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HomeMy WebLinkAbout07-2150IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., No. p'T -~ p~S-V L..IU~~~ Plaintiff ~~ Vs. . MERL E. TATE and CONNIE BYERS, NOTICE TO DEFEND YOU HAVE BEEN SUED 1N COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIlVIEED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IlvlPORTANT 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff vs. MERL E. TATE and CONNIE BYERS, Defendants Action in Mortgage Foreclosure COMPLAINT 1. The PLAINTIFF is COMMERCE•BANF(/HARRISBURG, N.A., a national banking association, having a principal place of business at 3801 Paxton Street Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17111, and hereinafter sometimes referred to as "Plaintiff' and/or "Bank". 2. The DEFENDANTS are MERL E. TATE and CONNIE BYERS, an adult male and female individual respectively, being unmarried, with MERL E. TATS residing at 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17013, and with CONNIE BYERS, residing at 500 South Mountain Road, Dillsburg, York County, Pennsylvania 17013 and hereinafter sometimes referred to jointly, severally, individually and collectively as "Defendants". 3. On or about July 8, 2004, the Bank loaned to the Defendants the sum of $255,000.00. 4. To evidence the loan of the sum of $255,000.00 made on July 8, 2004 by the Bank to the Defendants, Defendants, as obligors, executed in favor of the Bank, as obligee, a "Balloon Note" for $550,000.00, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference thereto. 5. To secure and to collateralize the Balloon Note for $255,000.00 (Exhibit executed in favor of Plaintiff, "A"), on or about July 8, 2004, Defendants, as mortgagors, as mortgagee, an "Mortgage" for $255,000.00, which was recorded in the Recorder of Deeds Office in and for the County of Cumberland, Commonwealth of Pennsylvania, on July 13, 2004 in Record Book 1873, Page 2222, which granted to Plaintiff a lien on real estate and improvements known and numbered as 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06-0023-017, consisting of 3.734 acres and which is more particularly described in said "Mortgage." 6. Attached hereto, marked Exhibit "B" and incorporated herein by reference is a true and correct copy of the "Mortgage" for $255,000.00 dated July 8, 2004, executed by the Defendants, as mortgagors, in favor of the Bank, as mortgagee, which was recorded in the Recorder of Deeds Office in and for the County of Cumberland, Commonwealth of Pennsylvania, on July 13, 2004 in Record Book 1873, Page 2222, which granted to the Plaintiff a lien on real estate and improvements known and numbered as 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06-0023-017, consisting of 3.734 acres. 7. The "Mortgage" (Exhibit "B") covers and is a lien on the real estate and improvements of the Defendants known and numbered as 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06-0023-017, consisting of 3.734 acres. • 8. The Defendants are the mortgagors under the "Mortgage" (Exhibit "B"). 9. To further secure and collaterialize the "Balloon Note" for $250,000.00 (Exhibit "A"), on or about August 18, 2005, the Defendants, as mortgagors, executed in favor of the Plaintiff, as mortgagee, another "Mortgage" for $255,000.00, which was recorded in the Recorder of Deeds Office in and for the County of Cumberland, Commonwealth of Pennsylvania, on August 19, 2005 in Record Book 1919, Page 1796, which granted to the Plaintiff a lien on real estate and improvements along McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06-0023-004, consisting of 21 acres more or less and which is more particularly described in said "Mortgage." 10. Attached hereto, marked Exhibit "C"and incorporated herein by reference is a true and correct copy of the "Mortgage" for $255,000.00 dated August 18, 2005 executed by the Defendants, as mortgagors, in favor of the Bank, as mortgagee, which was recorded in the Recorder of Deeds Office in and for the County of Cumberland, Commonwealth of Pennsylvania, on August 19, 2005 in Record Book 1919, Page 1796, which granted to the Plaintiff a lien on real estate and improvements along McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06-0023-004, consisting of 21 acres and more or less. 11. The "Mortgage" (Exhibit "C") covers and is a lien on the real estate and improvements of Defendants. 12. The Defendants are the mortgagors under the "Mortgage" (Exhibit "C"). 13. On July 18, 2006, the Defendants executed a Deed as grantors to the Defendants as grantees which was recorded on July 18, 2006 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Record Book 275, Page 3546, combined the following two tracts of land into one tract: A. 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06-0023-017, consisting of 3.734 acres being subject to the "Mortgage" attached as Exhibit "B"; and B• Real estate along McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06-0023-004, consisting of 21 acres and more or less being subject to the "Mortgage" attached as Exhibit "B". 14. Attached hereto marked Exhibit "D" is the description of the combined tract of real estate referred to in Averment 13. 15. The Defendants own the real estate and improvements described in Exhibit "D" in fee simple as tenants in common. 16. The "Balloon Note" (Exhibit "A"), "Mortgage" (Exhibit "B") and "Mortgage" (Exhibit "C") have not been assigned by the Plaintiff, and the Plaintiff is the holder of the "Balloon Note" (Exhibit "A"), "Mortgage" (Exhibit "B") and "Mortgage" (Exhibit "C") and is the real party in interest. 17. Pursuant to the terms of the "Balloon Note" (" Exhibit "A"), the Defendants were obligated to pay monthly payments of principal and interest of $1,696.52. 18. Defendants have not made the monthly payments of principal and interest of $1,696.52 required to be paid under the "Balloon Note" (Exhibit "A") for the months of October, November and December of 2006 and January and February of 2007. 19. As a result of the failure of the Defendants to make the monthly payments of principal and interest as alleged in Averment'19, the Defendants are in default of the terms and provisions of the "Balloon Note" (Exhibit "A"), "Mortgage" (Exhibit "B") and "Mortgage" (Exhibit "C"). 20. As of April 12, 2007, the following amounts are owed by the Defendants to the Plaintiff on account of the Balloon Note" (Exhibit "A"), "Mortgage" (Exhibit "B") and "Mortgage" (Exhibit "C"): PRINCIPAL $249,283.88 INTEREST $ 9,831.44 LATE CHARGES 501.45 TOTAL $259,616.77 21. The Defendants are not in the military service. 22. In addition to the amounts listed and set forth in Averment 20 of this Complaint, the Plaintiff is entitled to reasonable attorneys' fees for the prosecution of this lawsuit with the amount claimed by the Plaintiff, being $12,464.15 based on ten (5%) percent of the principal balance due of $249,283.88. 23. The amount of attorneys' fees requested in Averment 22 is fair and reasonable. 24 The real estate and improvements described in Exhibit "D" being known and numbered as 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06-0023-004, and UPI #14-06- 0023-017, constitute the principal residence of Defendants as defined in and encompassed by Act 91 ["House Financing Agency Law""Homeowners Emergency Assistance Act"-35 P.S. 1680.401.c et. seq.] 25. The "Mortgage" (Exhibit "B") and the "Mortgage" (Exhibit "C") are mortgages subject to and governed by House Financing Agency Law""Homeowners Emergency Assistance Act"-35 P.S. 1680.401.c et. seq. 26. On December 1, 2006, the Plaintiff dispatched to the Defendants a notice required under Section 402 Act 91 of the Homeowners Emergency Assistance Act [35 P.S. 1680.402]. 27. Attached hereto marked Exhibits "E-1" and "E-2" are true and correct copies of the notices sent by Bank to the Defendants required under Section 402 Act 91 of the Homeowners Emergency Assistance Act [35 P.S. 1680.402]. 28. The Defendants filed a request with the Pennsylvania Housing Finance Agency for assistance which was rejected and denied on February 2, 2007 by the Pennsylvania Housing Finance Agency. Attached hereto, marked Exhibit "F" and incorporated herein by reference thereto is a true and correct copy of the rejection and denial by the Pennsylvania Housing Finance Agency. WHEREFORE, the PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A., prays Your Honorable Court for a judgment in favor of the PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A., and against the DEFENDANTS, MERL E. TATE and CONNIE BYERS, for: A. Foreclosure, execution and sale of the real estate and improvements known and numbered as 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06- 0023-004 and UPI #14-06-0023-017, and more particularly described in Exhibit "D" which is attached hereto and incorporated herein by reference thereto; and B. For the following amounts along with costs of suit: PRINCIPAL $249,283.88 INTEREST $ 9,831.44 LATE CHARGES $ 501.45 LEGAL FEES 12 464.15 TOTAL $272,080.92 Dated: April 12, 2007 Jack F. Ream, Esquire Ream, Carr, Markey & Woloshin LLP (formerly Kain, Brown & Roberts LLP) 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 E-mail: JcKReam@aol.com Attorney for Plaintiff STATE OF PENNSYLVANIA SS: COUNTY OF Before me, a Notary Public, in and for the said County and State, personally appeared Angela Masser, who, being duly sworn according to law, doth depose and say that she is a Vice President of Commerce Bank/Harrisburg, N.A, a banking organization organized and existing under the laws of the United States of America and registered to do business in the Commonwealth of Pennsylvania, and that as such officer is authorized to make this Affidavit on behalf of Commerce Bank/Harrisburg, N.A., and that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief. COMMERCE BANK/HARRISBURG, N.A. (SEAL) Sworn and Subscribed to before me this r~ ~_ day hY~ . W Notary Public N07AT~At.8TJ11 IJNQII M. WOLF, NO'T'ARY PUBt.IC CITY OF YORK. YORK OOtJN1'Y MY COMMSSK~i EXPIRt:'S MAY 22, 2007 _....,..._.......-,. ~r. ...~~.., f .. .1F-~?F; „r~IfiFT~.v! ~ :.~tlElU'i Y~'~tl L:i:/I . ',.ifJ"!~' .l~A k~ i6?fJ Y7'iitSU`' 7is+''i' .:!~iOY ~G Y71~ y. Y~ EXHIBIT "A" BALLOON NOTE TATS (FIXED RATE) LOAN t1: 33331918TATE THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL; THEREFORE; BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEV1% LOAN EVEN 1F YOU OBTAIN REFINANCING FROM THE SAME LENDER. JULY 8, 2004 [Date) CARLISLE [City] PENNSYLVANIA [State] 1560 MCCLURES GAP RD CARLISLE, PA 17013 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 255 , 0 00.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is COMMERCE BANK/HARRISBURG, N.A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.'' 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of % 7.000 The interest rate required by Section 2 is the rate l will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. ] will make my monthly payments on the day of each month beginning on SEPTEMBER 1, 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that ]may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on AUGUST 1, 2009 owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date]' still I will make my monthly payments at 4 LEMOYNE DRIVE, SUITE 100, LEMOYNE, PA 17043 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payments will be in the amount of U.S. $ 1, 6 96.52 4. BORROWER'S RIGHT TO PREPAY - I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that l am doing so. 1 may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that ]owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, ~~hich applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, EXHIBIT "A" MULTISTATE BALLOON NOTE tFixed Rate)--Single Family--Freddie Mac L.\tFORpT INSTRUME~'T DOCUBN.41 Fnrm 3290 1101 DOCUBNAI.VTY 01/23/2004 PO$e ~ Of 33331918TATE then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the perrrvtted limit; and (b) any sum already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. ]will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for al] of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notic e that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep al] of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of the Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against al] of us together. This means that anyone of us maybe required to pay all of the amounts owed under this Note. 9. ~'VAIVERS and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the rights to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under the Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrov`~er. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. ?R;LTISTATE tiALLOOR' NOTE IFixrd Ra~ej--Single Family--Freddie ~1ac IIiNIFOR~I INSTRCSIEM1T DOCUBNA2?V7'X 01/23/2009 Pnge7 °J i Fnrm32901/01 33331918TATE If Lender exercises this option, Lelidei• shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security ]nstrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pemvtted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. - -.-, ~~ - BORROWER. j.MERL E. TATS :,DATE - - BORR WER - CONNIE BYERS,'- DATE - (Sign Origir7al Onh.J ~il'LTISTATE BALLOO\ \OTE (Fixed Rate)--Single Familc--Freddie \tac l'\IFOR\1 l1STRlT1E\T Funn 3?9U I;Oi DONBNA3 page j pf f DOCOBNA3-VTY 01/23/]004 EXHIBIT "B" ^~ ~~ , u ~~ ~ `~~ i e ! ~ ~,'~~ =`,L,~ `; , . ;~,-r=„ '~~ ~~~ i3 ~,`~ 3 07 After Recording Return To: COMMERCE BANK/HARRISBIIRG, N.A. 4 LEMOYNE DRIVE, SUITE 100 LEMOYNE, PA 17043 (Space Above This Line For Recording Data) MORTGAGE DEFINITIONS TATS LOAN NUMBER: 33331918TATE PARCEL NUMBER: Words used in multiple sections of this document are defined be]ow and other words are defined in Sections 3, 11, ] 3, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JIILY 8 , 2 004 together with al] Riders to this document. (B)"Borrower"is MERL E. TATE AND CONNIE BYERS, JOINT TENANCY Borrower is the mortgagor under this Security Instrument. (C)"Lender"is COMMERCE BANK/HP+RRISBIIRG, N.A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of PENNSYLVANIA Lender's address is 100 SENATE AVENIIE CAMP HILL, PA 17011 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated JIILY 8 , 2 004 The Note states that Borrower owes Lender TWO HIINDRED FIFTY-FIVE THOIISAND AND 00/100 Dollars (U.S. $ 255, 000.00 )plus interest. Borrower has pronvsed to pay this debt in regular Periodic Payments and to pay the debt in full not later than AIIGIIST 1, 2 0 0 9 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and ]ate charges due under the Note, and al] sums due under this Security Instrument, plus interest. PENI\Sl'LVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 7/Ol DOCUIPAI (Pnge 1 of 11 pn,ges) DOCDIPA1 .vTX 10/Ol /7D03 EXHIBIT "B" 9K { 87~r~?222 33331918TATE (G) "Riders" means all Riders to this Security Irlstrurtient that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider ~ Condominium Rider ~ Second Home Rider ® Balloon Rider ~ Planned Unit Development Rider ~ Biweekly Payment Rider I -4 Family Rider ~ Other(s) [specify] (H) "Applicable La~v" means al] controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Communit~• Association Dues, Fees, and Assessments" means all dues. fees; assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check; draft. or similar paper instrument; which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, ~e~ire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property: (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note. plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS 11\~ THE PROPERTY This Security Instrument secures to Lender: (i) tl~ modifications of the Note; and (ii) the performance Instrument and the Note. For this purpose, Bono' following described property located in the COUNTY repayment of the Loan, and all renewals, extensions and of Borrower's covenants and agreements under this Security per does hereby mortgage, grant and convey to Lender the of CUMBERLAND (Type of Recording Jurisdiction) (Name of Recording Jurisdiction) ALL THAT CERTAIN TRACT OF LAND AND IMPROVEMENTS SITUATE IN LOWER FRANKLIN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED IN EXHIBIT " " ATTACHED HERETO. which currently has the address of 1560 MCCLURES GAP RD CARLISLE [Street] [City] 17 013 ,Pennsylvania ("Property Address"). [Zip Code] PENNSYLVANIA--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT oocUipn' (Pnge ? of 11 pngesl DOCD1pA2. VTY iG/01(2043 Form 3U34 1101 B~I87:~~~%22 33331918TATE TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. A]I replacements and additions shall also be covered by this Security Instrument. Al] of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is ]awfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and ~~ill 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 constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pwsuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check. provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. if each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. if Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the futwe against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, al] payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payfinent is applied to the full payment of one or more Periodic Payments; such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section ] 0. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives PENNSYLVANIA--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 l/ol DOCUIPA3 (Pnge i of 11 pngesl DOCUl PA3.VTY 10/01/]003 ~K 1 $7,~~J~224 33331918TATE Borrower's obligation to pay the Funds for any or al] Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section ] 5 and, upon such revocation, Borrower shall pay to Lender all Funds. and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account. or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds.. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can 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 as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. ]f there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of al] sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions amibutable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Associ ation Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security ]nstrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within ]0 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay aone-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice.. which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM 1NSTRUMEN'r Form 3039 ]/Ol DOCUIPAB (Pnge 4 0/'12 pnges) DOCUIPA1.vTY 10/01/]003 BK ~ 81~~~2~25 33331918TATE either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone detemunation and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection U~ith the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain inswance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowers equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Al] insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notrce to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's secwity is not lessened. Dwing such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to enswe the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disbwse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secwed by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. ]f Borrower does not respond within 30 days to a notice from Lender that the inswance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Secwity Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under a1] inswance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Secwity Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit v~~aste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 t/Ol oOCUtras (Pnge 5 0(7? pnges) DOCDIPAS .NTY 10/01/2003 QK~87~~G2226 33331918TATE to repair or restore the Property; Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. ]f it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Secwity Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. ]f Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. )\9ortgage Insurance. ]f Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the prenvums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage ]nsurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage ]nsurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. if substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non- refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrov,~er any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower .vas required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section ] 0 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the morteaee insurer may have available (which may include funds obtained from Mortgage Insurance premiums). PENNSYLVANIA--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1/Ol DOCU~PA6 (Pnge 6 of J2 pnges) DOCPI P7,6.VTY io/~i!ano~ ~~ ~ ~7Ji~i:C~~~ 33331918TATE As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk; or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to anv refund. (b) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. if the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking; destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction; or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shat] be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section l9, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac IINIFORI.9 INSTRUMENT Form 3039 1/Ot DOCUIPA7 /Pnge 7 of 17 pnges) DOCOIPA7.VTy 10/01/2003 ~~ ~ $~ 3~t~~~~8 33331918TATE 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to continence proceedings against any Successor in Interest of Borrower or to 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 any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However; any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"}: (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower ~vho assumes Borrower's obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in ~Titing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. l4. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including. but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded pemvtted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. A11 notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class trail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. if Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. l6. Governing Law; Severability; Rules of Construction. This Security Instrument shat] be governed by federal law and the law of the jurisdiction in which the Property is located. Al] rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Securit)~ Instrument or the Note conflicts 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 provision. PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/Ol ~c'~-~~pAg (Pnge 8 of 12 pnges) DOCO]PAE. V'IX 16/01/200? ~~l~7~~~~229 33331918TATE As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the fenunine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Propert}~ or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If al] or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior ~~~ritten consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. ]f 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 given in accordance with Section I S within which Borrower must pay a]] 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. l9. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's ubligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and 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 Section l8. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument; and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a c}ass) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other parry has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section ] 5) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline; kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents. PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 ]/Ol ~oCUtrns /Pnge 9 of 12 pnges} DOCOl PA9. V1'X 10/O1/200s ~K1073~'C%e30 33331918TATE materials containing asbestos or formaldehyde. and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health. safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action.. or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to. or otherwise trigger an Em~ironmental Cleanup. Borrower shall not cause or pernvt the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition. including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower ]earns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 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 Inay 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 proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument; and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section l9 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. 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. PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 DOCL' I PA 10 (Pnge 10 o f 72 pngesj DOCOIPAA.VTY 10/01/2003 ~~{ ~ ~7~~~~~~ BY SIGNING BELOW. Borrower accepts and agrees to the ternls and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. %/ ~-' =~_ - BORROW - ME12L E. TATE - DATE - - BORROWER - COATNIS BYERS l DATE - PENNSI'LVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 t/Ol DoCUirnn /Page II of 11 pngesl DOCOIPAB. VTx 10/01/2003 ~~{I~7~~~2~32 33331918TATE Commonwe Space Below T>~is Line )For Acknowledgment) h~ ~ L J.. ~1 ~..~ 1. ~ County of On this the ~ day of ,~"\~/ ~;~k~`{ .before me; ,: the undersigned officer, personally appeared ~~~ ('~ ~ t~~};` -, ~ (-' _ ~~.,Z^C L~n~f ~ ~~~ ei `_ known to me (or satisfactorily proven) to be the person(s) whose name(s) ; = t 2 subscribed to the within instrument and acknowledged that ~'p;~~' executed the same for the purposes therein contained. j In witness whereof, I hereunto set my hand and official seal.^ _~,, `;%' n /~ `(' NOTARIAL SEAL. `,.` JI Kathy L MumnNrt, Notuy Public Borough of CaHiaN, Cumberland Co., PA MY Commission Expo Aug. 11, 200] Title of Officer My Conlnvssion L-xpires: CERTIF]CATE OF RESIDENCE: I do hereby certify that the correct address of the within-named lender is 100 SENATE AVENUE, CAMP HILL, PA 17011 Witness my hand this 8TH day of JULY, 2004 Agent of Lender PENNSI'LVANIA--Single Family--Fannie Mae/Freddie Mac l~'VIFORI\7 INSTRL!MENT Form 3039 I/O] DOCUIPAI2 /Pnge 12 of 72 pnges) DOCO'1PAG.VTY 10/02/]003 ~3~ 18i3~U2233 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, in accordance with the final subdivision plan for Casper F. Lloyd recorded in Plan Book 68, Page 100, bounded and described as follows: BEGINNING at an iron pin along the dedicated right of way line along McClure's Gap Road, L.R. 21033; thence South 77 degrees 50 minutes 32 seconds West along the lands now or formerly of Casper Lloyd, a distance of 52.71 feet to an iron pin; thence South 74 degrees 27 minutes 16 seconds West along the lands now or formerly of Casper Lloyd, a distance of 276.80 feet to an iron pin; thence South 51 degrees 25 minutes 29 seconds West along the lands now or formerly of Casper Lloyd, a distance of 142.22 feet to an iron pin; thence South 57 degrees 19 minutes 07 seconds East along the lands now or formerly of Casper Lloyd, a distance of 71.43 feet to an iron pin; thence South 77 degrees 48 minutes 51 seconds West along the lands now or formerly of Casper Lloyd, a distance of 579.17 feet to an iron pin; thence North 19 degrees 33 minutes 56 seconds West along the lands now or formerly of Clarence Shopp, a distance of 298.43 feet to an iron pin; thence North 71 degrees 32 minutes 33 seconds East along the lands now or formerly of Casper Lloyd, a distance of 290.07 feet to an iron pin; thence South 57 degrees 19 minutes 07 seconds East along the lands now or formerly of Casper Lloyd, a distance of 340.21 feet to an iron pin; thence North 51 degrees 25 minutes 29 seconds East along the lands now or formerly of Casper Lloyd, a distance of 169.37 feet to an iron pin; thence North 74 degrees 27 minutes 16 seconds East along the lands now or formerly of Casper Lloyd, a distance of 288.57 feet to an iron pin; thence North 77 degrees 50 minutes 32 seconds East along the lands now or formerly of Casper Lloyd, a distance of 50.04 feet to an iron pin; thence South 16 degrees 49 minutes 44 seconds East along the lands now or formerly of Casper Lloyd, a distance of 50.17 feet to an iron pin, the place of BEGINNING. CONTAINING 3.734 acres. 1! .. 1 ~ . BALLOON RIDER (CONDITIONAL MODIFICATION AND EXTENSION OF LOAN TERMS) TATE LOAN#: 33331918TATE THIS BALLOON RIDER is made this 8TH day of JULY, 2004 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument"} of the same date given by the undersigned (the "Borrower") to secure the Borrower's Note to COMMERCE BANK/IiARRISBIIRG, N.A. (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 1560 MCCLURES GAP RD CARLISLE, PA 17013 [Property Address] The interest rate stated on the Note is called the "Note Rate." The date of the Note is called the "Note Date." I understand the Lender may transfer the Note, Security Instrument and this Rider. The Lender or anyone who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive payments under the Note is called the "Note Holder." ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and Lender further covenant and agree as follows (despite anything to the contrary contained in the Security Instrument or the Note): 1. CONDITIONAL MODIFICATION AND EXTENSION OF LOAN TERMS At the maturity date of the Note and Security Instrument (the "Note Maturity Date"), I will be able to extend the Note Maturity Date to AUGUST 1, 2034 (the "Extended Maturity Date") and modify the Note Rate to the "Modified Note Rate" determined in accordance with Section 3 below if all the conditions provided in Sections 2 and 5 below are met (the "Conditional Modification and Extension Option"). If those conditions are not met, I understand that the Note Holder is under no obligation to refinance the Note or to modify the Note, reset the Note Rate or extend the Note Maturity Date, and that I will have to repay the Note from my own resources or find a ]ender willing to lend me the money to repay the Note. MULTISTATE BALLOON RIDER (Modification and Extension)--Single Family--Freddie D1ac UMFORM INSTRUMENT Form 3190 1/0l no~nsB~~rrx io/i+/soon (page 1 of3 pngesj ~~ ~ ~~~~~~2~s 33331918TATE 2. CONDIT]ONS TO OPTION If I want to exercise the Conditional Modification and Extension Option, certain conditions must be met as of the Note Maturity Date. These conditions are: (a) I must still be the owner and occupant of the property subject to the Security Instrument (the "Property"); (b) I must be current in my monthly payments and cannot have been more than 30 days late on any of the 12 scheduled monthly payments immediately preceding the Note Maturity Date: (c) there are no liens, defects, or encumbrances against the Property, or other adverse matters affecting title to the Property (except for taxes and special assessments not yet due and payable) arising after the Security Instrument was recorded; (d) the Modified Note Rate cannot be more than 5 percentage points above the Note Rate; and (e) I must make a written request to the Note Holder as provided in Section 5 below. 3. CALCULATING THE MODIFIED NOTE RATE The Modified Note Rate will be a fixed rate of interest equal to the Federal Home Loan Mortgage Corporation's required net yield for 30-year fixed rate mortgages subject to a 60-day mandatory delivery commitment, plus one-half of one percent (0.5%), rounded to the nearest one- eiehth of one percent (0.]25%) (the "Modified Note Rate"). The required net yield shall be the applicable net yield in effect on the date and time of day that I notify the Note Holder of my election to exercise the Conditional Modification and Extension Option. If this required net yield is not available, the Note Holder will determine the Modified Note Rate by using comparable information. 4. CALCULATING THE NEW PAYMENT AMOUNT Provided the Modified Note Rate as calculated in Section 3 above is not greater than 5 percentage points above the Note Rate and al] other conditions required in Section 2 above are satisfied, the Note Holder will determine the amount of the monthly payment that will be sufficient to repay in full (a) the unpaid principal, plus (b) accrued but unpaid interest. plus (c) al] other sums I will owe under the Note and Security Instrument on the Note Maturity Date (assuming my monthly payments then are current, as required under Section 2 above), over the remaining extended term at the Modified Note Rate in equal monthly payments. The result of this calculation will be the new amount of my principal and interest payment evert' month until the Note is fully paid. 5. EXERCISING THE CONDITIONAL MODIFICATION AND EXTENSION OPTION The Note Holder will notify me at least 60 calendar days in advance of the Note Maturity Date and advise me of the principal; accrued but unpaid interest. and all other sums I am expected to owe on the Note Maturity Date. The Note Holder also will advise me that 1 may exercise the Conditional Modification and Extension Option if the conditions in Section 2 above are met. The Note Holder will provide my payment record information, together with the name, title and address of the person representing the Note Holder that I must notify in order to exercise the Conditional Modification and Extension Option. If ]meet the conditions of Section 2 above, I may exercise the Conditional Modification and Extension Option by notifying the Note Holder no earlier than 60 calendar days and no later than 45 calendar days prior to the Note Maturity Date. The Note Holder will calculate the fixed Modified Note Rate based upon the Federal Home Loan Mortgage Corporation's applicable published required net yield in effect on the date and time of day notification is received by the Note Holder and as calculated in Section 3 above. 1 will then have 30 calendar days to provide the Note Holder with acceptable proof of my required ownership, occupancy and property lien status. Before the Note Maturity Date the Note Holder v~ill a dvise me of the new interest rate (the Modified Note Rate), new monthly payment amount and a date, time and place at which I must appear to sign any documents required to complete the required Note Rate modification and Note Maturity Date extension. I understand the Note Holder will ch arge me A1l!LTISTATE BALLOON RIDER (Modification and Extension}-Single Family--Freddie Mac fNIFORM INSTRUMENT Form 3)90 1/O] DocueRe~ lpnge ? of 3 pnges) DOCDHRB2.VTY 10/19/2003 ~~ ! 8i3~G~~3~ 33331918TATE a $250 processing fee and the costs associated ~e~ith the exercise of the Conditional Modification and Extension Option; including but not limited to the cost of updating the title insurance policy. BY SIGNING BELOW. BORROWER accepts and agrees to the terms and covenants contained in this Balloon Rider. _.~~ ,' - BORRL'1~nTER - MERL E . TATE - DATE - - BO RRBO RR OWER - COITNIE MULTISTATE BALLOON RIDER (9lodification and Extension)--Single Family--Freddie !11ac IINIFORA1 INSTRUDIENT Il07 Docuaaes (pnge 3 oJ3 pnges) DOCOBRB3 .~7TY 10/14/2003 - DATE - Form 3190 B~ 1 ~7 3~~~23~ EXHIBIT "C" 'cL,''.~ CFOMMaRCaCOBAtP1C/HARRI BS IIRG,O ~pn ~ F+I 1 p pm N. A. 1U0~ UV t 9 f 11 f ~ ~9 100a1[OYNB DRIVa, SIIITB LSMOYNS, PA 17043 ATTNs POST CLOSINd PaoNa: 7I7-972-2894 PREPARED BY: Daa MAASs coMrxaRCa BANK/HARRISBIIRQ, N.A. 100 SSNATa AVaNQB CAMP HILL, PA 17011 [Sp:ce Above This Line For Recording Data] MORTGAGE DEFII~IITTONS T7-Ti L011N •s 33331916TAT= Pis •i4-06-0023-004 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document arc also provided in Section 16. (A) "Security Instrument" means this document, which is dated At7CiIIST 18 , 2 0 0 5 together with all Riders to this document. (B) "Borrower" is ![JCRL S . TATB Borrower is the mortgagor under this Security Instrument. (C) "Lender" is COMMERCa BANJC/SARRISBIIR6, N.A. Lender 15 a NATIONAL ASSOCIATION organized and CX18ting UIIder the laws ofPEDiNSYLVANIA .Lender's address is 100 SElIp-TE AV3lIIIE, CA1~ HILL, PA 17011 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated JULY 8, 2004 .The Note sffites that Borrower owes Lender TNO 8t7tIDRED >rIlTY-]RIVE THOIISAND AND 00/100 Dollars (U.S. S ~ 5 5 , 0 0 0.0 0 )plus iffierest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AIIfiiJST 1, ~ 00 9 (E) "Property" means the property that is described below under the heading "T~ansfer of Rights in the propel, ~, (F~ "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Fnstrsunesit, plus interest. PENNSYLVANIA-Single Family-Faaak MadFroddle Mac UNIFORM INSTRUMENT Fosps 3039 II01 DOCUIPAI (Page I of14 pages) DOC41P~1. ViZ 01/11/3005 EXHIBIT "C" ~19i9PGf796 33331918TATi (G} "Riders" means all Riders to this Security Instrnment that are executed by Bon-ower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Ridez Planned Unit Development Rider ~ Biweekly Payment Rider 1-4 Family Rider Others) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, haaneowners association or similar organization. {,l) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such teen includes, but is not limited to, point-of--salt transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (IC) "Escrow Items" means those items that arc described in Section 3. (L) "Miscellaneous Proceeds" means any comptnsation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages descn'bed in Section ~ for: (i) damage to, or destruction of, the Property; (ii) condenmation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mart6:ge Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, Plus (ii) nay amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter, As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and rnodifications of the Note; and (ii) the performance of Borrower's covenants and agrceme~s under this Security Instrument and the Note. For this purpose, Boaower does hereby mortgage, grant and convey to Lender the following described property located is the COIINT7t (Type of Recording Jurisdiction of CDt+tBllitLAND (Name of Recording Jurisdiction):) ALL TEAT C=RTAIN TRACT' 08 LARD AtQD IZHpA01T~i"PS BITQAT= I1Q LOM=R F1tAN1CLIN TOt1PlTSHIP, CGI~=RLAND COD>O1T7C, P>alTSYLVA>7TIA, ][OR= BARTIC4LARLY 130tJND8D AND DBBCRISIID IN Ii1~I8IT ^ A ^ ATTACt3lD HaR3T0. PENNSYLVANIA-Single Family-Fannie MadFroddle Mae UNIFORM IIYS'I'RUMENT Ferro 3Q391p1 DOGV 1P'~ (Page 1 of 14 pager) DOCVIFL].VSI O1/OL/]003 BK1919PG~797 33331918TLTt which has the address of ixCCLQRBS QI-P [Street] ' CARLIt3L8 , Pemisylvania 17013 ("Property Address"); [CitYl [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instnallcnt. 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, great and convey the Property and that the Property is unencwmbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security insbnm3ent covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest oq the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Leader as paynaelrt under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by bender: (a) cash; (b} money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in axordance with the notice provisions in Section 15. Lender may return any Payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Leader may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such gaymtnt or partial payments in the future, but Lender is not obligated to apply such payments at the time such Payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied fiords until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lander shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to tbe outstandmg principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instivmeat or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise desenbed in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payme~s shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrwnent, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from PENNSYLVANIA-Single Family-Fannk MadFrcddte Mac iJNIIrORM INSTRUMENT Form 30391/01 DOCU~PA3 (Paga 3 oj!! pages) DOCII1D17.VT! 01/OL/]006 8~(19i9PGi79& 33331918T11Ti Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of ono or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and than as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Itewa. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in frill, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Ilostruulent as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) preariurm for any and all insurance required by bender under Section S; and (d} Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at a~+ time during the term of the Loan, Lender may require that Comm~mity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts in be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrumem, as the phrase "covenant and agreemcnY' is used in Section 9. Lf Borrower is obligated to pay Escrow Itcmc directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at aII}r time by a notice given in accordance with Section 15 and, upon such revocatioq Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a} sufficient W permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are inarn+ed by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless as agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can 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 as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RFSPA, Lander shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up tare shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as deemed under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. PENNSYLVANIA-Single Family-Fannie MadFrsoldk Mac UNIFORM INSTRUMENT Form 3039 iNl DOCUIPM (Page I of l~ pages) oocoiaaa.mrz of/oc/coos ~Kf919P~1799 33331918tI1Ti Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them is the manner provided in Suction 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secuired by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien is good faith by, or defends against enforcement of the lien in, legal proceedings which in Leader's opinion operate to prevent the enforcement of the Lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instivment. ff Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay cone-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall kcep 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 inchlding, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels} and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leader's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determinatia~n, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be respoaslble for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages descnbed above, Lander may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insnrance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instalment. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagce and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Leader, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in PENNSYLVANIA-Single Family-Fannk htadFreddie Mac (JNIFOItM DVSTRUMENT Form 3Q391N1 ~lta~ (Page S oj14 pages) cocvi~as.vrr of/os/sow BK191gP~I~~O 33331918T71Ti writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is cor~leted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required in pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. ff Borrower does not respond within 30 days to a notice from Lender that the insurance carritr has offered to settle a claim, then Lender may negotiate and settle the claim 'I31e 30-daY period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to a~+ insurance proceeds is an amount not to excced the amounts u~aid under the Note or this Security InsWment, and (b} any other of Borrower's rights (other than the right to any refimd of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property, Lender may use the insurance proceeds either to repair ar reswre the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not flan due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of ocxupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstaaccs exist which arc beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Intapet:tlons. Borrower shall not destroy, damage or impair the Property, allow the Property W deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deterioratitiog or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Praperiy if damaged >b avoid further deterioration or damage. If itlsluance or condemnation proceeds are paid in connection with damage to, or the taking o>i the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment ar in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent tray make reasonable entries upon and inspections of tbe Property. If it Naas reasonable cause, Lender may inspect the interior of the improvetnetrts on the Property. Lender shall give Borrower notice at the time of or prior to such as interior inspection specifying such reasonable ca.use. 8. Borrower's Loan Application. Borrower shall be in default ~ during tbe Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or concern gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations inchtde, but aze not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property sad Rights Under thin Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this t'ENNSYLVANIA--Single Fartrily-Fas~k MadFrcddie Mac UNIFORM INSTRUMENT Form 30391N1 DOCUIPA6 (Page 6 of l~ pages) nxoisa~.vaz of/os/coos ~~~9i9~~E$o~ 33331918TUTi Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcemeatt of a lien which may attain priority over this Security Instruaunt or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender s actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrum0ent, including its second Position in a bankruptcy proceeding. Securing the Property includes, but is not liarited to, entering the Property to make rc~irs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities fumed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Notc rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting t PaY~n ~If this Security Instrumrent is oa a leasehold, Borrower shalt comply with all the Previsions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fce title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Ma~rtgagc Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay flu premiimAS required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously m effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain dose payments as a non-refimdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall benon-refundable, aotwithstaading the fact that the Loan is ultimately paid in full, and Linder shall not be required to pay Bonrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve paymients if Mortgage Instance coverage (in the amount and for the period that Leader requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Inanrance. If Lender required Mortgage Insurance as a condition of malong the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage hasrztanoe, Boaawer shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's roquirement for Mortgage inmiranr~ ends in accordance with any written agreemnat between Borrower and Lender providing for such temninatioa or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Notc. Mortgage Insurance reimburses Lender (or any entity that purchases the Noce) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements arc on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). PENNSYLVANIA-Single Family-Faonk 1VIidFreddie Moe UNIFORM 11VSTRUMENT Form 30391/Oi D(xgJ1PA7 (PAge ~ Of I * f/QgCSJ npCSl)~7.PIS O1/Of/loos 6!{1919PG[802 33331918T]-Tt; As a result of these agreements, Lender, say purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Iastlxar~ce, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements wW not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, sad they wilt not entitle Borrower to any refund, (b) Any such agreements will not affect the r[ghb Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other faw. These rights may include the right to receive certain disclosure:, to regaat and obtain cancdlation of the Mortga;e Insurance, to Gave the Mortgage Insuraasx terminated automatically, and/or to receive a refund of say Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. il. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opporttmity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspecdoa shall be undertaken promQtly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrimlent, whether or not then duo, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for is Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secuued by this Security Instnirnent, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Properiy immediately before the partial taking, destruction, or loss is vahu is equal to or greater than the amount of the sums secured by this Security Instrument iamACdiately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the arnoimt of the Miscellaneous Proceeds mrltiplied by the following fraction (a) the total amount of the sums secnr~ed immediately before the partial taking, destruction, or loss in vahu divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the overt of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before tbe partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are dun due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. PENNSYLVANIA-Single Family-Fannie MadFreddie Mac UNIFORM IiVSTRUMENT Forst 30391N1 nocmees (Page 8 of l~ pages) cocaira~.vrz of/oc/coos 8~1919PG1~~3 33331918T71T= Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the. Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that aze attributable to the impairraat of Lender's interest in the Property ate hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in rho order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by bender to Borrower or any Successor in Interest of Borrower shall not operate to release fire liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of a~ demand made by the original Borrower or nay Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Inerest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Succesaora and Assigns Boned. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co- signs this Security Instrument but does not execute the Notc (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under rho terms of this Security Instrnrneat; (b) is not personally obligated to pay the sums secured by this Security lnstnmlent; and (c) agrees that Lender and any other Bon;ower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the cosigner's consent. Subject to the provisions of Section 18, any Successor in Interest of Boaower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security h>attument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in co®nection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instruaieat, including, but not limited to, attorneys' fees, property inspection and valuation foes. is regard m any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the chazging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges eoflected ar to be collected in connection with the Loan exceed the permitted limits, then: {a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided far under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. PENNSYLVANIA-Single Family-Fannk MadFreddie Mac UNIFORM INSTRUMENT Form 30391N1 noCUil~ (Page 4 of I4 pager) OOCVllAl.VTi 01/06/]005 Bl~I9I9PG1804: 33331918T1-T= 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Ia9trumeat shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Bon ewer's notice address if sent by other means. Notice to any one Boa~owet shall constitute entice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Harrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, than Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Aay notice in connection with this Security Inshtrment shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Inatruloncnt is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Roles of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument arc subject to any requirca>rnts and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agrce by contract or it might be silem, but such silence shall not be construed as a prohibition agaimt agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mesa and inchide corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of tins Security Instnrmerit. 18. Transfer of the Property or a Beaetidal Interest in Borrower. As used in this Section 18, "Interest in tbe Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a fugue date to a purchaser. If all or say part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prim written consent, Lender may require immediate payment in full of all sums secured by this Sec~uity Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Ff 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 given in accordance with Section I S 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. 19. Borrower's Right to Reinstate After Acceieratioa. If Boaower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discoatiaued at any time prior to the eazliest of: (a) five days before sale of the Property pursuant to say power of sale contained in this Security Instrument; {b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) 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 agreemeatg; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require PENNSYLV ANIA-Single Fannly-Fanak MadFrcddle Mac UNIFORM IIVSTRUMENT Form 30391/01 nocv~rwio (Page JO of 14P4B'u') oocvssaa.vrs of/oc/coos BI(I9I9~G{805 33331918TaT= to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instruraeat, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and 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 Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievssce. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or rsore times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer'~ that collects Periodic Payments due under the Note and this Security Insilvarent and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicet unrelated to a sale of the Note . If there is a change of the Loan Serviccr, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection wide a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer odor than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Scrvicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may comaxnce, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender hss notified the other party (with such nonce given in compliance with the requirements of Section 15} of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which mast elapse before certain action can be taken, that time period wr11 be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opporhmity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fomnaldehydc, and radioactive materials; (b) "Enviromnental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleasup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall sot do, nor allow anyone else to do, anything affecting fire Property (a} that is in violation of any Environmental Law, (b) which creates as Environmental Condition, or (c} which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, {b} arty Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any PENNSYLVANIIA-Single Fanrily-Fronk MadFreddie Mae UNIFORM INSTRUMENT Form 30391N1 DOCU1PA11 (Page /1 of 14 pages) D0001~1a.PiT Ol/06/~OOi B1l19l9PG1806 33331918TATY Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by eny governmental or regulatory authority, or any private party, that any removal or other remediation of any Haurdous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Envirommental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender fiuther covenant and agra as foAows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to accderation following Borrower's breach of any covenant or agreement iIr this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notity Borrower - o~ among other things: (a) the default; (b) the actlon required to cure the default; (c) whm the default must be cured; and (d) that failure to cure the defanit u apedHed may result in accekratbn of the arms 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-ezistence of a default or nay otlfer defense o[ Borrower to acceleration and foreclosure. If the default is not cured as spedtled, Lender at its option may require hnmediate payment in full of all sums secured by this Security Instrument without farther demand and may foreclose this Security Instrument by judicial proceeding. Leader shall be entitled bo collect all expenses incurred in pursuing the remedies provided in this Sectbn 22, including, but not Umited to, attorneys' lees and costa of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all s>am secured by this Security Instrument, this Security Iastnmoeat and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Boaower shall pay any recordation costs. Lender may charge Borrower a fee for pleasing this Security Instnrrnent, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent perrrritted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or futlue laws providing for stay of execution, extension of time, exemption from attachrnent, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security instrument shall be a purchase money mortgage. 27. 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 tbe Note. PENNSYLVANIA-Single Family--Fnnnk MadFroddfe Mac UNIFORM nYSTRl1MENT Form 30391N1 noe[t~re~2 (Page 11 of l~ pages) aocaisu.~az of/oc/~oas f~{ ! 919PG 1807 3333191aT11T>e BY SIGNING BELOW, Borrower accepts and agrces to the terms and covenatrts contained in this Security Iastivment and in any Rider executed by Borrower and recorded with it. `~ -~ ~~- _ gp - D[ERL TATS - DATE - PENNSYLVANIA-Single Family-Fnok MadFrcdd(e Mu UNIIi'ORM INSTRUMENT Form 30391/01 DOCUIPAI3 (Pagoe 13 of 1lpagtr) DOCS71P1D.RZ 01/06/LOOS B~t19l9PGf8~8 33331918T]-T! [Space Below This Line For Aclmowledg]nent] Commonwealth of Pennsylvania, County of C„~,,,}~(~,,~ On this, the ~ day of ~" v 9 ~ ? Eke S before me, ~ rQ ~arr3._~a r~^, the undersigned officer, personally appeared (y'}Gr ~ E ~~~ lmown to me (or satisfactorily proven) to be the person(s) whose name subscnbed to the within instrument and aclmowledged that executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEAtTH OFOF P~gytVANIA Notarial Seal Sara Graham. Notary Public Carlisle Bono, Cumbedar+d Causes My Corrxnission F_xpires t,Aembsr, Pennsylvania gssoclation Of Notaries Title of Officer My Commission Expires: /' ~~' G CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within-named lender is 100 SlNATB AVSH[TE, CAl[P HILL, PA 17011 Witne y hand this 18TH day of AIIGiIIBT, s 005 HN D . P C1CA Agent of Lender PENNSYLVANIA-Single Fantily-Fannk MadFreddk Mrac UNIFORM IlVSTRUMEIVT noeurpwu (Page 14 of 14 pogo) DOCV1111.9TI 01/06/1005 Form 3039 ]~Ol 819#9PGIS`fl9 BALLOON RIDER (CONDITIONAL MODIFICATION AND EXTENSIONTO~ LOAN TERMS) LOl11i~: 33331418TI1Ti THIS BALLOON RIDER is made this 18TH day of AtJ(~ST, x005 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrumen#'~ of the sauu date given by the undersi8ned (the "Borrower") to secure the Borrower's Note to COlOSSRCS SAa11C/BA~tRISBQitG, N.A. (the "Lender"} of the same date and covering the property described in the Security Instrument and located at: 1[CCLtJRSB QAP, CARLI$LS, PA 17013 [Property Address] The interest rate stated on the Note is called the "Note Rate." The date of the Note is called the "Note Date." I understand the Lender may transfer the Note, Security Instrument and this Rider The Lender or anyone who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive payments under the Note is called the "Note Holder." ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and Lender further covenant and agree as follows (despite anything to the contrary contained in the Security Instrument or the Note): 1. CONDITIONAL MODIFICATION AND EXTENSION OF LOAN TERMS At the maturity date of the Note and Security Instrument (the "Note Maturity Date"}, I will be able to extend the Note Maturity Date to AtliiQST 1, 2034 (the "Extended Maturity Date") and modify the Note Rate to the "Modified Note Rate" determined in accordance with Section 3 below if all the conditions provided in Sections 2 and 5 below are met (the "Conditional Modification and Extension Option"). If those conditions are not met, I understand that the Note Holder is under no obligation to refinance the Note or to modify the Note, reset the Note Rate or extend the Note Maturity Date, and that I will have to repay the Note from mY own resources or find a lender willing to lend me the money to repay the Note. MULTISTATE BALLOON RIDER (ModlBeatloa orl Fsleoion}-Single Fmely-Freddk Mu UNIFORM INSTRUMENT Form 3190 1101 el 3 cDOrn~is~~vaz io/1~/soap ~PQB ~ PaB~ ~}~19I9PGf810 33331918TIIT= 2. CONDTTIONS TO OPTION If I want to exercise the Conditional Modification and Extension Option, certain conditions must be met as of the Note Maturity Date. These conditions are: (a) I mast still be the owner and occupant of the property subject to the Security Instrument (the "Property"); (b) I must be current in my monthly payments and cannot have been more than 30 days late on any of the 12 scheduled monthly payments immediately preceding the Note Maturity Date; (c) there are no liens, defects, or encumbrances against the Property, or other adverse matters affecting title to the Property (except for taxes and special assessments not yet due and payable) arising after the Security Iastnunent was recorded; (d) the Modified Note Rate cannot be more than 5 percentage points above the Note Rate; and {e) I must make a written request to tbe Note Holder as provided in Section 5 below. 3. CALCULATING THE MODIFIED NOTE RATE - . The Modified Note Rate will be a fixed rate of interest equal to the Federal Horne Loan Mortgage Corporation's requved net yield for 30-year fixed rate mortgages subject to a 60-day mandatory delivery commitment, plus one-half of one percent (0.5%), rounded to the nearest oae- eighth of one percent (0.125%) (the "Modified Note Rate"). The required net yield shall be the applicable net yield in effect on the date and time of day that I notify the Note Holder of my election to exercise the Conditional Modification and Extension Option. If this required net yield is not available, the Note Holder will determine tbe Modified Note Rate by using comparable information. 4. CALCULATING THE NEW PAYMENT AMOUNT Provided the Modified Note Rate as calculated in Section 3 above is not greater than 5 percentage points above the Note Rate and all other conditions required in Section 2 above are satisfied, the Notc Holder will determine the amount of the monthly payment that will be sufficient to repay in full (a) the unpaid principal, plus (b) accrued but unpaid interest, plus (c) all other sums I will owe under tbe Note and Security Instrtlmern on the Note Maturity Date (assuming my monthly payments then are current, as required under Section 2 above), over the remaining extended term at the Modified Note Rate in equal monthly payments. The result of this calculation will be the new amount of my principal and interest payment every month until tbe Note is fully paid. S. EXERCISING THE CONDITIONAL MODIFICATION AND EXTENSION OPTION The Note Holder will notify me at least 60 calendar days in advance of the Note Maturity Date and advise me of the principal, accrued but unpaid interest, and all other sums I am expected to owe on the Note Maturity Date. The Note Holder also will advise me that I may exercise the Conditional Modification and Extension Option if the conditions in Section 2 above ate tnet The Note Holder will provide my payment record information, together with the Warne, title and address of the person representing the Note Holder that I must notify in order to exercise the Conditional Modification and Extension Option. If I meet the conditions of Section 2 above, I may exercise the Conditional Modification and Extension Option by notifying the Note Holder no earlier than 60 calendar days and no later than 45 calendar days prior to the Note Maturity Date. The Note Holder will calculate the fixed Modified Note Rate based upon the Federal Homo Loan Mortgage Corporation's applicable published required net yield in effect on the date and time of day notification is received by the Note Holder and as calculated in Section 3 above. I will then have 30 calendar days to provide the Note Holder with acceptable proof of my required ownership, occupancy and property lien status. Before the Note Maturity Date the Note Holder will a dvise me of the new interest raft (the Modified Note Rate), new monthly payment amount and a date, time and place at which I must appear to sign any documents required to complete the required Note Rate modification and Note Maturity Date extension. I understand the Note Holder will charge me MULTISTATE BALLOON RIDER (Modlllcatloo aed Fafenio~}-Single Famly-Freddk Mu UNIFORM INSTRUMENT Form 3190 IroI no~ev~uRS~.vzi io/ia/aoo3 (pgge 2 of3 pages) BI~I~I9PG8~ 33331918TI1TE a $250 processing fee and the costs associated with the exercise of the Conditional Modification and Extension Option, including but not limited to the cost of updating the tide ~~r~,p„ce policy. BY SIGNING BELOW, BORROWER accepts and agrees to the terms and covenarns contained is this Balloon Rider. -1~- oS' - BO OiPBR - MlRL S. T TS - DAT= - ' ' ' "`'. ~r~is to be recorded if~ ` ~: i~crldl~d County PA r ~ ~~~ ~.. . ., x ~r°r Recorder of Deeds MULTISTATE BALLOON RIDER (Modilfugoa aad Fsleodoa~Singk FamOy-Freddk Mx UNIFORM TNSTRUMBNT Form 3190 1/01 ~ (page 3 of 3 pages) noca~w.vrz io/u/aooa t9~9P~~ EXHIBIT "A" ALL that certain tract of land with the improvements thereon erected, situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: gECiTTNING +tr a corner smr+r; cherc+r l>r lauds now a tncYnec{y o! Sho'PP ks.vR..,octh ZS 1•/2 ~~~o +re•L b45 per~rco to a poat: i~+v+oc by {and nuns of farrncrlr of thr eatatr of Pseer Sh~•+rly, nattA 7411 dc~ees a+~ a35S pexhcc to a cornet pest Chrnce by land nom oP 4ocnu`r!y u! I~rrry King. totitd~ 43 degrees ca.[, 24.8 ~+erelte+ ea a et>or+r: thes+ce by some south Zb de=nts ~aa 59 prrtheq to a Cornt:r stone (khis dietarct: attd ctwrsc in4dweelee~tiy ocftiClyd f-,ra~ the prtar deed): ther+ae by lava of Rc>r Keurry, loath 79 deg~ea +rtst (er~ttCOuyly tbted ea youth Q~•de6tti~ self in t}+e p~vr dared), ~:p~hts ~ ~~ rorncr dwnc in thr McClute+ ~RPv sou c; t]~er~rbr is d nvw ar knt-ticrly of dc~ccs wcsC 16 Pcrthe~ to 1~'hilrp Snydre ~ovtlt Tit 11 Z dc6t+a w.st SB.S prr~v to a C~lTttT etc~e-e tha plux o1 beglnninn. Cont~+i:'+g 63 sects and i~tt petchty. LOSS tl+a !o-lowi~~ cunvcya~: (. Deed them Gaper 1~, Lloyd •nd 1rW~ts B. Lloyd dRtocd Navernber 9, l96~/, s•eeorded ~n (:V~DaMlat'+~d trpunty Decd Book 7.304N.bcirtiX Got Z 1'laa gook a6,1'a6° 56. Z Decd lron+ C;esper P~ Uoy4 and Mints & Llrryd dated Scptttt-ba 2y, l97a, n:cvrdrd in Cua~Lcrland• County Dxd Flaok C:-29.93. 3. Deed [tom Lorrettx M. Wert: ,n untlt>,atTied i~dt~iduat, daM] August 16,1991 recorded in CamOarl.od C.~t+ty Deal Hcok Cr35-7i3. 9, peed troQt Casper P. Lloyd rand Mintx E, Uoya dsttd a(arch 23.1495. rrcvrded in t: un+l~eriand Cuut~ty Deed $ook 114, C-. 1192, bti~iR Lot 5.1'lar+ Book bh pa6c 100. The residue evntsiniitg Sy.a2 agcy mare er !ao In ncrvdrnec with a svbdivinon plarn prepared by L.vey v. NeidtinRet recorded in F'11n Dovk 68. pate l00. ' 1~C1NG the greater pcrrho'D of th.,t evtain traR of land whid~ Ooeaf '1', Tt!!ry and N~{lie M.lblry by aced dattcl Marcl+ Zb,{9'95, recordt4~Un t?eed'IIvnk N•!b•1~7 in~a Caspar r', Lloyd aid Mlainta E. Uoyd. C.ssptr Uoyd died januuy ?7. 199b, !hereby vCSpttg ztide :n Mlnu 8.1Joyd, gjantvr hvtu-. S1~Z] JC A pp}ft-SrA~CL 1A0.7 G1MNDttD'111t~ 'r9 CtU-11Blo~, aD0 LXYM~r f'Aarl 1Llt~~ll 'i1-i: AhID the e.~d Crantt+r witt warrant Gcr+erslly t{,e prope~y hasby cunrcyed. 14-06-0023-004 BK19f9~G18~3 EXHIBIT "D" LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a common corner stone at the southwestern corner of property herein described and corner of properties now or formerly of Donald M. Schusser and now or formerly of Clarence Shopp as shown on the hereinafter mentioned Subdivision Plan; thence along lands of Clarence Shopp North 25 degrees 30 minutes 00 seconds west a distance of 1,089 feet, more or less, to the property line of lands now or formerly of Stephen Bixler; thence along lands of Stephen Bixler North 74 degrees 15 minutes 00 seconds East, a distance of 1,015.75 feet to a point on the centerline of McClure's Gap Road, L.R. 21033; thence along said centerline South 26 degrees 14 minutes 25 seconds East a distance of 560.72 feet, more or less, to a point; thence South 26 degrees 43 minutes 30 seconds East a distance of 40.58 feet to a point; thence South 24 degrees 57 minutes 07 seconds East a distance of 43.85 feet to a point; thence South 21 degrees 59 minutes 18 seconds East, a distance of 43.68 fee6t to a point at the dividing line of previously subdivided Lot 6; thence along said centerline South 19 degrees 00 minutes 47 seconds East, a distance of 118.38 feet to a point; thence South 18 degrees 10 minutes 59 seconds East a distance of 59.10 feet to a point; thence South 19 degrees 20 minutes 55 seconds East, a distance of 101.97 feet to a point at the dividing line of Lot 7; thence continuing along said centerline South 21 degrees 49 minutes 54 seconds East a distance of 60.15 feet to a point; thence South 24 degrees 54 minutes 18 seconds East, a distance of 64.46 feet to a point at the dividing line of aforementioned lands of Donald M. Schusser; thence along lands of Donald M. Schusser South 72 degrees 30 minutes 00 seconds West a distance of 965.25 feet, more or less, to a point, the place of BEGINNING. BEING a combined description of residual Lot 1 and Lot 5 as shown on the Final Subdivision Plan for Merl E. Tate, recorded in Plan Book 88, Page 97. BEING the same premises which Merl E. Tate and Connie Byers, single persons, by Deed dated 07/18/06 and recorded 07/18/06 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 275, Page 3546, granted and conveyed unto Merl E. Tate and Connie Byers. Tax Parcel Numbers 14-06-0023-017 and 14-06-0023-004. EXHIBIT "D" EXHIBIT "E-1" Commerce CBank MERL E TATE 1560 MCCLURES GAP RD CARL]SLE PA 17013 EXHIBIT "E-1 Commerce Bank / Harrisburo. N.A PO Box 4999 3801 Paxton Street Commerce Ban/~ December 1. ?006 ACT 6/9l NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an ofricial notice that the mort~a~e on your home is in default. and the lender intends to foreclose. Specific ini~rn-mation about the nature of the default is provided in the attached pages. The H01\-9EOuT1ER~S MOR~TGAGL- ASSISTANCE PROGRAM (HEMAP) may be able to help to save ~~our home. This Notice explains ho~~~ the proeram ~~orks. to see ii HLI\-lAP can help_ ~~>u must i\-IL=L1 V~-17H A CONSUI\-1ER CRElll7 COl_iNSL-L1NG AGENC\~ ~'~'1"1-111N 30 DAB'S OF THE DATE OF ~TH1S NO"1-1CE. Take this Notice ~~ith you when you meet ~~~ith the Counseling Agency,. The name. address and phone number of Conswner Credit CounselingA eg ncies servine your County are listed at the end of the Notice. ]f you have an~~ questions. you may call the Pennsylvania Housing Finance Agency toll free at l -800-342- 2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. if you have an~~ questions, representati~~es at the Consumer Credit Counseling Agency mar be able to help explain it. You mad also ~~•ant to contact an attorney in your area. The local bar association may be able to help you find a lax~wer. LA NOT1FlCACION EN AD.lUNTO ES DE SUMA 1MPORTANCIA. PLIES AFECTA SU DERECHO A CONTINUAR VlV1END0 EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTlF1CAC10N OBTENGA UNA TRADL1CC10N INMEDITAMENTF LLAMANDO ESTA AGENCIA (PENTNSYLVANI.A HOL'STNG F}N;~NCE AGENCY] S1N CARGOS AL NUMERO MENCI0NAD0 ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAM.4D0 "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDlM1R SU HIPOTECA. EXHIBIT "E-1" Commerce Bank Harrisburo tJ F. PO Box 49°9 3801 Paxion Street Commerce CBank 1\IERL E TATS 1 X60 1\9CCLURES GAP RD CARLISLE PA 17013 Property Address - 1 X60 1\9CCLURES GAP RD.CARLISLE.CUMBL-Rl_AND l..oan account number - > ;331918 Original lender -Commerce Bank/Harrisburg. NA Current Lender/Servicer -Commerce BanlJHarrisburg. NA HOMEOVI'NER'S EMERGENCY MORTGAGE ASSISTANCIH: PROGRAI\~i l'OU >\9A~' BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOt1R HOME FROM FORECLOStRE AND HELP YOU 1\1.AKE Ft~TIiRE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEO~'1'NER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "AC7~"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: •1F YOUR DEFAULT HAS BEEN CAUSED B1' CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOt1 MEET OTHEK ELEGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face' meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. 1F YOU DO NOT APPLY FOR EMERGENCY MORTG.AGL- ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HO'\>,~ TO CURE YOUR MORTGAGE DEFAULT"_ EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COt1NSELING AGENCIES-]f you meet ~~~ith one of the consumer credit counseling agencies listed at the end of this noticecahe~~elad~nk ; Harrisburg. ti H may NQT take action against you for thirty (30) days after the date of this Po Box as95 380 Paxton Street meeting. The names. addresses and telephone nut~~hers of de~igr,ated cr,n~ttia~~r~> •-. ~:- ---- ~-.~• . credit counseling agencies for the county in ~~%hich the property is located are set ~='"'~'~"`~~=~ ~`'`' Commerce forth at the end of this Notice. ]t is only necessary to schedule one face-to-fac Ban/~ meetine. Advise your lender immediately of your intentions. APPLICATION FOR 1~90RTGAGE ASSISTANCE-Your morteaee is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 1f you have tried and are unable to resolve this problem ~~°ith the lender. ~ ou have the right to apple for financial assistance from the 1lomeo~~ner~s Emergency Mortgage Assistance Program. To do so. you must fill out. sign and file a completed Homeo~yner~s Emergence Assistance Prop<ram Application with one of the designated consumer credit counselin~~ agencies listed at the end of this Notice. Only consw»er credit counseling agencies hay e applications for the program and the>~ will assist you in submitting a complete application to the Penns~~lvania Housing Finance Agency. Four application 1v~]UST be ailed or postmarked ~~~ithin thirty 1301 days o1 your face-to-face meetinz. YOU MUST FILE YOUR APPLICATION PROMPTLY. 1F YOti FAIL TO DO SO OR IF ~'OU DO NOT FOLLOVI' THE OTHER TIME PERIODS SET FORTH 1N' THIS LETTF,R, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE V1'ILL BE llEN1ED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established b~- the Act. The Pennsylvania Housing Finance Agency has sixt,~ (60j days to make a decision afier it receives your application. During that time. no foreclosure proceedings ~~°ill be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsv_ lvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION' IN BANK}2UPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apple for Emergence Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF 7HE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 1560 MCCLURES GAP RD.CARLISLE.CUMBERLAND IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are no~~~ past due: 1 U/Ol /06 - $2.013.18_ 1 1 /Ol /06 - ~?,Ol 3.18; ] 2/Ol /06 - ?.Ol 3.18 and Late Fees - $ l 00.65. comme«e Bank : Ha<<~5b~~o. r~ a PO Box 4999 TOTAL .AMOIfi'T PAST DL1E: Sti.l4p.19 3801 Paxson street Commerce HOV1~ TO CURE THE llEFAUL?-~'ou mas cure the default ~yithin THIR Ban/t (~0) DAB'S of the date of this notice BY PA~'1NG THE TOTAL A1\90UNT PAST DUE TO THE LENDER, WHICH IS $6.140.19. PLUS ANl' 1\~?ORTGAGE PA~'MFNTS AND LATE CHARGES y~'HICH BECOI\9L DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv_ cash. cashier's check. certified check or money order made payable and sent to: Commerce Bank. Harrisbure N.,4. ~g01 Paxton Street PO Box 4999 Harrisbure. PA 1711 l -0999 1F YOU DO NOT C11)ZE THE DEFAt1LT-lf you do not cure the default ~~~ithin THIRTY (30) DAYS of the dale of this Notice. the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt ~~-i11 be considered due immediately and you may lose the chance to pay the mortgage in momhly installments. if full pa.-meat of the total amount past due is not made within THIRTY (30) DAPS. the lender also intends to instruct its attorneys to start legal action to foreclose upon dour mortgaged propert~~. 1F THE MORTGAGE lS FORECLOSED UPON-The mortgaged propeny ~a~ill be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attomeys. but you cure the delinquency before the lender begins legal proceedings against you. you will still be required to pay the reasonable attorney`s fees that ~yere actually incurred. up to $50.00. Howeser. if legal proceedings are started against you. you will have to pay all reasonable attorney ~s fees actually incun-ed by the lender even if they exceed $50.00. Any attorney 's fees ~~ ill be added to the amount you owe the lender. which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you ~~~ill not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If sou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun. you still have the right to cure the default and present the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney `s fees and costs connected ~~~ith the foreclosure sale and an.' other costs connected .with the Sheriff s Sale as specified in w=riling by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice ~~~il) restore your mortgage to the same position as if you had never defaulted. COmmerCe Bdn~. Hern~Gurg PJ.A EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the Po Box asss 3801 Paxio*~ Street ear?test date that such a Sheriff s Sale of the mortgaged pmpert~ crnrld he held.. .. . - - -, ~yould be approaimatel~~ six months from the date of this 1Votice. A notice of ;~,~~~,.7~E<<E~~ ~~~~ Commerce the actual date of the Sherif}'s Sale ~~ill be sent to you before the sale. 0}'cou Ban/ the amount needed to cure the default ~ri11 increase the longer you wait. You n }ind out at am' time exactly ~~hat the required payment or action ~~~ill be b~~ contactin~~ the lender. HO~~' TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Commerce Bank, Harrisburg N.A. 3801 Paxton Street, PO Box 4999 Harrisburg, PA 17l 11-0999 717-4]?-6893 (717) 909-0698 Kelly Walton, Collections Asst. EFFECT OF ~HF121FF'S ~~aLF.-Y~u~ should realize t}gat a Sheriff's Sale ~~~ill end your o~~nership of the mortgaged property and vour right to occupy it. ]f you continue to live in the prope--t~ alter the Sheriff s Sale. a la~~~suit to remove you and your furnishings and other belongings could be started by the ]ender at any time. ASSUMPTION OF MOR"I'GAGE--You _may or X may not sell or transfer your home to a buyer or transferee ~~ho will assume the mortgage debt. provided that all the outstanding payments. charges and attorney`s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOI~ MAl' ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MOR"TGAGE DEBT OR l-O BORRO~~' MONEY FROM ANOTHER 1.1:ND1NG INSTITUTION "TO P.AI' OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE 7-HE MORTGAGE RESTORED TO THE SAME POSITION AS lF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER. YOLI DO NOT HAVE "THIS RIGHT TO CURE YOUR DEFAULT MORE TITAN THREE TIMES 1N ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION B~' THE LENDER. Commerce bank ; Halr~sbwa t~ A PO Box a999 3801 Paxton Street Tn ~FFK PR(~TErTT~?'~' 1'~~1~FR TIIF T=FDFR -;1.13 ~?~KRt ~PTC'Y 1-.1~'~'~-:- _ __ _-. _. _.l ill I ~E~ IE~iC.CGI~-~ Commerce Ban/ CONSUMER CREDIT COt~NSELING AGENC]ES ADAMS COt1NTY LEBANON COUNT' Financial Counseling Services Berks Conununit~ Action Program. Inc Natalie Ne~~comer George 1\9iller ("717)762-3285 (610-1375-7866 BERKS COUNTY 1`abor Community Scr~ ice. Inc. .Alliance for Building Communities 1\like ~'``eayer Jennii~er Smethers (717) 397-5182 (6l0) 439-7007 x 15 LANCASTER COt1NTY Berks Community Action Program Tabor Community Services. hic George Miller Mike ~>,'eayer (6l0) 375-7866 (717) 397-5182 Ct1MBERLAND COUNTY PERRY COUNTI' Financial Counseling Services Financial Counseling Services Natalie Ne~~rcomer Natalie Newcomer (7l7) 762-3285 (7l7) 762-3285 Harrisburg Fair Housing Council Harrisburg Fair Housing Council Christine O`Rockey Christine O~Rocke~ (7l7) 238-9540 (7l7) 238-9540 Weatherization Weatherization Maine ~1'hitsel Maine ~>,'hitsel (8l4) 643-2343 (8l4) 643-2343 DAt1PHlN COUNTY YORK COUNTY Harrisburg Fair Housing Council Financial Counseling Services Christine 0`Rockey Natalie Newcomer (717) 238-9540 (71 T) 762-3285 1-abor Community Service. Inc. Tabor Community Services. lnc Mike Wearer Mike ~~'eayer (717j 397-5182 (717) 397-5182 FRANKLIN COUNTY Financial Counseling Services OGmmerce bank ! Harrisburg. N.A Natalie Ney~rcomer PO Box 4999 38(11 Paxton Street x7171 ~~,?_ :SRS _ ~ . ----- ;. ~ i N ° •~~ " s a t.. - -1 I e ~ - '~:~ .. _ -. -. I I p '-_--------------~r_~-TT-(jil~- m ?ostac~ '~ ' ~ ~ ~~ ~2.~~ I)2 p ~ervfied ea p ?ostmark Return Receipt =ee ~ ~l ., ~c ~ Here p ~Encorsemnt Required) ! - _~ p Rastrictad Deliver se ~ $1),111 I .~ (Endorsam~t~fr~.ed) '~ !%'~ J 1?~il1r~flll~ #-~ . vP r~ iotaf Postage & =ees ~ ~ _-___-J p I San; TO /: /)~--~ ~/ ~( - - 1tl - • - -------- - -- --~--- ~ Street. Apt. o.: , x City, , State, ZIP+~ r / y ~ I :rr rr ` ~'t~ ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: s'y/~r/ ic~c ~~o h'IeC/rrr<s~ , ('~rGs~, Grp ~aI3 2. Article Number (transfer from service label) PS Form 381 1, February 2004 A. Signature ^ Agent X ~ ^ Addressee B Received by (Printed Name) :Date of DeGve}~ D. Is delivery address different from item 1? ^ Yes If YES, enter delivery address below : ^ No 3. S1~e Type l~'Certified Mail ^ 6cpress Main ^ Registered ^ Return Rece pt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 705 11,60 ~~02 3~$7 277 Domestic Return Receipt 102595-02-M-t 540 EXHIBIT "E-2" Commerce Bank CONNIE I3YERS DSO SOUTH MOtiNT.AIN ROAD D1LLS13URG PA 17013 17019 EXHIBIT "E-2" Commerce Bank /Harrisburg, N.A. PO Box 4999 3801 Paxton Street Harrichuro. PA 17111-0999 commercepc.com Commerce Bank October `'_ 2006 ACT 9l NOTICE TAKE ACTION TO SAFE YOUR HOME FROM FORECLOSURE This is an ofitcial notice that the moriga<~e on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages "fhe HOI\>IEO~~~TtER~S MOR"I~GAGL= ASSISTANCE- PROGRAM (HEMAPj may be able to help to save your home "fhis Notice explains ho~~- the program works I`o see if 1IE>\9AP can help. ~-ou must MF1=~~ ~~'ITH A CONSUMER CRED17~ COt1NSE1_ING AGENCY ~~1~)THIN 30 DAYS OF THE DATE OF TH1S NOTICE. 'Take this Notice ~~-ith you ~~rhen you meet with the Counseling A enc The name. address and phone number of Consumer Credit Counseling Agencies serv-ng vour Count~~ are fisted at the end of the Notice. if you have an ' uestions. you may call the Pennsylvania Housing Finance Agency toll free at l 800 342 2397. (Persons with impaired hearing can call (717) 780 1869 This Notice contains important legs) information. if you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD.ILINTO ES DE SUMA 1MPORTANCIA. PUSS AFEC'TA SL' D}_RECHO A CONTINUAR VIVlENDO L-N SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO ]vLENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMQ POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENC Y MORTGAGE ASSISTANCE PROGRAM" EI_ CUAL PUEDE SALVAR SU CASA_ DE LA PERDIDA DEL DERECHO A REDIMIR SLl HIPOTECA. Commerce Bank i Harrisburg. N.A PO Box 4999 3801 Paxton Street HarriSburo PA 17111-pgoo commercepc.com CONNIE B~'ERS >0 SOL!"1~H 1v-IOL~N'I~AIN ROAD Dll_LSBURG PA 17013 17019 Commerce Bank Property Address - 1 X60 MCCLLIRES GAP RD,CARLISLE.CUMBERLAND 1_oan account numher - 3 ; ;,1918 Original lender -Commerce Bankl}-larrisburg. NA Current I_ender'Ser~ firer -Commerce BanlJHarrisburg, NA HO1\1EOV1'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAC' BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE POUR HOML FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU CO1\1PLY ~~1'1TH THE PROVISIONS OF THE HOMEOVI'NER'S EMERGEN'CE' MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), 1'Ol_l MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: •IF YOUR DEFAULT HAS BEEN CAUSED B1' CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAS' YOUR MORTGAGE PAYMENTS, AND • 1F YOU MEET OTHER ELEGIBILITY REQUIREMENTS ESTABLISHED B1' THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary sta~~ of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you muss arrange and attend a "face-to-face'' meeting ~~%ith one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCt1R WITHIN THE NEXT (30) DAYS. IF YOL' DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". L-XPl_AINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSt]MER CREDIT COUNSELING AGENCIES-]f you meet with one of the consumer credit counseling agencies listed at the end of this notice. the lender ma~~ NOT take action against you for thirty (30 j days after the date of t~96~merce Bask ~ Harrisburg. N a meeting. The names. addresses and telephone numbers of designated consumer PO Box as9s credit counseling agencies for the county in ~~~hich the property is located are FS~t~~n3S01PAa ~o~,sQ4gQ commercepc corr. Commerce forth at the end of this Notice. )t is only necessary to schedule one lace-to-fac ~an/~ meeting. Ads ise ~-our lender immediately of your intentions. .APPLlCAT10N FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see follo',~~ing pages for specific information abuut the nature of your default.) ]f you have tried and are unable to resolve this problem ~yith the lender. you have the right to apply for financial assistance from the Homeo~~ner`s L-mergency Mortgage Assistance Program. To do so_ you must fill out. sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUS7- be filed or postmarked within thirty (30) days of your race-to-face meeting. YOU 1\9UST FILE YOUR APPLICATION' PROMPTLY. IF YOU FAIL TO DO SO OR lF YOU DO NOT FOLL0~~1' THE OTHER TIME PERIODS SET FORTH 1N THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME 1MMEDIATEL~' AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE ~'1'ILL BE DENIED. .AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. ?hey will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you il~you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION 1N BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HO~'1' TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date), ce Bank /Harrisburg. N.A PO Box 4999 3801 Paxton Street Harrisburg. PA 17111-099P commercepc com Commerce NATURE OF THE DFF.AI'LT-The MORTGAGE debt held h_v the above Be~I1/t ]ender on ~ our propene located at: l S60 MCCLURES GAP RD.CARLISLE.CL'1\1BERLAND IS SERIOUSLY' IN DEFAULT because ~'OLl HA~~E NO"T MADE I\~90NTHLY MORTGAGE PAYMENTS for the follo~~-ing months and the fo11o"ing amounts are now past due: 08/01/06 - $1.912.53: 09/01 /06 - $2.013.18: l 0/01 /06 - 2,013.18 and Late Fees - $301.9>. TOTAL AMOUNT PAST DUE: $6,240.84 HO~~' TO CURE THE llEFAULT-You may cure the default within THIRTY' (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DtiE TO THE LENDER, WHICH 1S $6,240.84. PLUS ANY MORTGAGE PA~'MENTS AND LATE CHARGES WHICH BECOME DL1E DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made payable and sent to: Commerce Bank. Harrisburg N.A. 380] Paxton Street P.O. Box 4999 Harrisburg. PA 171 1 1-0999 1F YOU DO NOT CURE THE DEFAULT-lfyou do not cure the default `~~th~n ~ }ARTY (30) DAY'S of the date of this Notice. the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose tl~e chance to pay the mortgage in monthly installments. If full payment of . the total amount past due is not made within THIRTY (30) DAYS. the lender also intends to instruct its attorne}'s to start legal action to foreclose upon your mortgaged propert}~. lF THE MORTGAGE 1S FORECLOSED UPON-The mortgaged property ~~ i11 be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney s. but you cure the delinquency before the lender begins legal proceedings against you_ you will still be required to pay the reasonable attorney`s fees that ~~-ere actually incurred, up to $50.00. Ho«~ever. if legal proceedings are started against you. you will have to pay all reasonable attorney's fees actually incurred b~ the lender even if they exceed $50.00. Any attorney's fees~~~,~e Bank /Harrisburg. N.A added to the amount you owe the lender, which may also include other reasonable PO Box 4999 costs. If you cure the default within the THIRTY (3O) DAY period, you ~ ~ 3807 Peon Street nut t)e required to pay attorne~~'s fees. ~~L burn PP. 1?11 +. (fgco commercepc com Commerce Bank OTHER LENllER RE1•IEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PR]OR TO SHERIFF'S SALE-lf you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun. you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due.. plus any late or other charter then due. reasonable attornew~s fees and costs connected ~e~ith the foreclosure sale and am' other costs connected ~~'ith the Sheriff s Sale as specified in ~~~riting by the lender and b~ performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice ~~•ill restore ~•our mortgage to the same position as if you had never defaulted. EARLIEST 1'OSSII3LE S1]ER]FF'S SALE llATE-lt is estimated that the earliest date that such a Sheriff`s Sale of the mortgaged property could be held ~~ould be approximately six months from the date of this Notice. A notice of the actual date of he Sheriff s Sale ~~~ill be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you ~~~ait. You may find out at anv time exactly ~~hat the required payment or action will be by contacting the lender. HO~r1' TO CONTACT THE LENllER: Name of Lender: Commerce Bank, Harrisburg N.A. Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA l7l 11-0999 Phone Number: (7] 7) 412-6890 Fax Number: (7l7) 909-0698 Contact Person: Angela Masser, Vice President/Asset Qualin~ EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff s Sale will end ~ our ownership of the mongaged property and your right to occupy it. 1f you continue to live in the property after the Sheriff s Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anv time. ASSUMPTION OF MORTGAGE-You _may or _X_may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt_ provided that all the outstanding payments. charges and attorneys fees and costs are paid prior to or at the sale and that the other requirements of the mogg,~rgank ;Harrisburg. N.A satisfied. Po Box asss 380, Paxton Street l•Ol_! 11A1 .-~LSU HA~~ E "fHE RIGHT: "~""`'~'° Pa ,%„t-osss commercepc com Commerce Bank I-O SEL1_ TIDE PROPER"h~' TO OBTAIN 1\~90N}=Y TO PAY OFF THE I~~iOR7-GAGE DEBT- OR TO BORROVd 1\~ONL-Y J=ROM ANOTHER 1_ENll1NG INSTITUTION TO PAY OFF THIS DEBT. TO HAVE TH1S DEFAULT CURED BY ANA' THIRD PARTY ACTING ON YOt'R BEHALF TO 1 JAVE THL MORTGAGE RESTORL-D TO THE SAME POSITION AS IF NO DL-FAUJ_`T }i:'~D OCCURRED. IF YOU CURE THE DEFAULT. 1H0~~'EVER. YOU DO NOT H.AVL- "FH1S RIGHT "1.0 CURE YOUR DL-FAULT 1v-]ORE THAN THREL- TIML--SIN ANY CALENDAR YEAR.) f0 ASSL-RT I-IiE NONE?(1STENCL- OF A DEFAU}_T 1N ANY FORECLOSURE PROC'EL-D1NG OR ANY 0"}-HER I_A~~'SL11T INSTITUTED UNDI.R ~}-HF ?~iOR"1-GAGE DOCL?i`7L=N 1-S. TO ASSER"T ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO Sl ]<'H AC"f}ON BY THE LENDER. TO SEL-K PRO"TECTION UNDER THE FEDERAL BANKRUPTCY LAW. Commerce Bank ;Harrisburg. N.A PO Box 4999 380? Paxton Street Harrisburg PA 171?1-0999 commercepc com Commerce CONSI'i\1ER CREDIT COUNSELING .AGENCIES Bank ADA>\9S COUNTI' LEBANON COUNT' financial Counseling Services Berks Community Action Program. ]nc Natalie Newcomer George Miller (717) 762-3285 (610) 375-7866 BERtiS COUNTY Tabor Conununit~' Service. ]nc. Alliance for Building Communities Mike Weaver .lennifer Smethe's (717) 397-5182 161 U) -139-7007 s 1 5 LANCASTER COUNTY 13~rks Community Action Program Tabor Community Services. ]nc Gerngc !~lillcr 1\~1ike \\%eayer (611)) 375-7866 (717) 397-5182 Ct)?~9BERLAND COLINTY PERRY COUNTY 1=inancia] Counseling Services Financial Counseling Services Natalie Ne~~comer Natalie Newcomer (717)762-3285 (717)762-3285 Harrisburg Fair 1-}Dosing Council Harrisburg Fair Housing Council Christine O-Rockey Christine O'Rocke~~ (717) ~'38-9540 (717) 238-9540 \\'eath~rization Weatherization 1\-1axine V1'hitsel Maxine Whitsel (814) 64 -?34 (814) 643-2343 DAUPHIN' COUNT)' YORK COUNTY Harrisburg 1=air Housing Council Financial Counseling Services Christine O~Rockey Natalie Newcomer (717) 238-9540 (7]7) 762-3285 Tabor Community Service. ]nc. Tabor Community Services. lnc Mike \'~~eayer Mike Weaver (717) 397-5182 (7l7) 397-5182 FRANKLIN COUNT' Financial Counseling Services Commerce Bank / Harrisburg. N.A Natalie Newcomer PO Box 4999 171 7) 762-32$5 3801 Paxton Sireel Harrisburo, PA. 17111-0999 curnmerceGC cans ~ N ~ • 0 ~ :, m W ~ Z ~ 3 3 1 3 ~ m ~' Q c N O A ~~ o ~ m o .~7 O ~, ~ o ru w D 0 rti 0 b N ? ~.ZO~~ o ~ ~ n S N,r •G A ~ ~ ~f ~ ~M \.~ lJ c!~/~ H m ~wwwym n C\ .°. ~ y p .' j ~ 1 i` \v~ , ~ a N m~~°tmw v a _. w m a a ~~ ~ m ~ ~ ~ ~ N `'~ W ~ ~~ ~ N .a a ~•~ m o aw ~ ~ O ~ m O ' ~ j m `` ~ y- " !~ ~ v ~ m m w m A W m M ~',~' c <S, a. $~"' ~~~m a ~ w = ~. ~ ^^^ ~~~ ~, ° _ ~ O ~ y ~ w ~ ~ ~ d. 0 ^ ~ m { N 7' d 7 a 7D0 5 7,1,60 DDD2 3 D91 D24~ ~, fro; ? a n~ m n m^^ : m ~ ~ -u "m ~ m ~ i w: ,..i~ 2 ° 30, m 3~ a ' C) ~ Kv ~ {7° D - T C~ ~ -' N C c° a m ~ ~ u m m a t° ro~ m co ° • •~ m a a m , ~~~ ~ ~ • ;~ , ~ , _ ~ .~.. ~~ • r' r., ~ •~ ~ r,Flii~'/ , ~ b: :, ~/V J -- - m ' ~ J ; ..~ ,~ ~ fh ` !J X , ~ \' \~ ;°0 __- r. EXHIBIT "F" - 'Pennsylvania Homeowners' Emergency Housing Finance A~eney Mortaa~e Assistance Loan Proeram Payr-+ents: 211 North Front Srreeb P.O. Box 1.i2UG Harrisburg, PA 1710-5206 Correspondence: 211 North Front Street, P.O. Box 15530 Harrisburg, PA 1710.1-5530 {717) 780-3940 1-800-341-2397 FAX {717) 780-399.1 TTY{717) 780-1869 February 02, 2007 COMMERCE BANK, HARRISBURG N.A. 3801 PAXTON STREET P.O. BOX 4999 HARRISBURG, PA 17111 Dear Lender: Be advised that the Pennsylvania Housing Finance Agency is in receipt of an application for mortgage assistance filed in accordance with Act 91, 1983, for the account listed below. Pursuant to Act 91, no mortgagee may commence legal action to foreclose upon its mortgage with the mortgagor during the time that the application is pending provided all time limitations as set forth in the Act were met. The Agency. will make a determination of eligibility within sixty (60) calendar days of the date of receipt. The Agency will notify you within five (5} business days of making this determination. Mortpagar _ Date of Receipt MERLE TATS 1/31/2007 1 S60 MCCLURES GAP RD CARLISLE, PA 17013 Bank Loan #:~ 33331918 H EMAP Account #: H E0001535319 THE PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Program cc: LAC EXHIBIT "F" newappbk 1/dtmdocs/H EMAP/ ~~^\ V {~ d `_.. (..`', l"~ ~~ =a a . .f G~ ~'~a t~J ~~~ ;~~> _;~ T ~ rr' ~ i i~ .A~ .. `' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, IVo. 07-2150 Civil Term N.A., . Plaintiff Vs. MERL E. TATS and CONNIE BYERS, Defendants PRAECIPE TO REINSTATE COMPLAINT TO PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please reinstate the Complaint filed in the above-captioned matter. Dated: May 17, 2007 REAM, CARR, MARKEY & WOLOSHIN LLP By: J am, Esquire Attorney LD. #10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckream@aol.com Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. "~. -•.' tO --.. \% ~.. ~/ "~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff No. 07-2150 Civil Term vs. MERL E. TATE and CONNIE BYERS, Defendants Action in Mortgage Foreclosure PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary of Cumberland County, Pennsylvania Please reinstate the Complaint in the above-captioned matter. Dated: May 24, 2007 REAM, CARR, MARKEY & WOLOSHIN LLP By: m, Esquire Attorney I.D. #10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckream@aol.com Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. n ~ ~ r~ o '~ ~- o ~ ~..~ _. - ~ 5 ~ .~; w .~ ~--. ~ ~ ~n c ~'_ ~~ _ ~;~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff No. 07-2150 Civil Term vs. MERL E. TATE and CONNIE BYERS, Defendants Action in Mortgage Foreclosure Notice of Praecipe to Enter Judgment by Default Pursuant to Pa. R.C.P. 237.1 TO: Merl E. Tate 1560 McClures Gap Road Carlisle, PA 17013 DATE OF NOTICE: MAY 24, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 PHONE 1-717-249-3166 REAM, CARR, MARKEY & WOLOSHIN LLP (formerly KAIN, BROWN & ROBERTS LLP) Jack F. Ream, Esquire 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 e-mail: JcKReam@aol.com Attorney for Plaintiff, Commerce Bank/Harrisburg, N.A. '" I hereby certify that this Notice was mailed to the Defendants on the 24th day of May, 2007. (One copy to be filed with the Prothonotary of Cumberland County, Pennsylvania) t ? ~ :_~~ -_ _. -r ~;=~ ~ -r' ;~., _ - .`-~ ~ ~ { -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff No. 07-2150 Civil Term vs. MERL E. TATE and CONNIE BYERS, Defendants Action in Mortgage Foreclosure Certificate of Service: Notice of Praecipe to Enter Judgment by Default Pursuant to Pa. R.C.P. 237.1 To Defendant, Merl E. Tate I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, COMMERCE BANK/HARRISBURG, N.A., hereby certify that on May 24, 2007, I caused copy of the "Notice of Praecipe to Enter Judgment by Default Pursuant to Pa. R.C. P. 237.1" to be served upon the following party by United States Mail, regular mail and certified mail, return receipt requested, postage prepaid by depositing the "Notice of Praecipe to Enter Judgment by Default Pursuant to Pa. R.C. P. 237.1" in the United States Post Office in York, Pennsylvania addressed to the following party at the following address: Merl E. Tate 1560 McClures Gap Road Carlisle, PA 17013 Certified Mail # 7005 2570 0000 2007 5110 Dated: May 24, 2007 squire Ream, Carr, Markey & Woloshin LLP (formerly Kain, Brown & Roberts LLP) 119 East Market Street York, PA 17401 I.D. 10241 Phone: 1-717-843-8968 Fax: 1-717-846-6676 E-mail: JckReam@aol.com Attorney for the Plaintiff Commerce Bank/ Harrisburg, N.A. _', ~ -t`t ~ ` S __ ~~ ,~ t '_: ~:. i ~ ~ Sf~_ ~~ _ _ ~~~~ .,r.. ~^` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, N.A., Plaintiff(s), vs. MERL E. TATE and CONNIE BYERS, Defendant(s). CIVIL DNISION No. 07-2150 CIVIL TERM Type of Pleading: ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE Filed on behalf of: MERL E. TATE and CONNIE BYERS, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1040 Fifth Avenue Pittsburgh, PA 15219 (412) 261-5030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, CIVIL DIVISION N.A., No.07-2150 CIVIL TERM Plaintiff(s), vs. MERL E. TATE and CONNIE BYERS, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), MERL E. TATS and CONNIE BYERS, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. Paragraph 1 is ADMITTED. 2. Paragraph 2 is ADMITTED in part and DENIED in part. It is ADMITTED Defendant's name and address are as listed. The balance of Paragraph 2 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 2 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 3. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 5. Pazagraph 5 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 6. Pazagraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Pazagraph 7 states a legal conclusion and personal opinions to which no response is/aze necessary. To the extent that a response is required, said averments aze specifically denied and strict proof to the contrary is demanded at trial. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Pazagraph 9 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 10. Paragraph 10 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 11. Paragraph 11 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 12. Paragraph 12 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 13. Paragraph 13 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 14. Paragraph 14 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 15. Paragraph 15 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 16. Paragraph 16 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 17. Paragraph 17 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 18. Paragraph 18 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 19. Paragraph 19 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 20. Paragraph 20 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 21. Paragraph 21 states a legal conclusion and personal opinions to which no response is/aze necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 22. Paragraph 22 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 23. Paragraph 23 states a legal conclusion and personal opinions to which no response is/aze necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 24. Paragraph 24 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 25. Paragraph 25 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 26. Paragraph 26 states a legal conclusion and personal opinions to which no response islaze necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 27. Paragraph 27 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 28. Paragraph 28 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court to enter a judgment in their favor and or dismiss the Plaintiff's complaint. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, CIVIL DIVISION N.A., No. 07-2150 CIVIL TERM Plaintiff(s), vs. MERL E. TATE and CONNIE BYERS, Defendant(s). VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) MERL E. TATE and CONNIE BYERS and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, CIVIL DIVISION N.A., Plaintiff(s), vs. No. 07-2150 CIVIL TERM MERL E. TATE and CONNIE BYERS, Defendant(s). CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this June 1, 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X_ by first class mail, postage prepaid on the following: JACK F. REAM, ESQUIRE REAM, CARR, MAKEY & WOLOSHIN, LLP 119 EAST MARKET STREET YORK, PA 17401 June 1, 2007 Date C7 ~ ~ c'. ~, 4 s`r}~~, ~ ~ ~~ ...' CIl '~ J_4 MY .... ~ a "t { _"i -- _.... ~ C C~ ~ J r„ h-^1 a~ ~ ~ J _ ~~ ~ c.i7 -< PRAECIPE FOR LISTING CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: For JURY Trial at the next term of civil court. X for trial without a jury. COMMERCE BANK/HARRISBURG, N.A., Plaintiff Vs. MERL E. TATE AND CONNIE BYERS, Defendants (check one) X Civil Action -Law Appeal from arbitration (other) The trial list will be called on August 21, 2007 Trials commence on September 17, 2007 Pretrials will be held on August 29, 2007 (Briefs Are due 5 days before Pretrials No. 07-2150, Civil Term Indicate the attorney who will try case for the party who files this praecipe: Jack F. Ream, Esquire, Ream, Carr, Markey & Woloshin LLP, 119 East Market Street, York, PA 17401 Indicate trial counsel for other parties, if known: Fred W. Freitag, IV, Esquire, Greenfield Court, 1040 Fifth Avenue, Pittsburgh, PA 15219 This case is ready for trial. Date: June 6, 2007 Signed: Print N~a~'F. Ream, EslJuire Attorney I.D. #10241 Attorney for: Plaintiff, Commerce Bank/ Harrisburg, N.A. Phone: 717-843-8968; Fax: 717-846-6676 ~} ~ "' t~ T` 9J Ut C'? ~a a ~. c~ ¢~ ~~~ -' .a ~..- ~ ~~ .,..., p ~ : ` - _ ~ ~ ~. ~ M1 .. ' ~L..~ ~rr,e fz,_'. ~ ~~ rT ~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., No. 07-2150, Civil Term Plaintiff vs. MERL E. TATE AND CONNIE BYERS, Defendants CERTIFICATE OF SERVICE OF PRAECIPE FOR LISTING CASE FOR TRIAL I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, Commerce Bank/Harrisburg, N.A., hereby certify that on June 6, 2007, I caused a copy of the Praecipe for Listing Case for Trial, which is attached hereto, marked Exhibit "A" and incorporated herein by reference, to be served upon Fred W. Freitag, IV, Esquire, attorney for Defendants, Merl E. Tate and Connie Byers, by certified mail, return receipt requested, by depositing the same in the United States Post Office in York, Pennsylvania, at the following address: Fred W. Freitag, IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 Certified Mail No. 7005 2570 0000 2005 5440 Dated: June 6, 2007 Jack-F.-r~i, Esq~e Ream, Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 e-mail: JcKReam@aol.com Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. r+~ ~ ~ ~ -.~t -~ .~' ` ~, c~ 3' ,, s-c~ s-" { y,~ '; ~ ~ 5; 5 ~~ ~ (w;r i .- COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. MERL E. TATS & CONNIE BYERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2007 - 2150 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 20TH day of JUNE, 2007, a pretrial conference in the above-captioned matter is SCHEDULED for ~~' ~ r ~ ~ d ` ~^~- ~~'~3D A'~ M • in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. By the Coin, ~ck F. Ream, Esquire 119 East Market St. York, Pa. 17401 red W. Freitag, IV, Esquire Greenfield Court 1040 Fifth Ave. Pittsburgh, Pa. 15219 COURT ADMINISTRATOR Edward E. Guido, J. ~if~~~l'i~t~NN ~ ~ ~~ ~~ ~~ c~nr coat i~~1~#vr~,i~~~d ~ 3D ~~~~1 L" t ~ ~ .Y 1: C OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS Taryn N. Dixon 1 Courthouse Square • Carlisle, PA 17013 Court Administrator Phone (717) 240-6200 (717) 697-0371 (717) 532-7286 (717)240-6460 FAX courtadmin@ccpa.net MEMORANDUM Melissa H. Calvanelli Assistant Court Administrator TO: The Honorable Edward E. Guido FROM: Melissa H. Calvanelli, Assistant Court Administrator DATE: Monday, June 18, 2007 IN RE: 07-2150 Civil Action -Law Commerce Bank /Harrisburg, N.A. v. Merl E. Tate and Connie Byers The above case is assigned to you for a non jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. Attachment y ..~ ~ ~ Cl ~ C~ c~- ~ -n -., ~ , ~ PRAECIPE FOR LISTING CASE FOR TRIAL '-'-' `-~ ` ~ ~, - rl ttv>~~ tJ l -^ A TO THE PROTHONOTARY OF CUMBERLAND COUNTY ~ ~-- .n - ~. .F Please list the following case: ~_` ~. t, -'~ _, ~~~ ~'~' For JURY Trial at the next term of civil court. ~ v X for trial without a jury. COMMERCE BANK/HARRISBURG, N.A., Plaintiff Vs. MERL E. TATE AND CONNIE BYERS, Defendants (check one) X Civil Action -Law Appeal from arbitration (other) The trial list will be called on August 21, 2007 Trials commence on September 17, 2007 Pretrials will beheld on August 29, 2007 (Briefs Are due 5 days before Pretrials No. 07-2150, Civil Term Indicate the attorney who will try case for the party who files this praecipe: Jack F. Ream, Esquire, Ream, Carr, Markey & Woloshin LLP, 119 East Market Street, York, PA 17401 Indicate trial counsel for other parties, if known: Fred W. Freitag, IV, Esquire, Greenfield Court, 1040 Fifth Av Pittsburgh, PA 15219 This case is ready for trial. Signed: Print Name: Jack F. Re ,Esquire Attorney I.D. #10241 Attorney for: Plaintiff, Commerce Bank/ Date: June 6, 2007 Harrisburg, N.A. Phone: 717-843-8968; Fax: 717-846-6676 J SHERIFF'S RETURN - REGULAR CASE NO: 2007-02150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK HARRISBURG NA VS TATE MERL E ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE TATE MERL E DEFENDANT the at 2029:00 HOURS, on the 25th day of April 2007 at 1560 MCCLURES GAP ROAD CARLISLE, PA 17015 COURTNEY TATE, DAUGHTER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 5Jo2Y'o~' ~ 32.80 Sworn and Subscibed to before me this day So Answers: ~ ~ ~~a~ :~`"~ R. Thomas Kline 05/10/2007 REAM CARR MARKEY WOLOSHIN By • (/ Deput Sheriff was served upon of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-02150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK HARRISBURG NA VS TATE MERL E ET AL R. Thomas Kline County, Pennsylvania, to duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BYERS CONNIE but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE Sheriff or Deputy Sheriff who being to wit: in his bailiwick. He therefore On May 10th 2007 this office was in receipt of t attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage So answe.~s • ' ,,,~ 6 . 0 0 :.- ,, ....... 10.00 R. Thomas Kline 39.86 Sheriff of Cumberland County 3.45 68.31 / s'a~f n ~ gw. 05/10/2007 REAM CARR MARKEY WOLOSHIN Sworn and subscribe to before me this day of A.D. ._ ,~ COUNTY OF YORK OFFICE OF THE SHERIFF SER>I•C; BOLL 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE ~~~ PROCESS RECEIPT and AFFIDAVIT OF RETURN ~-~~~ T1fP~ t~.Y l.~t 1 THRU 12 DO N[3T DETACH ~tNY CAS 1 PLAINTIFF/SI Commerce Bank Harrisburg NA 3 DEFENDANT/SJ Merl E. Tate et al SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Connie Byers 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP ,STATE AND ZIP CODE) AT 500 South Mountain Road Dillsburg, PA 17019 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE n`.~,~Q~,~ U 1ST CLASS MAIL U POSTED U OTHER NOW April 17 , 20 07 I, SHERIFF ~~-O~~F~~++~~++l~IE+- COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t ~ i d e return there f• ording to law. This deputization being made at the request and risk of the plaintiff., 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING S VI • ~U ~ O F COUNTY Cumberland ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sherM levying upon or attaching any property under within wnt may leave same wilirout a watchman, in wstody of whomever is found in possession, after notitying person of levy or ariachment, without liability on the part of such deputy or the sheriff to any plaintiff herein (or any loss, destrudion, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY !ORIGINATOR and SIGNATURE) A C K F . REAM , ESQ . 10. TELEPHONE NUMBER t t DATE FILED 119 E. MARKET ST., YORK, PA 17401 717-843-8968 4/16/2007 t2. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BE1.©W FOR USE OF TtE SFERFF - DO NOT WRITE ~l.OW TH5 L/tE t3. I adenowtedge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearrng Date o< complaint as indicated above. M J M C G I L L Y C S O 4/ 19 / 2 0 0 7 5/ 16 / 2 0 0 7 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17.0 1 hereby certify and return a NOT FOUND because I am unable to bcate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21 ATTEMPTSIyDp~` I ~~' I M~il~es I t~ I Date I Time I Miles I Int. I Date I Time I Mika t Int. Date Time Miles Int. Dale Time Miks Int. Date Time Miles Int. 22. DEPUTY TRIED TO LOCATE ADDRESS WITHOUT SUCCESS. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs lAre Rehmd No $200. oo X00 -06 0. -D6 • ao (00. / ~~~~ 34. Fo~eiyn County Cosh 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. MileagdPostagNNot found 39. Total Costs 40 Costs ue or Refund r i 41. AFFIR D su N SO ANSWERS ,.,- ; 44. Sgnattue of 45. DATE 12. day of i''l~` 220 ~ Dep. Sheriff L. ~/Vrti~A, y, ,~ / NO C RY 16. Signature of York 47. GATE -- C(TY OF YvPK, YURK COON County Sheriff ~-/~, MY CO .~~r'SSIOP cXi=`;F'ESAUC' TY ~`~l,t,~t.`.L•i L~ illy tiii~.i,~~ .. ~ ~ li7 - ~. 12, 2009 r - ----~ __. 48. Signature of Foregn 49. DATE County Sheriff 2 COURT NUMBER 4. TYPE OF WRIT OR COMPLAINT C I M F Notice and Complaint ~.n SHERIFF'S RETURN - OUT OF COUNTY LASE NO: 2007-02150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK HARRISBURG NA VS TATE MERL E ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BYERS CONNIE but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On June 26th 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 ~ R. homas ine Dep York County 65.68 Sheriff of Cumberland County Postage 2.55 10 5 . 2 3 / Ll3 9/d ~ ~jZ.. 06/26/2007 REAM CARR MARKEY WOLOSHIN Sworn and subscribe to before me this day of in his bailiwick. He therefore A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK HARRISBURG NA VS TATE MERL E ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BYERS CONNIE to wit: but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On June 26th 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 18.00 - Out of County 9.00 ~. Surcharge 10.00 ~R. Thomas ine Dep York County 44.83 Sheriff of Cumberland County Postage 2.55 84.38 i~)~4~07 ~„ 06/26/2007 REAM CARR MARKEY WOLOSHIN Sworn and subscribe to before me this day of A.D. V , -~ . i~f/~ COUNTY OF YORK OFt= tCE OF THE SHERIFF S(R )[7 ; C~AiL 45 N. GEORGE ST,,YORK, PA 17401 SHERIFF SERVICE ' , .~ "°` """" PROCESS RECEIPT ate"AF!"iDAVIT C)F RETURN ~ ~ •~'~ ~" t. PLAINTIFF/S! 2. U T Commerce Bankf Harrisburg, ~Id ~9 FLl~~vi1 Term 4. TYPE OF WRIT OR COMPLAINT C 1Ctlf 3. oEFENOnarrsr _ Notice and Complaint in Merl E. Tate and Connie Bgtafl~ Mort a e Foreclosure SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Connie Byers 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY. BORO, TWP., STATE AND ZIP CODE) ~,,/ AT s ur /~ ~% 7. INDICATE SERVICE' O PERSONAL t] PERSON IN CHARGE XI~EPUTIZE U RT. I C] 1ST CLASS MAIL U P ER NOW May 25 , 20 I, SHERIFF OF'~!C COUNTY, PA do hereby dep f e the sheriff of York COUNTY to execute t ~ make letur of• ccording to law. This deputization being made at the request and risk of the plaintiff., ~--~'''4`~°r~ SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CLmberlal~cl Please mail return of sQxvice to Cumberland County Sheriff. Thank you. A_DV FEE PD BY LAW FIRM ~! NOTE: ONLY APPLJCABL.E ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sherAf levying upon or attaching any property under within wnt may leave same wilfaut a waldwnan, in custody d whomever is found in possession, after notiyirg person of levy or attachment, without IialAlity on the part of such deputy or the sheriff to any plaintiff Ifersin br any bas, destruaion, or removal of any property before shenfrs sale thereof. 8. TYPE NAME end ADDRESS of ATTOR NAT and SIGNATURE 10. TELEPHONE NUMBER t t. PATE FILED - Sack F. Ream, Esquire 717-843-89b8 05/ a~ /2007 12. SEND NOTK:E OF SERVI PY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed). CUM$E.RLATII? CO ~~~1 / 4~~ Jack F. Ream, Esquire, Ream, Carr, Markey & Woloshin LLP, 119 East Market Street, York, A --- $PACE l~EL+~MI 13. 1 acknowtedpe receipt of Me wrn 14. DATE RECEIVED 15. Ezoiratrr+NHesrlp9 Date o< complaint as indicates above. L l 1~tI~1CG 'LL 5 / 2 ~ / 0 7 ~ - `c7~f~7 '~1 16. HOW SERVED: PERSONAL ( RESIDENCE ( POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby caAry and rotum a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) _ 1 NAME LE OF IND O SERVED f LIS ODRESS HERE IF NOT OWN ABO (Relationship to Defendant) 19. Dau o1 Service 20. Time of S ~-, ~n ~ ~~.- G- -07 i3-'~3 2t. ATT D)•te Time Miles InL Date Tim Miles Int. Dale Time Miles IM. Date Time files Int. OaM Time Miles Int. Dale Time Miles Int. 22. REMARKS: ~ f /~ ,q,~~ ~~ ~+~~~ / ~Q ~~Yi~ ~ •" C3.3 ~ ~~'"' / t~~/v/' I'1rdQ~ f~( • ~ C~C~~(3 ! '/ f7o~~ 23. Advance Costs 2t. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Td. Costs 33 Casts Due RefurM Check 1r ~' !06'-6 1 L ~ 7~1 34. Forsipn County Costs 35. Advance Costs 36. Service Costs 37. Notary C 38. F nd 39. Total Costs X10. Costs Due or Refund ,, } COUNTY OF YORK OFFICE t'~F ~H~ SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE ~iSTRIlCT10NS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE Y THitU' 12 DO NOT DETACH ANY COPS 1 PLAINTIFF/SI Commerce Bank/Harrisbul-e. N.A. 2 ~~~~~B~ivil '.ex-;! - ~. 17F't OF YVIi1T OR GOMYLAIN t G l iii L 3. DEFENDANT/S/ NOtice and Complaint in Me.ri E. Tate z~Trtd Connie>_ Byers Mortgage Foreclosure SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Connie Biers 6. ADDRESS (STREET OR RFO V1ATH BOX NUMBER, APT NO ,CITY, BORO, TWP .STATE AND ZIP CODE) AT - 5~8-.S,Du.t3 s urg , ~` ~;d~n y,1,~~ 7. INDICATE SERVICE l7 PERSONAL U PERSON IN CHARGE ~EPUTIZE ~•-1~Ro~,IAA~~ U 1ST CLASS MAIL U P - ~""' iER NOW N'aY 25 , 20 I, SHERIFF OF;`f}COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this.lGUr+t•211nd make return tf~r~ccording to law. This deputization being made at the request and risk of the plaintiff. , =~_, ~ ' `~ ~' '~ - SHERIFF OF - COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT VNLL ASSIST IN EXPEDITING SERVICE. CLHTl~?°r~ ~I"K~ Please mail. return of s~r~<ic~ to Cutllbsrland County Sheriff. Thank yam. ~~)~~~ .L" Ll._ l~L ;_j 1~ j..,(i 4v 1' 1.\i d NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sherAf levying upon oo;~ttaching any property under within wnt may leave same witlrout a watdunan, in wstody ofwhomever is found in possession, after notifying person of levy or attachment, wdhout liabili on the part of such deputy or the sheriff to any plainDH herein:for arty loss, destruction, or removal of any property before shehffasale thereof. 9. TYPE IiAM~ and ADDRESS of ATTORNEY701~IZ'i7NATQR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED !~ Jack F. Ream, Esquire 717-843-8953 05/~~J /2007. 12. SEND NOTICE OF SERVICE""COPY TO NAME AND ADDRESSBELOW: (TINS area must be completed R notice is to be marled) C. ~;' i°r L' `.i Lf-l;.~, ii,, Jack F. Ream, Esrle~ire, )team, Carr, Markey & Woloshin LLP, 119 East Market street, Yo 13. I acknowledge receipt of the writ or complaint as indicated above. 16. HOW SERVED: PERSONAL SLOW FOR USE OF THE SFfRFF - L l ~ ~, h .L i~ i. RESIDENCE ( POSTED ( ) POE ( ) nor wRtITE ean.ow THIS 14. DATE RECEIVED 15. SHERIFF'S OFFICE ( ) OTHER ( ) „lV-~.~ I I SEE REMARKS BELOW 17. O 1 hereby certiy and 'return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 1.8 NAME ANQ LE OF INDVIDUAL SERVED /LIST DDRESS HERE IF NOT SHOWN ABOVE, Relabonshi P to Defendant) ( A 19 Date of Service 20 Time ~ S erylice '~ ) ~ , l , ~ ` ~ f! ~ / ' r , f 21. ATTE PTS ((D~ ~ Time ` ~ Miles 1j,~nt~l~ Date Tim Mi~ ~ Int. Date Time Miles Int. Date Time files Int Dale Time Miles Int. Date Time Miles Int. Cl s4 4 '' 1J q/ 22. REMARKS ~..-, '+.....-~ 1 !k ,l'.J ~~ r-" s.~J~~s r ~.~~~~~ ~'d`~~ /~'i~Vk'(~'J ~~ ~ ~ ~~, ~L_...~..~ ,C t.?~°~~!f'~~ F-- - ~ / CJ,~J~1 f f 7 ~- 1 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due Relund heck N ;r:L~t; . ~~~ ~ 34. Fotsign County Costs 35. Advance Costs 36 Service Costs 37. Notary Ce 38. MAeage/Postagt'JNot F nd 39. Total Costs 40. Costs Oue or Refund AFFIRMED d ~ ' ANSWERS 41. aa m his - suDsGtlDed o .~1}~~ ~~ ~'ti ~ , N ...jj{ay;~; ~ ~ ~ r 44. Sgnatu of f ~ , . ~ / f '~' e~.t.Ff.d-~.~ ~ f ~ G _ l 45.DA~E ~~,,~~ 2Q.,.. 42 dayd ++19'= ~ peP iR / ~ Z i ' nm c~ r ~ '-~tiP:AL ~x~ NOTARY 46. Signature York ~, ` ; _ .- ;- - - % 47. DATE -- j I- z ' ~'t. ~! "f0 GARY' PUBLIC : - County S f i ~ ' , - i.~ ~ 14 I ~1 r ~ ~ I ti ~'~'~~.OUNTY ~l~.i/.! ~~i`~ r? , ,, ~ . ~1-~ ~^~k~L1:~,'r v - ~~ ~ - . A ~ AUG. 1! 2, 2009 ~.., 48. Signature of Foreign 49 DATE County ShenR 50. I AGKNUWLtLAiE KtGE1N.t OF THE SHERIFFS RETURN SIGNATURE 151. DATE RECEIVED OF AUTHORIZED 1$SUING AUTHORITY AND TITLE 1. WHITE - Isswng Authority . 2. PINK -Attorney 3. CANARY - ShehRs Office 4. BLUE - StterrRs Office ,.. C,OUNT`~ OF YORK ~r OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 ~..~. SERVICE CALL (717)771-9601 SHERIFF 5ERVICE ~ ` PROCESS RECEIPT and AFFIDAVIT OF RETURN ~ ~ - ©Q ~~ 1 PLAINTIFF/S/ 2 o`P"~i~~vil __......__ __ ..._.__, _.-_.. _,,.._^o, _, __. 1. TYPE OF WRIT OR COMPLAINT C I M F 3. DEFENDANTIS/ Notice and Complaint in Mortgage Merl E. Tate and Connie Byers Foreclosure SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Connie Byers 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO. TWP., STATE ANO CODE) AT 33 South Baltimore Street i lsbur PA 17019 t~-'~A C. r~l~T~1 7. INDK:ATE SERVICE. O PERSONAL V PERSON IN CHARGE EPUTIZE ' ERT. L (] ST C SS MAIL U POSTED U OTHER NOW ~Y , 20 1, SHERIFF OF COU A, do hereby deputize the sheriff of York COUNTY to execute this return they ording to law. This deputiZation being made at the request and risk of the plaintiff., ' SHERIFF O 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Wlll ASSIST IN EXPEDITI ~IC1 l Please mail return of service to Ctxnberland County Sheriff. Think you. ADVANCE FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy shrsrift keying upon or attaching any properly under within wnt may leave same wittwut a watdxnan, in custody of whomever is found in possession, after notifying person of key or attachment, without IiaDilily on the part of such deputy or the sheriff to any plaintiff Mrein for any loss, desWdion, or removal of any property before sheriM's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY !ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 119 East Market Street, York, PA 17401 Jack 'F. Ream, Esquire 717-843-8968 /29/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be mailed] CUMBERLAND CO SHERIFF SPAN ~.t3W FflR USE t~F TtE ' - DO T VIIk~1E ~M I.~IE 18. I acknowledge receipt of the writ 14. DATE RECEIVED 15. EzpirationlHearing Date °` 0DR1p'a"'''~ ind~"ed'b°`~ M J GILL Y C S O 31 2 0 0 7 6 2 2 2 0 0 7 18. HOW SERVED: PERSONAL ( RESIDENCE POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O l hereby certify and return a NOT FOUND because I am unable to locate fhe individual, company, etc. named above. (See remarks below) 18 D TITLE Of iND DUAL SERV LIST ADDRESS H IF HOT SHO ABOVE (Relationship to DeferWanq ~ ~h 19 Da of ~-~--~ 20 Time of Se ~3`13Y 21. A MPTS 'Date 7xne Int.. Da Time Miles Int. Date Time Int. Time Miles int. Date Time Miles Int. Date Time Miles Int. 22. REMARKS: a 1 Q oAdvance Cats I~ $ervi~~ sts 125. NJF ~ 26. M[le~ I27. Postagel~~r~ 1 29. Pound I~ ~ 131. Surchg. I~ u ~~1 98 ~~ /L71N~ SHERIFF SERVICE ~ ~ PROCESS RECEIPT and AFFIDAVIT OF RETURN PEASE TYPE Ol~.Y t~'1 'C~'ti! 12 0o NOT oETacw AN'Y CU~'E5 1 PtJlINTIFF/S/ ( ~°~mmprrr> Rank /Harri Ghtir~ _ Tv. A. 3 DEFENDANT/S/ igt~rl E. TatE a~td Connie Byers z OL:pu~R~~p~M~~1v:Il 4 TYPE OF+WRIT OR COMPLAINT C j [~ F Noti~:e and CamglairLl in Mortgage Foreclosure SERVE 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD i Connie Byers 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT N0 ,CITY, BORO. TWP .STATE ANO~IY CODE) ~ a t/~ _,.. ,ch AT 33 South Baltimore Street, i lsbur YA 17019 >~~~ : ~-~ ~'~. t`,'> ~i~ f,~~°-~ 7 INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE EPUTIZE ERT L V ST C SS MAIL U POSTED 'J OTHER NOW M,~y '~~~ ~ ; 20 I, SHERIFF OF COU A, do hereby deputize the sheriff of _ ~L'a~rk COUNTY to execute this W~;:andyna~ return ther~f'a~rding to law. This deputization being made at the request and risk of the plaintiff. , -~' ---°`'` ~°' '°~'' ' SHERIFF OF 8. SPECIAL INSTRUC ONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITIN VI ClHtt nr .dn ..v`* F:l~asu frkia_l re-turn of SAr`~1C° to CunlbQrl~nd County Sh~.riff. Thank yc~u. ~IJ~VANGE FEE paja 8Y PITY. `NOTE: ON[Y APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMA)!I -Any deputy sheriff levying upon or attaching any property under within cant may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or aftachment, without liability on the part of such deputy or the sheriff to any plaintiff IlefEin for any loss, desfrudion, or'removal of any property before shentt's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE , 10. TELEPHONE NUMBER 11. DATE FILED 119 East i"Market Street, York, PA 17401 JackFB. Ream, Esctuire 717-843-8968 / 2 9 / 2 0 0 7 12. SEND NOTICE OF SERVICE COPY TO NAME ANO ADDRESS BELOW: (This area must lie completed d notice is to be marled) Ct1MFERlANO CO SHERIFF SPACE BELOW FOR USE ~' Ti'E S~ERFI= - IDO NOT WRITE BELOW L~ t 3. 1 acknowledge receipt of the writ 14. DATE REC VEO 15 ExpirationlHearing Date or complaint as mdipted above. ~} J G I E L Y C S O / 31 / 2 0 0 ~? 5 2 2/ 2 0 0 7 16. HOW SERVED. PERSONAL ( RESIDENCE ) POSTED ( ) '> POE { ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby certiy and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) _ 18~1NAME~10 TITLE OF INDIVIDUAL SERV~~,/ LIST ADDRESS HERE IF NOT SHOtAM A89VE (Relationship to Defendant) 19/, Oats o1 Sdgrice 20 Tim~of~ erv~ijpe~ 21. ATTEMPTS Date Time hA(lps Int. Dat€ Time Mites Int. Dale Time des Int. ~Da Time Miles Int. Date Time Mites Int. Dale Time Mlles Int. 22. REMARKS: ~... __._ .~ ,-`- :. ' ;.` t j 23. Advance Costs ~1._ Servi~ sts 25 N/F 10 0.0 0 IQO . ~M'le~ 27 Postage 28. Sub I 29. Poudd 10: •R forty t.Nh-S° 31. Surchg. 32. Td. Costs 33 ~ts Due eland heck No 17i ~ 34. Fonlpn Cor~rNy Costs 35. Advance Costs 36 Service Costs 37 Notary Ce 38. MileageLPoslageM ound 39 Total Costs 40. Costs Due or Refund _. SO YVERS-- It. AFFIRMEO~!~t16S?hib9691$ x N. Sign re of + , ~~ ;L-t - ~~ l%~~ 45. OAyE '7 Gc, "- / '-t)/~ 42. day a + zo ~ Dep. in ~ - , -- NOTARY L ,•, ~ ~ °7 '~: ar, 'SOT BLIC 18 Signat of York ' - t ~ ~' 47 O ATE ~ . ; ~ ~ VIr.K YORK COUNTY '"' county R y`.LL If~~~i t; ~ `{C}~t'~ `>tL~t.It c~ ~ f R 1.,4./ v - ht ~ G -. : ~XPiRESAUG. 12, 2009 ..._.., ,~ ~ 48. Signature of Foregn 1 ~ 49 GATE - 1. WHITE - Issuirp Authority 2. PINK -Attorney 3. CANARY • Sherirt's Office 4. BWE - ShenRs Office 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff vs. MERL E. TATE and CONNIE BYERS, Defendants No. 07-2150 Civil Term Action in Mortgage Foreclosure STIPULATION This STIPULATON made this ~ ~ ~~~day of July 2007 by and between: 1.0 PARTIES 1.1 COMMERCE BANKIHARRISBURG, N.A., a national banking association, having a principal place of business at 3801 Paxton Street Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17111, and hereinafter sometimes referred to as "Plaintiff' and/or "Bank". This Stipulation is executed by Jack F. Ream, Esq., attorney of record in the above captioned matter for Bank, who represents to Defendants and to the Court of Common Pleas of Cumberland County, Pennsylvania that: A. He is the attorney of record for Bank in the above captioned matter; B. He has the authority on behalf of Bank to execute this Stipulation on behalf of Bank; C. He has the authority on behalf of Bank to bind and commit Bank to the terms and provisions of this Stipulation; and D. He has the authority on behalf of Bank to cause an Order of the Court of Common Pleas of Cumberland County, Pennsylvania approving and adopting this Stipulation. 1.2 MERL E. TATE and CONNIE BYERS, an adult male and female individual respectively, being unmarried, with MERL E. TATE residing at 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17013, and with CONNIE BYERS, residing in Dillsburg, York County, Pennsylvania 17013 and hereinafter sometimes referred to jointly, severally, individually and coNectively as "Defendants". This Stipulation is executed by George F. Douglas, III, Esq., attorney of record in the above captioned matter for Defendants, who represents to Defendants and to the Court of Common Pleas of Cumberland County, Pennsylvania that: A. He is the attorney of record for Defendants in the above captioned matter; B. He has the authority on behalf of Defendants to execute this Stipulation on behalf of Defendants; C. He has the authority on behalf of Defendants to bind and commit Bank to the terms and provisions of this Stipulation; and t D. He has the authority on behalf of Defendants to cause an Order of the Court of Common Pleas of Cumberland County, Pennsylvania approving and adopting this Stipulation. 2.0 STIPULATION 2.1 Judgment is hereby entered in favor of Bank and against Defendants for: A. Foreclosure, execution and sale of the real estate and improvements known and numbered as 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06- 0023-004 and UPI #14-06-0023-017, and more particularly described in Exhibit "D" of the Complaint; and B. The fallowing amounts: PRINCIPAL $249,283.88 INTEREST $15,357.25 LATE CHARGES $910.66 LEGAL FEES 6 000.00 TOTAL $271,551.79 2.2 Bank shall not file any execution against the real estate and improvements described in Paragraph 2.1.B hereof until September 17, 2007. Dated: July t'~ ~ 2007 Jac squire Ream, Carr, Markey & Woloshin LLP (formerly Kain, Brown & Roberts LLP) 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 E-mail: JcKReam(c~aol.com Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. George F. Douglas, III, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, Pa. 17103 Attorney I.D. # Telephone (717) 243-6222 Fax (717(243-6486 E-mail: gdouglas@sfl-law.com Attorney for Defendants Merle E. Tate and Connie Buyer r-3 C ~ ~ ~~? ... r:,.:: '1l T, r {~ " ~ ~7 t ,,__: ~_. m,:. ' _ r.~ rs _n ; -., c:. . _. -: _ ° ,.., ° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff vs. MERL E. TATE and CONNIE BYERS, Defendants No. 07-2150 Civil Term Action in Mortgage Foreclosure TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE TO ENTER APPEARANCE matter. Please enter my appearance on behalf of the Defendants in the above captioned r- w Dated: July ~7~2007 ~' George F. Douglas, III, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, Pa. 17103 Attorney I.D. # Telephone (717) 243-6222 Fax (717(243-6486 E-mail: gdouglas@sfl-law.com Attorney for Defendants Merle E. Tate and Connie Buyer ~ V~ _ f ... ~'_.... t~. ~ ~_.., ~~ SIT •~ ......~ ___.. _ ~-, `, ~-C JUL $ 7 2001 R~~ ,.. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, N.A., Plaintiff vs. MERL E. TATE and CONNIE BYERS, Defendants No. 07-2150 Civil Term Action in Mortgage Foreclosure ORDER OF COURT And, now to wit, this ~~ day of 2007, IT IS HEREBY ORDERED AND DECREED AS FOLLOWS: 1. The Stipulation by and between Plaintiff, COMMERCE BANK/HARRISBURG, N.A., and Defendants, MERLE E. TATE and CONNIE BYERS, dated July _2007 is hereby approved and adopted as an Order of this Court as if fully and completely set forth herein; and 2. Judgment is hereby entered in favor of the Plaintiff, COMMERCE BANK/HARRISBURG, N.A., and against the Defendants, MERLE E. TATE and CONNIE BYERS, for: A. Foreclosure, execution and sale of the real estate and improvements known and numbered as 1560 McClures Gap Road, Lower Frankfort Township, Cumberland County, Commonwealth of Pennsylvania 17403, UPI #14-06-0023-004 and UPI #14-06-0023-017, and more particularly described in Exhibit "D" of the Complaint filed in the above captioned matter and B. The following amounts: PRINCIPAL $249,283.88 INTEREST $15,357.25 LATE CHARGES $910.66 LEGAL FEES $6,000.00 TOTAL $271,551.79 By the Co n ~:~ io ~` 1 6Z ~6 Wd f £ ~f~(' IOOZ 3~1~a~