _I ~""'~,,".,~ '-,,-~, "'J -. "' '10" 002905-00868/8.21.01/RWSIDCP/149135 II\UG 2 2 20~ W A YPOINT BANK, formerly known as HARRIS SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff NO. 01-1817 CIVIL TERM v. CIVIL ACTION - LAW PATRICKB. SCHILD, IN MORTGAGE FORECLOSURE Defendant ORDER AND NOW this ~t.I~ dayof ~ , 200 I, upon consideration of the within Motion of Waypoint Bank, the Plaintiff is given leave to amend its Complaint as set forth in its Motion. BY .~ tj'" J. . ~ I . . ~~.~~~~m~~;;~~flIllll11i&=~- -~- - 1;II1\1\:ii\lASNN3d I !' Il"rf ("'.'.'-" :"I"'A'n~ 1\.l1\1' .),_ ,\ <,'\ .. ;~':~'r:y'rl ...J il.i .f) 'I'" 7" 1'1 I r ,'l.U '. iT .:'~~,jrl~l ,~; ,1'.H<t~..-!, & i "~_'~ ;,_)1-.2"!;tJf"y~:J;",, Jp'j"~X,,JL,[~_~:1.~,,, ,,_-,.-,.,,~~UM,,"1' j_1~-',,.,,,,, -,-_" '0 ,'.'_",",~,," ,"-,~ p <, ,_ ~" !JS . 'V'"'~; 099999'00011/8.21.01/RWS/DCP/144382.1 W A YPOINT BANK, formerly known as HARRIS SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff NO. 01-1817 v. CIVIL ACTION - LAW PATRICK B. SCHILD and DIMlTRA SCHILD IN MORTGAGE FORECLOSURE Defendants NOTICE TO DEFEND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IlELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ~~ - I --" ,-~- .. NM',,",~ "< '-"""'~--"ii-:, 099999-00011/3.15.01/RWS/DCP/149132 W A YPOINT BANK, formerly known as HARRIS SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff NO. 01-1817 v. CIVIL ACTION - LAW PATRICK B. SCHILD and DlMITRA SCHILD IN MORTGAGE FORECLOSURE Defendants AMNEDED COMPLAINT 1. The Plaintiff, Waypoint Bank, hereinafter sometimes called "Mortgagee", is a federal savings bank with a principal place of business at 2nd and Pine Streets, Harrisburg, Dauphin County, Pennsylvania. The Plaintiff was formerly known as Harris Savings Bank. 2. The Defendant, Patrick B. Schild, hereinafter sometimes referred to as "Mortgagor", IS an adult individual residing at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendant, Dimitra Schild, is an adult individual residing at 5005 Seneca Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. On July 24, 1996, the Mortgagor became the owner of a tract of land and the buildings thereon hereinafter called the "land" located at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania by virtue of a Deed recorded in Cumberland County Deed Book 143, Page 289. 5. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 6. On August 15, 1996, the Defendant, Patrick B. Schild, conveyed the land to himself and his wife, Dimitra Schild, by virtue ofa Deed recorded in Cumberland County Deed Book 144, Page 417. 7. On July 24, 1996, in consideration of a loan of Eighty-Three Thousand ($83,000.00) Dollars made by the Mortgagee to the Mortgagor, Patrick B. Schild, the said Mortgagor executed and delivered to the Mortgagee, a note secured by a Mortgage on the land obligation the Mortgagor to pay the Mortgagee the principal sum together with interest at a variable rate as determined from time to time on the unpaid balance in monthly installments as set forth in '-~, 099999-00011/3.15.01/RWSIDCP/149132 the Note. The Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1333, Page 142. A copy of said Mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference. 8. The Defendant Mortgagor, Patrick B. Schild, and the Defendant, Dimitra Schild, are in default on the mortgage in that they failed to make monthly payments as required from and after November 1,2000. 9. The Defendants are the present real owners of the land. 10. Under the terms of the Mortgage, the Defendants are also obligated to pay Plaintiff the expenses of collection including reasonable attorney's fees. 11. The usual and customary charge by attorneys for the collection of a delinquent mortgage is five (5%) percent of the unpaid balance of the mortgage. 12. The amount due the Plaintiff under the mortgage is computed as follows: Principal balance $79,267.50 Interest from October 1, 2000 through March 6, 2000 2,498.55 Escrow deficiency 1,683.15 Late charges 114.64 5% Attorney's commission 4.178.19 TOTAL $ 87,742.03 13. The Plaintiff has complied with the provisions of Section 403 of Act No.6, 41 P.S. 403. 14. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680A03c. 15. The Defendants have failed to meet the time limitations specified by Section 403-C of the Act of December 23, 1983, P.L. 385, No. 91, 35 P.S. 1680A03c. - ~'.",," .,.., ~ '"'I -- ,'- 0" rr_ ~ ' ~-~,-~ ,--'.,^ ".r-~" 099999-00011/3.15.01/RWS/DCP/149132 16. The Defendants are not members of the Armed Forces of the United States and are not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Eighty-Seven Thousand Seven Hundred Forty-Two and 031100 ($87,742.03) Dollars together with interest thereon at the rate of 7.375 percent from March 6, 200 I, and the costs of this suit. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: -:#/~-A- Richard W. Stewart AttorneyLD. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff ,~ ~I ~~ .-----"'; 099999-00011/3.15.01/RWS/DCP/149132 EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4, 1963: BEGINNING at an iron pin on the east side of York Street at the intersection of the eastern street line of said South York Street with the line of land formerly of Charles Eichelberger, now of Charles Keim and wife; thence along the line of said land North 74 degrees 29 minutes East 161 feet to a post on the western line of a 20 foot public alley; thence along the western line of said alley South 15 degrees East 31.5 feet to a point on the line of land formerly of Miss Nell Morrett, now of Robert Alexander and wife; thence along the line of said land through the center of a double frame garage and beyond South 75 degrees I minutes West 161 feet to a point on the eastern street line South York Street, aforesaid (this last mentioned point being 190 feet north of West Marble Street); thence along said York Street North 14 degrees S9 minutes West 30 feet to an iron pin, the place of BEGINNING. BEING TIlE SAME PREMISES which Gary W. Swanger and Beverly A. Swanger, husband and wife, by their Deed dated July 24, 1996, and recorded in Cumberland County Deed Book 143, Page 289, transferred and conveyed unto Patrick B. Schild, Defendant herein. ALSO BEING TIlE SAME PREMISES which Patrick B. Schild and Dimitra Schild, by Deed dated August 15, 1996, and recorded in the Office of the Recorder of Deeds of Perry County in Record Book 144, page 417, granted and conveyed unto Patrick B. Schild and Dimitra Schild, Mortgagors herein. TAX PARCEL NO. 20-24-0785-411 I ~,_..- ~ ." .H " ~I ~,~" ,- " /v ,..."J ,..J, ') ~; I :> ,'). IV,',{. 'I 2C:::[1~T :'. ;~!E:;L~:.!\ !1~C(J.RDEn OF DEEDS f.;U ,I.! BEf'{UdlD COUNTY - r';~ '96 JUL 20 fll~ 11 36 (Space Above This Line For Recording Dala) o \ .S- () () 1'-'1 'Y MORTGAGE THIS MORTGAGE rSecurity Instrument") Is given on ......JlI.ly...........,...."',.....,;?4,..,.,.,.............................,........................""..., ."".....J.~.~R........ , The mortgagor Is ,,,,,.,,..,,..,,.,,,,.........,P..atr.1CK.S,,.Spbild"....,,,.....,,,,,,.......................".."..."..........."..""."",.""",."...,..".,,,,,,,,,,,.,,.,..................."""...:"..." ~;~'~~~~;;~~.i~~~~;:;:~~~';~~;~:'~,.;;'~:::::::::::::::::::::::Har.rts:.Sa;;jnas::e:;x;~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:::::::::::::::::::::::::::::::::::::::::::::.,~~~~~,~,~~ Whl~~';~.~.~~~;;;~'~~~. ~~;~~;~~.~~~~;'~~:. ;~~'~' ~~."":.'''.':.e.~:ojJ~yiv.aiiia'':'''''''':''''::'':''::'''''':'''''''':''''''........:.~.~~.~.~~;;.~~~~~~';~"..............,::.~'...................~~......~'....,~~'.~....'........................:................... .......................~ecRnd.l\..P.J.ne..S.tr.aels........................I::I.a[dllllurg,.I?A...1.7..1.0.1..............,.........................".....:....,.........,...........' . I"Lend' Borrower owes Lencter the principal sum of .......".........l;lgJ:lfY.,I.tll:(;l~.Jho.usand.at1li.nQ/J.O.Q..""...."...""',,,,,....,..,,."'.....,...,,:::::.::::::::::::::::.,,,.......,.. ................................................................................:.....................................,...,.......................................... Dolle.. (U.S. $ ......a~.oo.o,O.O.....,....................,.. ) This debt Is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provIdes for monthly paymems, with the fuU debt, If nol paid earller. due and payable on ....8Ug.USt...,~...,...J....?gg(t..."..,."''''''................''' . This Security Instrument secures to lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensIons and modlficatlons of the Note; (b) the payment of all other sums, with inlerest, advanced under paragraph 7 to protect the security of Ihls Security Instrument: and (c) the performance of Borrower's covenants and agreements under this Security Instrument anct the Note. For this purpose, Borrower does hereby mortgage, grant and convay to Lender the followIng described property located In ........."......"......CUmb.e.t1iind..."..........m.....'... County, Pennsylvania: which has the address of "...".43J...~,,,Y.ork..sW~.eL.."',,.,,..:.,,.""'..m..'.."".......,,,..,..........."'., .............,...Me.ch.alJJ.G~b[CW,t1]1.".,.,......,.".".."....,..,' . [Street] yT Pennsylvania .,.."........1ZQ5.Q"",.........."................. rProperty Address"): (2IpCode] TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, afld fixtures now or hereafter a part of the property, All replacements and addillons shall also be covered by this Security Instrument. All of the foregoing Is referred to In this Security Instrument as the "Property.o ' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has 1he right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and wli1 defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by Jurisdiction to coostltule a uniform security Instrument covering real property. PENNSYLVANIA-Single Fllmlly-FNMNFHLMC UNIFORM INSTRUMENT PA01.FRM (OJ/91) FrrECH PIIge10fSpIIges Form3DJ99f- EXHIBIT "B" Bod333 PAGE 1<12 ""'""""""""~, , -~,'"~ ~ " - '~-;lIiIiiiililllllli>>il,-,,'1 '<I --~'~"--~' Jilt;[ J . UNIFORM COVENANTS. Borrower and Lender covenant and Bgree es follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower sh'all promptly pay when due the principal of and In1erest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applioable law or to a wrilten waiver by Lender, Borrower shall pay to Lender on Ihe day monthly payments are due under the Note, until the Naie is paid in full, a sum rFunds.) for: (aJ yearly taxes and assessments whIch may attain priority over this Security Instrument as a lien on !he Property; (b) yearly le8gehold payments or ground rents on the Property, if any; (c) yearly ha4B.rd or property Insurance premiums; (d) yearly flood Insurance premiums, If any, (e) yearly mortgage Insurance premiums, If any; and (f) any sums payable by Borrower to Lender, In accordance with the provisions 01 paragraph 8, in lieu of the payment of mortgage insurance premiums. These lIems are oalled "Esorow hems." Lender may, at any time, collect and hold Funds in an amount not to elr.ceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate SetUement Procedures Act of 1974 as amended from time to time, 12 U.S.C. S 260?at seq, rAESPA"), unless another law that applies to the Funds sets a lesser amount. If so, lender may, at any time, coUect and hold Funds In an amount not to exceed the lesser amount. Lender may esUmate the amount of Funds due on the basis of current data and reasonable estimates of expenditures 01 future Escrow Items or otherwise In accordance with applicable law. The Funds shall be held in an Institution whose deposIts are insured by a federal agency, Instrumentality, or entity (IncludIng Lender, If Lender is such an Institution) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items, lender may not charge Borrower for holdIng and applying the Funds, annuellyanalyzlng the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time oharge for an independent real estate tax reporting service used by Lender in connection with thIs loan, unless applicable law provides otherwise, Unless an agraement Is made or applicable law requires Interest 10 be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree In writing, however, Ihat Interest shall be paid on the Funds, Lender shall give to Borrower, without oharge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit 10 the Funds was made. The Funds are pledged as addlUonal securiiy for all sums secured by this SecurUy Instrument. It the Funds held by Lender exceed the amounts permitted to be held by applicable law, lender shall acoount to Borrower for the excess Funds In accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time Is not suHlcient to pay the Escrow Items when due, lender may so notify Borrower In writIng, and, In such case Borrower shall pay to Lender the amount necessary to make upthe deficIency. Borrower shall make up the deflclenl?Y In no more than twelve monthly peyments, allender's sole discretion. Upon peyment In full of all sums secured by 1hls Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shaH acquire or sell the Property, Lender, prior to the acquIsitIon or sale of the Property, shall apply any Funds held by Lender at the time of acqulslUon or sale as a credit against the sums secured by thIs Security Instrument. 3. Application of Payments. Unless appl1cable,law provides otherwise, all peymenls received by Lender under paragraphs 1 and 2 shall ba applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, 10 Interest due; fourth, to princIpal due; and last, to any late charges due under the Nole. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and lmposltlons attrlbuteble to the Property which may attain priority over this Security Instrument, and leasehold payments or ground renls, If any. Borrower shall pay these obligations In Ihe menner provided in paragraph 2, or If not paid tn that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly fuml~h to lender aU notices of amounts to be paid under this paragraph. 11 Borrower makes these payments dlreclly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any Hen which has prIority over this Security Instrumant unless Borrower: (a) agrees in writing to the payment of the obllgatlon ~ecured by the lien in a manner acceptable to Lender; (b) contests In good faith the lien by, or defends against enforcement of Ihe Hen in, legal proceedIngs which In the Lender's opinion operate 10 prevent the enforcement of the lien; or (cJ secures from the holder of the lIan an agreement sal1sfactory 10 lender subordInating the lien to this Security Instrument. [I lender determines that any part 01 the Property Is subject to a lien which may altain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the acllons set forth above within 10 days of 1he giving of notloe. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hezards Included within the term "extended coverage" and any other hazards, Including floods or flooding, for which lllnder requIres InsuranCl'l. This Insurance shall be maintained In the amounts and for the periods that Lender requires. The insurance carrier providIng the Insurance shall be 'chosen by Borrower subjeclto lender's approval which shell not be unreasonably withheld. If Borrower falls 10 malntalf! coverege described above, lender may, at Lender's option, obtain coverage to protect Lender's rights In the Property in accordanoe with paragraph 7. All insurance pol1c1es and renewals shalfbe acceptable to Lender and shall Include a standard morlgage clause, Lender shall have the right to hold the policies and renewals. If lender requires, Borrower shall promptly gIve 10 lender ail receipts of paid premIums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and lender. Le~der may make proof 01105s If not made promptly by Borrower. Unless Lender and Borrower otherwIse agree In writing, insurance proceeds shall be applied to restorallon or repair of the Property damaged, If the restore lion or repair Is economically feasible and lender's security Is not lessened. If the restoration or repair is not economically feasible'or Lender's security would be lessened, the insurance proceeds shall be applled to the sums secured by this Security Instrument, whether or not then dUB, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or 10 pay sums secured by this Securlly Instrument, whether or nol then due. The 30-day period will begin when the notIce is given. 'Unlesslender and Borrower otherwIse agree in writing, any application of proceeds to principal shall not elltend or postpone the due date of the monlhly payments referred to In paragraphs 1 and 2 or change Ihe amount of Ihe payments. It under paragraph 2,1 the Property Is acquIred by Lender, Borrower's right to any Insurance policies and proceeds resulting from damage to the ProperlY prior to the acquisition shall pass te. lender \0 the ellte-nt at the sums secured by this. S!!curity Instrument Immediately prior to the acqulslllon. PAOll.FRM (03/91J FiTECli f'agll2 of 5 pllges Form 3039 !lJ9D BOOK1333 PAGE 143 . .~~" .. , ,~-.;.. ~1~"""""'~IiiII.' I I ,0';"--"- '-'- '''':'''''':t' 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Appl1cation' Leaseholds. Borrower shall occupy, establish, and use the Property es Borrower's principal residence within sixty days after the eXSClJl;On 01 this ~ecurlty Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of OCCUpancy, unless lender otherwise Bgrees in writing; Which consent shall not be unreasonably withheld, or unless eXlenuatlng circumstances exist which are beyond Borrower's control, Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall ba in default If any forfeiture Bellon or proceeding, whether civil or criminal, Is begun that in lender's good faith judgment could result in forfeiture of the Property or olherwlse materially Impair the Hen created by this Security Instrument or lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In lender's good ialth determination, precludes f~rfeiture of the Borrower's interest in the Property or other material Impairment oi the l1en created by this Security Instrument or lender's security Interest. Borrower shall also be In default If Borrowar, during the loan appllcaUon process, gave materially false or Inaccurate Information or statements'to lender (or failed to provide Lender with any material Information) In connection with the loan evidenced by the Note, Including, but not limited to, representations concerning BorrOwer's occupancy of the Property as a prIncIpal residence. If this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions 01 the lease, If Borrower acquires fe9tltl9 to the Property, the leasehold and theiee title shall not m~rge unless Lender agrees to the. merger In wriling. 7. Protection of Lender's Rights in the Property, If Borrower falls to perform the covenants and agreements contalna-d In this ~ecur!ty InslrUment, or there Is a legal proceeding that may significantly affect Lender's rights In the Property (such as a proceeding in bankruptcy, probate, for condemnation or iorfeiture or to enforce laws or regulalions), then Lender may do and pay for whatever is necessary to protect the value of the Properly and lender's rights in the Property. lender's actions may include paying any sums secured by a lien which has prlorlty over this Security Instrument, appearing in court, paying reasonabte attomeys' fees and entarlng on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Inslrument. Unless Borrower and lender agree to other terms of payment, these amounts shall bear interest from the dale 01 disbursement at the NOle rate and !Shall be payable, with Inlerest, upon notlce from lender to Borrower requesting payment . 8. Mortgage Insurance. If lender required mortgage insurance as e condillon of making the loan secured by this Security Instr\Jment, Borrower shall pay the premiums required to maintain the mortgage Insurance in effeol. If, for any reason, Ihe mortgage Insurance coverage required by lender lapses or ceases to be in effect, Borrower shall pay the premIums required to obtain coverage subslanllally equivalent to the mortgage insurance previously In effect, at a cost substantIally equlvelent to the cost to Borrower of the mortgage Insurance prevIously In effect, from an allernate mortgage Insurer approved by lender. II substantially equivalent mortgage Insurance coverage Is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth 01 the yearly mortgage Insurance premium being paId by Borrower whe" the Insurance coverage lapsed or ceased 10 ba In effect. lender will accept, use and retain these payments as a loss reserve In 1lelJ oi mongage insurance. loss reserve payments may no ionger be required, at the option of lender, if mortgagslnsurance coverage (In Ihe amount and for the perIod that lender requires) provided by an Insurer approved by lender again becomes available and Is obtained. Borrower shall pay the premiums required to malnlaln mortgage Insurance In effect, or to provide a loss reserve, untlllhe requirement ior mortgage insurance ends In accordance with any wrltlen agreement between Borrower an~ lender or applicab\elaw. 9. Inspection. Lender or lis agent may make reasonable entrIes upon and Inspections of the Property, lender shaH give Borrower nollCle at the time of or prior to an inspection specifying reasonable cause for the InspectIon. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation or olher taking of any part of the Property, or for conveyance In lieu of condemn;ation, are hereby assigned and shall be paid 10 Lender. In the event of a t01a1 taking of the Property, the p~oceeds shall be applied to the sums secured by this 'Securlty Instrumenl, whether or not then due, with al:Jy excess paid to Borrower, In the event of a partial taking of the Property In which the fair market value of the Property Immediately belore the taking Is equal to or greater than Ihe amount of the sume eecured by this Security Instrument Immediately belore the taking, unless Borrower end lender otherwIse agree In wrll1ng, the sums secured by this Security Instrument shall be reduced by tlJe amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the takIng, divlCfed by (b) the fair market value of the Property Immediately before the taking. Any balance shall be paid to Borrower, In the event of a partial laking of the Property In which the fair market value of the Property immediately before the taking is less than the amount ?' the sums secured immediately before the tailing, unless Borrower and Lender otherwIse agree In writing or unless applicable law ctherwlse provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, I! tile Property is abandoned by Borrower, or If, after n01lce by lender to Borrower that the condemnor otlersto malie an award or settle a c1ahn lor damages, Borrower f8l1s to respond to Lender within 30 days after the date the notica Is given, Lender Is authorized to oollect and apply the proceeds, at lis option, either to restoration or repair ot the Properly cr 10 the sums secured by this Security Instrument, whether or n011hen due. Unless lender and Borrower otherwise agree in writing, any application cf proc~eds to principal shall not eKtend or postpone the due data of tlJe monthly payments referred to In paragraphs 1 and 2 or change the amount oi such payments. 11. Borrower Not Releasedj Forbearance By Lender Not a Waiver. Extension of the tIme for payment or modification 01 smortizallon of the sums secured by this Security Instrument granted by lender,10 any successor In Interest of Borrower shall not operate to release 1he liability of the origInal Borrower or Borrower's successors In Interast. lender shall not be required to commence prcceedlngs ag'llns! any successor In interest or refuse to exlend time for payment or otherwise modify amortization 01 the sums secured by this SecuTlty Instrument by reason of any demand made by the original Borrower or Borrower's successors In Interest. Any forbearance by Lender In exercising any right or remedy shall not be a waIver of or preciude the exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co~signers. The covenants and agreements of lhls Se~urity Instrument shall bind and benefit the succsssors and assigns of lender and Bcrrower, subject to the provisions 01 paragreph 17. 80trower's covenants and agreements shall be joint and several. Any Borrower who co-slgns this Security Instrument but does not execute the Note: (a) Is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Properly under the terms of this Security InslrUment; (b) Is not personally, obligated to pay the sums secured by thIs Security Instrument; and (c) egrees that lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms 01 Ihis Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. lithe loan secured by this Security Instrument Is su'bleclto a law which sels maximum loan charges', and that law Is finally interpreted so that the interest or other loan charges collected or to be collecled in connectlon with the loan exceed the permitted Ilmils, then: (al any such loan charge shan be reduced by the amount necessary to reduce the charge to the permUted limit; and (b) any sums already conecled from Borrower which exceeded permltled limns will be refunded to Borrower, lender may choose to make this refund by PAfm.FRM 103191) FtTECH Page JolSplIges Form J039 9;9G BOUK1333rAGE H4 [ ~ " 'n "~'. "~ ....~'...I "^ ,~ ,""' "'--"''",,- reducing the prIncipal owed under the Note or by makIng a direct paymenllo Borrower. If a refufld reduces principal, the reducllon will be treated as a partial prepayment without eny prepayment charge under the Note, ' 14. Notices. Any notice to Borrower provided for in this Security Instrument shan be given by delivering it or by marllng It by first class mall unless eppllcable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notlce to Lender. Any notIce to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender desIgnates by notice to Borrower. Any notice provided for In this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided In thIs paragraph. 15. Governing lawj Severability. ThIs SecurIty Instrument shall be governed by federal law and the law of the jurIsdiction in which the Proparty Is located, In the event that any provIsion or clause of this Security Instrument or the Note conflicts with applicable law, such confllct shall not atrect other proviSions of thIs Security Instrument or the Note which can be given effect wllhout the conflicting provisIon. To thIs end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be gIven one conformed copy of the Note and of Ihls Security Ins1rument. 17. Transfer of the Property or a Beneficiallnter'est in Borrower. If all or any part of the Property or any interest In it is sold or transferred (or if a benaflolallnterest In Borrower Is sold or transferred and Borrower Is not a natural person) without Lender's prior written consent, lender may, at Its option, require Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If exerolse Is prohibited by lederallaw as of the dale of thIs Securily Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the nctlce Is delivered or mailed within which Borrower must pay all sums secured by this Securily Instrument. If Borrower falls to pay these sums prior to the expiration of this perIOd, lender may Invoke eny remedIes permlfted by this Security Instrument withoul further notIce or demand on Borrower. 1 S. Borrower's Right to Reinstate. If Borrower'meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a Judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument, In~ludIn9, but not limited to, reasonable attorneys' feeSi and (d) takes such action as lender m~ reasonably require to assure that the lien of this Security Instrument, lender's rights In the Property and Borrower's obligation to pay the sums secured by this Securily Instrument shall continue unchanged. Upon reinstatement by Borrower, Ihis Security Instrument end the obligatIons secured hereby shall remain fully effective as if no acceleration had occurred. However, thIs right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sale of Notej Change of Loan Servicer. The Note or a partialln1erest In the Note (together with this Security Instrument) may be sold one or more times wIthout prior notlce,to Borrower. AlIale may result In a change In the entity (known as the ~Loan SeNlcer") that collecls monthly payments due under the Note and this Security Instrument. There elso may be one or more changes of the loan Servlcer unrelated to a sale of the Note. If there Is a change of the loan Servlcer, Borrcwerwl11 be given written notice of the change in accordance with paragraph 14 above snd applicable law. The notice will state the name and address of the new loan Servlcer and the address to which payments should be made. The notice will also conteln any o~her Imo(matlon required by applicable lew" 20. Hazardous Substances. Borrower shall not cause; or permit the presenoe, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, snythlng affectIng ths Property that Is In violation of any Environmental Law. The preceding two sentences shall not ap~ly to the presence, use, or storage on the Property of small quanlities of Hazardous Substances thai are generally recognized 10 be appropriate to normal residential uses an_d to maintenance of the Property, Borrower shall promptly give lender written notice of any Investigation, claim, demand,lawsult or other action by any governmental Of regulalory agency or prIvate party InvolvIng the Property and any Hazardous Substance or Environmental Law of whIch Borrower has actual knowledge. If Borrower learns, or Is notmed by any governmental or regulatory authority, that any removal or other remedIatIon of eny Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actIons In accordance with Environmental Law. As used In this paragraph 20, "Hazardous Substances" are those substances deflned as toxic or hazardous substances by Environmental law and the following substances: gasoline, kerosene, other flamm:able or tOIClc petroleum products, toxic pesticides and herbicides, volatile . solvents, materlal~ containing asbeslos or formaldehyde, and radioactive materials. As used In this paragraph 20, "Environmental Law" means federel laws and laws of the jurisdiction where the Property Is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. ,Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies, lender shall give notice to Borrower priorto acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). lender shall notify Borrower of, among other things: (a) the defaultj (b) the action required to' cure the defaultj (c) when the default must be curedj and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. lender shall further inform Borrower of the right to reins1ate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default.is not cured as spedfied, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. lender shall be entitled to 'collect all expenses incurred in pursuing the remedies provided In this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permUted by applicable law. 22, Release. Upon payment of all suhls secured by this Security Instrument, this Security Instrument and the estate conveyed shall termInate and become void. After such occurrence, lender shall discharge and satisfy this Security Instrument wlUlout charge to Borrower. Borrower shall pay any recordatIon costs. . 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects In prooeeding"s to enforce fhls Ssct/rity Instrument, and hereby waIves the benem, of any present or future laws providing for stay of execution, extensIon of time, exemption from ettachment, levy and sale, and homestead e)(emption. PA013.FftM (03f.11J FiTECH Page 4 of 5 poges FcrmJllJ9919f1 Bood333 PAGE !:is ~ " ., """~. ~ ,~ , '..oJ' , " ~.- ~.~.,,>+{ 24. Reinstatement Period. Borrower's time to reinstate provIded in paragraph 18 shall extend 10 one hour prior to the commencement of bidding at a sherIff'!: sale or other sale pursuant to this Security Instrument. 25, Purchase Money Mortgage. If any of 111e debt secured by this Security Instrumenl is lent 10 Borrower 10 acquIre title to tl1e Property, thIs Security Instrument shall be a purchase money mortgage, 26. Interest Rate After Judgmi:!nt 8cirroweragrees that the interest rate payable after aJudgment Is entered on the Note or In an acllon of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Securfly instrument, the covenants and agreements of eaoh such rider shall be Incorporated Into and shall amend and supplement the covenants and agreements of this SecurIty Instrument as If the rider(s) were a part of this Se~urity instrument. [Check applicable box(esJ) W Adjustable Rate RIder D CondominIum Rider D 1-4 Family Rider D Graduated Payment Rider D Planned UnIt Development RIder D BIweekly Payment Rrder D Balloon Rider D Rate Improvement RIder D Second Home Rider D Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contaIned In this Security Instrument and In any rlder(s) executed by Borrower and recorded with it. _1 l' , t. <. , , / ' I ~ { , .... . ;1' I fi/-' Ii. J '7.f V' '; , '''; litl., h'lC-0.tI ....."',."""""""."..~1...".""'."'.."..""..",.",....,,,,..........."'............""...(SI PatrIck B. Sct1l1d -Borrow! Wi!nesses:, ..:.................................'....."..."""....."......'''...''..'''......''..... Social Security Number """"..............,....."......"'"................................ ..,."........,...,...,...".".,...."..........................,..",.""......,.............,.,..,."",.(SI -BorroW! SocIal Securrty Number ..."........,........................................... .."'"........""'.....,..."..."..."...............,.......................,,........."....."'.........{S( -Borrowl Social Security Number .."...................".........,...................................... ........................"'.".....,......."................................"'......"..."..,.............(Se -Borrowf Social Security Number .........."."."........................."'.................... [Space Below This Une For Aclmowledgment] QJMM:JNWEI\LTH OF PENNSYLVANIA COUNTY OF DAUPHIN ON THIS, the 24th day of July, 1996, before Ire, a Notary.Public, the undersigned officer, personally appeared PATRICK B. SCHILD, known to Ire (or satiSfactorily proven) to be the person whose nane is subscribed to the within instrurrent, and acknowledged. that he executed the same for the prupose therein contained. IN WITNESS VlHEREXlF'. I have hereunto set my hand and seal. L:' . -" ',,' \" IU~I, .,~~:if/I :,,''-'-~;f.~'n \!l.~'r~!;; if-''; " " _ .ACt:"?, .....J . b--1" ...n~. ..., ',' "tr l~bfi;~i)~' \~ '.;.. .{;;:,-" ".~,u~G~ \~,\) .~ . '::::'.:,:; JOHO\'\:J,~~~~'" 'f.."rIMllll,'~\". O::;;~~1~f< , I' I ( , ,,- .j NOTARIAL SEAL STEVE C. NICHOLAS, Notary Public City of HeTri!!burg, Dallphin Gr>unly My CC!mmission ~E.!p.!~~,~pl. ~~99 _ PA014.FRM (03/91) FrrECH Page 5 at 5 p~ge~ Farm 3039 9/90 BGoK1333 P'lGf 1116 , -'" b.~lj , '^ .."",- --.- ""'6--, V' ~ ....cED/ADJUSTABLE RATERr'....:R (1 Year Treasury Index-Rate Caps--Fixed Rate Conversion ~ption) THIS FIXED/ADJUSTABLE RATE RIDER Is made thIs ..21to............. day of ...JJJI'i....,................,...............J.9.9:6..,..., and Is incdrpotated Into and shall be- deemed to amend and supplement the Mortgage, Dfmd of Trust or Security Daed (tf1e ~Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Axed/Adjustable Rate Note (the :~~~~:k~~o~ii:&:p.iiiil:iiir~:~i~:~::iO~;r~::i.9:P.8:i7.icii:::.::.:::'::::::::::::'::::::::'::::::':::::::::::::::::::mm."". {the "Lender') 01 the sarna date and covering the property described in the SecurIty Instrument and located at: ,,,,.1~.l,,S,,,Y.QrltSI(~,aL,,.m..""""....,,,..,,",,..,,,,.,,.,,"",,..m""...""""m""M~.GlI<i/J,iGSb~fg..El\m,JZQ~.5."...m..".."...". (Properly Addre5sj THE NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE UMITS THE AMOUNT THE BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND, THE MAXIMUM RATE THE BORROWER MUST PAY. THE NOTE ALSO CONTAINS THE OPTION TO CON- VERT THE ADJUSTABLE RATE TO A NEW FIXED RATE. ADDITIONAL COVENANTS. In addtion to the covenants and agreements made in the $eCiJrity Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MDNTHLY PAYMENT CHANGES The Note provides for an intial fixed interest rate of ...7,,37,Q...........%. The Note also provides for a change In the initial fixed rate to an adjustable rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dales The Inltialllxed interest rate I will paywlll change to an adjustbale Interest rate on the first day of ..............&UQusl............, ...?'QQ1., and the adjustable tate I win pay may change on that day every 12th month thereafter. The date on which my Initial fixed Interest rate changes to an adjustable Interest rate, and each date on which my adjustable Interest rate could change, Is called a "Change Date,. (B) The Index Beginning with Ihe first Change Date, my adfustable Interest rate will be based on an (ndel(, The "fnde>:" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Faderal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date Is catted the "CUrrent Index." IF the index Is not longer available, the Note Holder wlU choose a new index which is based upon comparable Information. The Note Horderwill give me notice of thIs choice. (C) Calculation 01 Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding IWQ.aoct.Il1r.fU~.EQJ.l.tt.l1:l.......... percentage paints (......2,150...... %) to the Cunenllndex. The Note Holder win then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the Hmlts stated in Section 4(D) below, this rounded amount will be my new Inlerest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expecled to owe at the Change Date In full an the maturity date at my new Interest rate In sUbstantially equal payments. The result of this calculation will be the new amount of my monthly payment. (0) Limits on Interest Rate Changes The interest rate I am required to pay at the firat Change Date will not be greater than ...9...~1.5........% or less than .....5,3.7.5.........%. Thereafter, my adjustable Interest rate will never be Increased or decreased on any single Change Date by mare than two peroentage points (2.OD%} from the rate of Interest I have been paylllQ for the preceding 12 months. My interesf rate will never be greater than ....1.2,a7.5...,..,.,... % which Is called the "Maximum Rate." (E) Effective Date 01 Changes My new Interest rale will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date atter!he Change Date unt!! the amount of my monthly payment changes again. (F) Notice 01 Changes The Note Holder will deliver or mail to me a notice of the change in my Initial fixed Interest rate to an adjustable Interesl rale and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, Information required by law fo be gJven me and also the telephone number of a person who will answer any question I may have regarding Ihe nollee. B. FIXED INTEREST RATE OPTION The Nate provides fot the Borrower's option to convert from an adjustable Interesl rale with Inletssl rate JimJis to a new fixed Interest rale, as follows: 5. FIXED 1foITEREST RATE CONVERSION OPTION (A) Option to Convert to Fixed Rale I have a Conversion Option that I can exercise unless I am In default or this Section 5(A) will not permit me to do so. The "Conversion Option" is my option to convert the intere,t rale I am required to pay by this Note from an adjustable rate with Interest rate Umi(s to the fixed rate calculated under Section 5(8} below. The conversion can onry fake place on the first, second or thff'd Change Dafe. Each Change Date an which my interest rale can convert from an adjustable rate to a fixed rate is called the "Conversion Dale." I can convert my Interest rate only on one of these three Conversion Dates. MULTISTATE FIXED/ADJUSTABLE RATE R10ER-1 YEAR TREASURY INDEX CONVERllBLE- SIngle Family-Fannie Mae Uniform Inslrumenl 3183 {B/94} Harrl~ Page1of2 Form 3183 5/94 Bod3331m H3 ~~ " ..,'."~ " 1..;.1- -y" ,,-", '''''''=-''k.,: Jr I want to exercise the Conversion Option, f must first meet certain conditions. Those conditions arB that: (l) I must give the Note Holder notice that I want to do so; Oil on the Conversion Date, I must not be in diVault under the Note or the Security Instrument; (Ill) by a date specified by the Note Holder, I must pay the Note Holder a conversion fee olu,s. $250.00; and (iv) I must sign and give 1he Nota_Holder any documents the Note Holder requires to effect 1he conversion. (B) Calculation Qf Fixed Rate My new, fixed Interest rate will be equal to the Federal National Mortgage Association's required net yield as of a date and time of day specified i:ly the Note Holderfor Q)lfthe original term of this Note Is greater than 15years, or QI) If the original term of this Nole Is 15 years or less, 15-year fixed rate flrst mortgages covered by appllcable SD-day mandatory delivery commilments, plus f1ve-eighths of one percentage point (0.625%), rounded to the nearest one-elght of one percentage point (0,125%). If this required net yield cannot be de1ermlned because the applicable commilments are not available, the Note Holder wlll determine my Interest rate by usIng comparable Information. My new rate calculated under this section 5(B} wfll n01 be greater than the Maximum Rata stated In SectIon 4(0) above. (C) New Paym-ent Amount and Effective Date If I choose to exerolse the Conversion Option, the Note Holderwlll determine the amount of the monthly payment that would be sufficient to repay the unpaid principal I am expected to owe on the Conversion Date In full on the maturity dale at my new fixed Interm rate In substantially equal payments. The result of this caiculation will be the new amount of my monthly payment. Beginning with my first monthly payment after the Conversion Date, I will pay the new amount as my monthly payment until the Maturity Data, C. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION ABOVE, OR AFTER BORROWER EXERCISES THE CONVERSION OPTION UNDER THE CONDITIONS STATED IN SECTION B ABOVE, UNIFORM COVENANT 17 OFTHE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest In It is sold or transferred (or If a beneflclallnteresl in Borrower Is sold or transferred and Borrower Is not a natural person) without Lender's prior written consent, Lender may, at Its option, require Immediate payment in full of aU sums secured by this Security Instrument However, this option shall not be exercised by Lender If exercise is prohibited by federaliaw as of the date of this Security Instrument. If Lender exercises 1hls optlon, lender shall give Borrower notfce of acceleration. The notice shaH prOVide a period of not less than 30 days from 1he date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower falls to pay these sums prIor to the expiration of this period, lender may invoke any remedies permitted by this Security Ins1rument without further notice or demand on Borrower. 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN' SECTION A ABOVE, AND UNTIL BORROWER EXERCISES THE CONVERSION OPTION UNDER THE CONDITIONS STATED INS ECTION B ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION C1 ABOVE SHALL CEASE TO BE IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ AS FOLLOWS: Transfer of the Property or a Bene11clallnterest In Borrower. If all or any part of the Property or any Interest In It Is sold or transferred (or If a beneflclal Interest in Borrower is sold or transferred and Borrower Is not a naturat person) witl10ut Lender's prior written consent, Lender may, at Its optlcn, require Immediate -payment In full of all sums secured by this Security Instrument However, 1his op11on shall not be exercised by Lender If exercise is prohibited byfederellaw as of the date of this Securi1y Instrument. Lender also shall not exercise this option If: (a) Borrower causes to be sum bitted 10 lender Information required by Lenderto evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that lender's security will not be Impaired by the loan assumption and 1hat the risk of a breach of any covenant or agreement In this SSCUTIty Instrument m acceptable \0 lender, To the extent permitted by applicable law, lender may charge a reasonable fee as a condl1ion to Lender's consent to the loan assumption. Lender also may require 1he transferee 10 sign an assumption agreement that Is acceptable to Lender and that obligates the transferee tc keep all the promises and agreements made In the Note and in this Security Instrument Borrower will comlnue to be obligated under the Note and this Security Instrument unless Lender releases Borrower In writing. If Lender exercises the option to requIre Immediate payment tn full, lender shall give Borrower notice of acceleration. The notice shall provide a period of nmless than 30 days from the date the ncUce is delivered or mailed wilhin which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay Ihase sums prior to the explr9;,llon of this period, lender may Invoke any remedies permitted by this SecurIty .'~ .', Instrumenl without further nollce or demand on Borrower. " _.";~~'.;- ,';.di', _' . . Yj. "-'J-~'i'; ':(~~'/<, .:':1 BY SIG, ,N, IN" G BEL,OW, 80, rr,ewer,.', "",Pis and agrees te the terms and C7)' ants,contained in this Rxed/AdiUS, la, ~:,'r,t,"~r,ie,',;'\fRl,.{..~:t-,~'(j~,~,~f,1:,~,';,',;,_:,~;~>,)".':' ~~r: ;~, r ".", ,." ., I' ) " f... J:;1 ;1/ }}j ;;~:!!:i::i?~,W" i:fj:P5," .,:., t( ,.'1 l i.. L~~...::~.~~.'~=~~...".........."... ,..............r.:...~...L.....~I.'G...:L".........,...:,~tJ:'::"".~:~::~;~;(Se~r;_// .:,~.'1\/. J;: :~~:~:::::::.:::.:::::::::::::::::..:::::::::....................................,.., ...,~~tri".:~...:~.~II....,.,....,...,.,. "..~~~,I\f~;;'(Jr~;~l;(hJvi ,.~,,;;jjr '.". nf r-\l.~n[lsylv{mla } ,rf::l" '.'''' .,,;1.:-:.- 'lV' . :': t~,f ClJrrltertand SS ,...J)':-" ; ''If!!:' ,'ll/ ;;~~.~~..................,...........................".....................".....,~..':',,:.1 in lh;;"om~;'e"fo;:.th'e"recordjng'ofD~~~~T::/.'. .'~;-- r' ;,;;,,;.... .. ....... ........... ...... .... .................A(i.;;:'lJ~;;:~ b:~i~?~> ..... "9~/:'<~~;j,~,,,~: 31S31 ,S"4' Hsrrl$ Page 2 of 2 ",,//. ~d"rof-:;' .t.;'U--Y19 &> ,. '.""tl'C_,.<...q .:.&1 / /- . BOOKi333PAGE rt~tU?R~c ~-r c ~ , , ~I '1'i 0'< j;, EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4,1963. BEGINNING at an iron pin on the East side of York Street at the intersection of the Eastern street line of said South York Sh'eet with the line of land formerly of Charles Eichelberger, now of Charles Keitn and wife; thence albng the line of said land North Seventy-four (74) degrees twenty nine (29) minutes East one hundred sixty-one (161) feet to a post on the Western line of a twenty (20) foot public alley; thence along the Western line of said alley South fifteen. (1 5) degrees East thirty-one and five-tenths (31.5) feet to a point on the line of land formerly of Miss Nell Morrett, now of Robert Alexander and wife; thence along the line of said land through the center of a: double frame garage and beyond South seventy-five(75) degrees one (1) minuteWest one hundred sixty-one (161) feet to a point on Eastern street line of South York Street, aforesaid (this last mentioned point being one hundred ninety (190) feet north of West Marble Street); thence along said York Street North fourteen (14) degrees fifty-nine (59) minutes West thirty (30) feet to an iron pin, the place of Beginning. ' BEING THE SAME PREMISES which Gary W. Swanger and Beverly A. Swanger, husband and wife, by their Deed dated the .;~ 'il"day afl...! i , 1996, transferred and conveyed unto Patrick B. Schild and intended to be recorded in Cumberland County Records Office immediately following settlement. Bood3JJ PAGE 147 ~ -- > .;;;- ",,',",,-"'-, " -, ~'1~" ,c """I""Li'~ i'=-'~' '''ok. ,,'(. ',~-,,""- ,"e '~' ,~_'_ii '---"%'''':~K''~<<';;- ,,-,,'" . 099999-00011/3.15.01/RWSIDCP/149132 VERIFICATION I, lS ,,"\.lc.e... [Y'\de..r1> OpS"'vlt Spe.c.i",I:~t' of Waypoint Bank, the Plaintiff named in the foregoing Complaint, as such I am authorized to make this Mfidavit on Plaintiffs behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification authorities. ~ ;'" :,.; ..a.. .~ 'ili~.~~~~-.iu.~~~h,".\~i~_~_1l'1J1iiiil!li"-""'" t !!ilL,. .p~, ~"... _,,'. ,~~ "" ,_, ...,. .,. ~ . '"~' c'O" , ~. '," - ilai "lIilliilIIiii (") 0 0 c: ".1 s: (/) :j -:t)CP f"1 rhFd r'nrTi -0 Z~'t'"i zC ---~m (f) ,,'~ <=> ")9 -<2 ~;j(-:, .-:;0 <:: ""0 :-:t~ =R ~0 :J;: 0"", "7-\"") -~O '-:? e51T1 PC: ~ 'j:;! ::0 -< ~ 1'(' "-~--"'..'- ~l.~",,,,.~- ,.~ ,I....I " ~~","~ "' ". SHERIFF'S RETURN - REGULAR CASE NO: 2001-01817 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS SCHILD PATRICK B JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHILD DIMITRA the DEFENDANT , at 1935:00 HOURS, on the 13th day of September, 2001 at 5005 SENECA DR MECHANICSBURG, PA 17055 by handing to DIMITRA SCHILD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.80 .00 10.00 .00 35.80 So Answers: ~~~<;f~ R. Thomas Kline 09/17/2001 JOHNSON DUFFIE STEWART & WEIDN Sworn and Subscribed to before . W me thlS fl1 ~ day of J-<f1;:; ~<" .2rHJI A.D. \/'1' j.2 7M"e,,, , '~"'r rothonotary By: If~~ ~ty Sheriff 002905-00868/12.18.01/RWSIDCP/152925 W A YPOINT BANK, formerly known as HARRIS SAVINGS BANK, Plaintiff v. PATRICK B. SCHILD and DIMITRA SCHILD Defendants TO THE PROTHONOTARY: ,~_ ~.I ~,- -0 ,--> _ r. -.--, , -~ ,_ l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA NO. 01-1817 ClVlL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE Schild. Please mark the above-captioned judgment satisfied and discontinue the above action with regard to Dimitra JOHNSON, DUFFIE, STEWART & WEIDNER By ---?ld~&- Richard W. Stewart AttorneyLD. No. 18039 Third and Market Streets P. O. Box 109 Lemoyne,Pi\ 17043-0109 (717-761-4540 Attorneys for Plaintiff ,J,-". 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