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Home My WebLink About04-1470FULTON COUNTY NATIONAL BANK and TRUST COMPANY, Plaintiff STEPHEN D. CRAMER and PAMELA G. CRAMER, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CASE NO. (~ - //'/70 CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT INHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a. las demanda presentadas aqui en contra suya. Se le advierte de que si usted falla de romar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO 1MMEDIATEMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 LAW OFFICES OF MARKI~LOBODIAN I.D. No. 41075 ANDREIN R. EISEMANN, ESQ. I.D. No. 87~41 801 North Second Street Harrisburg, PA 17102 (717) 232-5180 Attorneys for Fulton County National Bank & Trust Company 2 FULTON COUNTY NATIONAL BANK and TRUST COMPANY, Plaintiff STEPHEN D. CRAMER and PAMELA J. CRAMER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CASENO. C)q- : : CIVIL ACTION - LAW COMPLAINT NOW COMES, Plaintiff, The Fulton County National Bank and Trust Company ("Fulton"), by its counsel, The Law Offices of Markian R. Slobodian, and files the following Complaint for a money judgment against Defendants, Stephen D. Cramer and Pamela J. Cramcr: 1. Plaintiff, Fulton, is a Pennsylvania banking corporation having a principal office at 100 Lincolnway East, McConnellsburg, Fulton County, PA 17233. 2. Defendants, Stephen D. and Pamela J. Cramer, are adult individuals residing at 264 Hostettcr Avenue, Shippensburg, Frank/in County, PA 17257. Note and Mortgaee 3. On July 13, 2001, in connection with a certain mortgage loan to Defendants by Fulton, Defendants made, executed, and delivered to Fulton a certain adjustable rate note (the "Note") in the initial amount of Eighty-One Thousand Dollars and 00/100 ($81,000.00) payable to Fulton in six monthly interest payments commencing August 13, 2001 and 60 monthly installments of One Thousand Six Hundred Twenty-Two Dollars and 99/100 ($1,622.99) commencing February 13, 2002 at a variable interest rate through January 13, 2007 (the "Maturity Date"). A true and correct copy of the Note is attached hereto and incorporated herein as Exhibit "A". 4. As security for Defendants' obligation under the Note, on July 13, 2001 Defendants made, executed, and delivered to Fulton a mortgage (the "Mortgage") granting to Fulton a lien on Defendants' certain rental real property located in the Borough of Newville, Cumberland County, PA, with addresses of 203 Fairfield Street, Newville, PA 17241 and 10 Cherry Street, Newville, PA 17241 (the "Real Property"), which Real Property is more fully described in the Mortgage. A true and correct copy of the Mortgage is attached hereto and incorporated herein as Exhibit "B". 5. The Mortgage was duly recorded on July 23, 2001 by the Recorder of Deeds for Cumberland County, PA in Record Book 1728 at Page 1112. Default 6. Defendants defaulted on their obligation under the Note by failing to make monthly payments since December 2003. 7. Fulton mailed to Defendants a Notice of Homeowner's Emergency Mortgage Assistance in accordance with Pennsylvania Act 91 of 1983 on February 18, 2004. A true and correct copy of the Notice and proof of mailing to each Defendant is attached hereto and incorporated herein as Exhibit "C". 8. Defendants have failed to contact Fulton or a consumer credit counseling agency as provided in the Act 91 Notices. 9. Fulton has not received notice that Defendants have filed an application with the Homeowner's Emergency Mortgage Assistance Program. 10. To date, Defendants have failed and refused to cure the default on their Note. 11. Defendants' failure to make payments to Fulton under the terms of the Note and Mortgage allows Fulton to accelerate the remaining loan balance. 12. The following amounts are due on the Note as of March 23, 2004: a. Balance of principal: $49,352.13 b. Interest at 7.5% per annum: $ 1,328.45 c. Late charges: $ 614.32 d. Satisfaction fee: $ 30.50 e. Attorneys' fees and costs (as authorized by Note and Mortgage): To Be Added TOTAL $51,325.40' *Plus attorneys' fees and costs as authorized by the Note and Mortgage. 2 WI~EREFORE, Plaintiff, Fulton County National Bank and Trust Company, requests a judgment for money against Defendants in the amount of $51,325.40, plus attorneys' fees, costs of suit, and interest at the variable contract rate, or $10.14 per diem, from March 24, 2004 until Defendants satisfy their judgment. Dated: Respectfully submitted, THE LAW OFFI~ES~OF MARKIAN R. SLOBODIAN ANDREW R. EISEMANN, ESQ. 801 Nov. h Second Street Harrisburg, PA 17102 717/232~5180 Counsel for Fulton County National Bank & Trust Company 3 V~RIFICATION Subject to the p~nalt]es of lB Pa, C.S,A. §4904, relating to unsworn falsification to authorities, I hereby certify Chat Iarn the Senior Vice President tot the Plaintiffin the above- referenced case and that the £acts set forth in the £orcgoing Complaint are true and correct to thc best of my in_formation and belief.. THOMAS BARD Sr. Vice President, Fulton Bank & Trust Co. EXHIBIT '"A" ' ADJUSTABLE RATE NOTE' NOTICE TO BORROWER: THIS NOTE CONTAINS A PROVISION ALLOWING FOR CHANGES LOWER PAYMENTS. ~ u~' P s rNA .................... .................... t,'. ............................. ................ ...................................... 2.q~ ~.a. Ia? ~r~Sl.~EEr ~.~t~ p C,.~.¥ STREEI NE~yltLE, PA ~72A1 ....... [Prop~riy Add~s~I 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ .~.!,gg0..g0. ......................................... (this amount is called "Principal"), plus interest, to the order of the Leader. The Lender is..T.~,~.t)~.Y.q~..~O.O.~l~'~T. JO~l~l..~b~,K~.~O~ ..... .~0~4.P~NY, .0.SOAN{~03~0.~X. I~TI0.~ P.N 0f~ I~L~Y~$.0F.T~ ~I.T.~0.~A~[~. 07. 8~I~A ............................................................ I will make all payments under this Note in the form of cash, check or money order. I understand that thc Leader may transfer this Note. The Leader or anyone who takes tiffs Note by t~ansfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST INTEREST SEGINS ACCRUING ON JULY 13, 2001 Interest will be charged on unpaid principal until thc full amount of Principal has been paid, I will pay imercst at a yearly rate of ................ 7,..~.. %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7((2) of this Note. Interest will be calculated on a 3.~.~.~1-/~..~.~. ........................................ basis. 3. PAYMILNTS (A) Periodic Payments I will pay principal and interest by making peaSodic payments when scheduled: (mark one) [] I will make my periodic payments on the fi~st day of each month be~nnlnE on .......................................... [] I will make periodic payments as follows: 6 MONTHLY INTEREST PAYMENTS RANGING FROM 499.~2 TO 515,B$ SEGINNING 08.1:]-2001 AND SO MONTHLY PAYMENTS OF H,822,gg BEGINNING 02-13-2002. REFER TO TRUTH IN LENDINO DISCLOSURE FOR PAYMENT SCHEDULE. [] In addition to the payments described above, I will pay a "Balloon Payment" of $ .......................................... on ...................................................... The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) Maturity Date and Place of Paymen~ I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each periodic payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, ua .01:1~:~007. ............................................. , I s~ll owe amounts under this Note, I will pay those amounts ia fidl on that date, wlfich is called the "Maturity Date." I will make my periodic paymems at ...P..P..J)0){.3.~,..100.~ff/¢0k~ .~]~i. ~3$L.U,C.¢0N~. ~LSJ~0~k~,.P^ ,/Z~ ................................. .................................................................................................................................. or at a different phce if required by the Note Holder. (C) Amount of My Initial Periodic Payments Each of my ~iLial periodic payments will be In the amount of U.S. $ .1,~2~..~ ............................. TMs amount may chan~e. MULTISTATE ADJUSTABLE RATE NOTE - (D) Periodic Payment Changes Changes in my periodic payments will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my periodic payment in accordance with Section 4 of this Note. (A) Change Dates ~ ;t !~ ~ ~' '~:~ ~: Each date on widch my interest rate c~d c4~um~ ,s ~e~a*g~i] Date. (Mark one) [] The interest rate I will pay may c~;~n t~.~t day;iiof ...... ~li .......................................... and on that day evezy ..................................................month thereafter. [] The interest rate I will pay may change .0..7:!.3:2..0.~.. ................................................................. and on every .. 3~.T.~.~I~Y)~ ..........................................................................thereafter. (B) The Index BeglnninE with the first Change Date, my interest rate will be based on an Index. The "Index" is: The most recent Index figur~ available as of the date fi0 45 days [] .......................................................... before each Change Date is called the "Current ~ndex." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give mc notice of tiffs choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by . .60~If~6.TUR~ ............................. ................................ percentage points ( ...................3,00fl ~) to the Current Index. The result of this calculation: [] wili not be rounded off. [] will be rounded off by the Note Holder to the nearest .......................... O,;~... %. [] will be rounded off by the Note Holder up to the nearest ................................... %. [] will be rounded off by the Note Holder down to the nearest .................................... %. Subject to the limitations stated in Section 4(D) below, this amount will be my new interest rate until the next Change Date. The Note Holder will then determine thc amount of thc periodic payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my periodic payment. (D) Limits on Interest Rate Changes ~My interest rate will never be increased or decreased un any single Chan~e Date by more than . .]'~{). ................... percentage points from the rate of interest I have been paying for the preceding period. [] My interest rate will never be greater than .............. L~..0.0.... % or less than .................. ~:0..0.0.. %. (E) Efl'eellve Date of Changes "My new interest rate will become effective on each Change Date. I will pay the amount of my new p~'iodic payment be~innlng on the first periodic payment date after the Change Date until the amount of my periodic payment changes again. (F) Nuliee of Changes At least 25 days, but no more than 120 days, before the effective date of any payment change, the Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my periodic payment. The notice will include inforcmafion required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding thc notice. 5. 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 I am doing so. I may not designate a payment as a Prepayment if I have not made all the periodic payments due under this 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 I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my periodic payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my periodic payments after the Fast Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an inten:st rate increase. 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 my note. 6. LOAN CBARGES If a hw, which 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, then: (a) a~y such loan charge shall be reduced by the araount,~0~.cessar~d[9 reth~9.~ the ~ar~ to the permitted limit; and (b) any sums already collected from me that exceeded permitte~:~.l~ 'a~,s~[~' -efi~ *'~te'~'=~,.e ~'~te Holder may choose to m_.ake this refund by reducing the Principal I owe under 4' ~'" a' '"'. t-'~.,k.-',,, :! .. :.'ct ;"~'. '~.' , to me. If a refund reduces Principal, the reduction will be treated as a partial Prepa~. 7. BORROWER'S FAILURE TO PAY:A~ I~l QI;II4FD (A) Late Charges for Overdue Payments If th6 Note Holder has nnt received the full amount of any periodic payment by the end of .1.5. ................... 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 [~ ........... 6..0.0.0. % of my overdue payment of principal and interest. [] .................................................................................... I will pay this late charge promptly but only once un each late payment. (B) Set-Off I agree that the Note Holder may set off any amount due and payable under this Note against any right I have to receive money from the Note Holder. An amount due and payable under this Note is any portion of a periodic payment not paid on or before its due date, even if the due date of the Note has not been accelerated. My right to receive money from the Note Holder includes any deposit account balance I have with the Note Holder (including savings, checking, and NOW accounts), any time deposit (hichiding certificates of deposit), any money owed to me on aa item presented to the Note Holder or ia the Note Holder's possession for collection or exchange, and any repurchase agreement or other non-deposit obligation. If my fight to receive money from the Note Holder is also owned by someone who has not agreed to pay this Note, the Note Holder's right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement. The Note Holder's right of set-off does not apply to an account or other obligation where my rights are only as a fiduciary. It also does not apply to any IRA account or other tax-deferred retirement account. The Note Holder will not be liable for the dishonor of any check when the dishonor occurs because the Note Holder set off this debt against any of my accounts. I agree to hold the Note Holder harmless from any claims al-ising as a result of the exercise of the right of set-off. (C) Default If I do not pay the full amount of each periodic payment on the date it is due, I will be in default. (D) 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 that 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. (E) No Waiver By Note l~older Even if, at a ~ime when I am in default, the Note Holder does not require me to pay immediately in full or does not exercise the right of set-off as described above, the Note Holder will still have the right to do so if I am in default at a later time. (F) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately ia full as described above, the Note Holder will have the right to be paid back by me for all 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. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given me under this Note will be given by delivering it or by mailing it by first class mail to me at the Properly Address above or at a different address ff I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(B) above or at a different address ff I am given a notice of that different address. 9, OBLIGATIONS OF PERSONS UNDER TI~IS NOTE ff more than one person sigus this Note, each person is fully and persenaliy obligated to keep all of the promises made in this Note, inclucling the promise to pay the full amount owed. Any person who is a 1oatraator, 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 ~ Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under ~ Note against each person individually or against all of us together. This meam that any one of us may be required to pay all of the amounts owed under this Note. )page 3 of 4 pages) __ 10. WAIVERS I and any other person who Ms obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. SECURED NOTE In addition to the protections given to the Note HoMer under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as the Note, protects the Note Holder from possible losses which might resalt if I do not keep the promises that I make ia tiffs Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment ia full of all amounts I owe under ~ Note. Some of those cenditioas are described as follows: Transfer of the Property or a Beneficial Interest in Bol'rower. If all or any part of the Property or uny Interest ia the Property is sold or transferred (or if Borrower is not a ~atural person and a beneficial interest ia Borrower is sold or transferred) without Lender's prior vaittea consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Leader ff such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all suras secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of tl~s period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. BALLOON PAYMENT DISCLOSURE [Complete the Balloon Payment notice below if this Note provides for a Balloon Payment at Section 3(A) on page 1 of this Note. l T~IS LOAN IS PAYABLE IN FU~L ............................................................................................... ; .......................................................................................................................................... I MUST REPAY 'I'I~E ENTIRE PRINCII~AL BALANCE OF T~E LOAN AND UNPAID INTEREST THEN DUE, Wl~/CH MAY BE A LARGE PAYMENT. LENDER IS UNDER NO OBLIGATION TO REFINANCE T/nE LOAN AT THAT TIME. I WILL, 'I~[EREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF O'I'I/~R ASSETS T/~AT I MAY OWN, OR I WILL HAVE TO FIND A LENDER, Wfl/CH MAY BE THE LENDER I 1]lAVE T~/S LOAN WITH, WILLING TO LEND ME 'l'l:ll~ MONEY. IF I REFINANCE Tfl/S LOAN AT MATURITY, I MAY HAVE TO PAY SOME OR ALL OF Tl:lg CLOSRqG COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAI~ REFINANCING FROM TH/~ SAME LENDER. [Sign Original Only] ROgERT P. ZIE(;LER RECORDER OF DEEDS CUHBERLAND COUNTY-PA 'O1 JUL 23 9 56 ]Space Above This Line For Recording Data] MORTGAGE DEFI3YITIONS Words used in multiple sections of t. his document are defined below and other words are defined ia Sections 3, I1, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided ia Section 16. (A) "Security Instrument" means tiffs document, which is dated 07:~:200.1. .................................... , together with all Riders to ~ docuraea~. (B) "Borrower" is .$T~,8~NP,.qSAM~ASO. PA¥~,I.3.J...~SAr~.E8, b~J. qlNT.DESY. QB~. ................................................. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is .TH.~EUJ..TO..N..qQU~TY.~.ATJ~.^L..~3N..K..~O.T~$T. 99,~?3~ ......................................................... .......................................................................................................................... Leader is a ~?.0.R.$.TJ~N. .......................................................................... organized and existing under the laws of .T.I~.U~JT~.~$.Q~.~M~81~A ................................. Leader's address is NI¢.C. QNNE~L~Rt~8.Cty. 6. ,1.7.~. ..................................... Leader is ~e mortgagee under this Security Insu-uraent, (D) "Note" means the promissory note signed by Borrower and dated ~-.ta-ZQ01 ................................... The Note states that Borrower owes Lender .E~G~T.X ~E. TRQU~A~ I~D.~.I.QQ ...................................................... ...................................... Dollars (U.S. $ .EH,qQQ,QO ................... ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than .0):L~:~O.0.7. ........................ (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 prepayIaent clmrges and la~e charges due under the Note, and all roms due under this Security Instrument, plus interest, (G) "Rlde~s" means all Riders to tl~ Security instrumem that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [~ Ad~us~able Rate Rider [] COlldomlnlum Rider [] Second Home Rider [] Balloon Rider [] Planned Unit Development Rider [] Other(s) [specify] ............... [] 1-4 Famlb/ Rider [] Biweekly Payment Rider ~ "Applicable Law" meam 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 fmni, non-appenlable judicial opinions. (B "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Prope~ 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, diaft, or sitnilar paper instmraent, which is initiated through an electronic terrnlnal, telephonic instrument, computer, or magnetic tape so as to order, instract, or authorize a financial institution to debit or credit aa account. Such term iaciudes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUM~T Form 3039 1/01 g T 2 A 0 BKI728P I I 12 (L) "Miscellaneous Proceeds" means any comptmsation, s~ttlemeat, award of damages, or proceeds paid by any tllkd party (other than insurance procc'~ls paid under the coverages described ia Section 5) for: (i) damage to, or desb'uction of, the Property; (ii) coad~nnation orother taking of all or any part of the Property; ('fii) conveyance ia iicu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or concLition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" meatus the regularly scheduled amount due for (i) principal and interest under the Note, pins (ii) any amoums under Section 3 of this Security Inst~'umem. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its impleme~iag regulation, Regulaiion X (24 C.F.R. Part 3500), as they might be amended from time to time, or aW additional or successor legislation or regulation that gm'eras the same subject matter. As used ia this Security Instrument, "RESPA" refers to all requirements and reslxictions that are imposed ia regard to a "federally related mortgage loan" even if the Loan does sot q~mNf'y as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that ~ talr~a title to the P~perty, whether or not that patty has assumed Borrower's obligafio~ under the Note and~or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Leader: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; ami (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereb)[ mortgage, grant and convey to Lender the following described property located ia the ......... ~...c~.. ~.?.1..~. ............................................ of [Tyge of Recording Juriadlctionl [Name of Recording Jurisdtcl~ion] GEEG BOOK 31W PAGE 594 which currently has the address of Z~ ~3$B.[~ fiTB~I .~ ).~ IgtI~BR'~ filBE!~.. ................................................. [Street[ ~..~.kI,F, .................................................. Pennsylvania .t72~..1 ........................... ("Property Address"): ICit yl [Zip Codel TOGETHER WITH all the improvemeats 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 I~trument. All of the foregoing is referred to in this Security Iustmment as the BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the fight to mortgage, grant and convey the Property and that the Property is unencumbered, except for em.nmlbranccs of record. Borrower warrants and will defend generally the title to the Property agai~t all claims and demands, subject to any encumbrances of record. PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~1 Form 3039 I/0l THIS SECUICFTY INSTRUM]~NT combines uniform covenants for national use and non-uniform COVen_ant~ with limited variatiolls by jurisdiction to consgtute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agre~ as follows: 1. Payment of Prindpal, 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 ptn'.~!ant to Section 3. Paymc'nts due under thc Note and this Security Imtmment shall be made in U.S. currency. However, il any check or other instrument received by L~nder as paymem under thc Note or this Security Insmununt is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Imtrumcnt be made in one or more of the following forms, as selected by Lender: (a) cash; Co) 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 desi.gnnt, ed in the Note or at such other location as may be designated by Lender in accordance with the no~ice provmons in Section. 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring thc Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any fights hereunder or prejudice to its fights 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 unapptied funds. Lender may hold such unapplied flmds 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 peincipai balAnea under the Note immediately prior to foreclosure. No offset or claim which Borrower migh/ have now or in the future agaimt Lender shall relieve Borrower from tnaking payments due under the Note alld this Scenrity Illstrumcnt or pcrformln_a the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of pfiotity: (a) interest due under the Note; Co) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in thc order in which it became due. Any rernalnlnE amounts shall be applied th'st to late charges, second to any other amounts due under this Security Instrument, and then to reduce thc 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 outsmvaln~, Lender may apply uny payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in fidl. To the extent that any excess exists after the payment is applied to the full payment of on~ or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied tirst to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Misceilancous 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 duc under the Note, until thc 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 a,sin priority over this Security Instrument as a lien or encumbrance on the Property; Co) leasehold payments or ground rents on the Pmpe~y, if any; (c.) premiums for any and all im'urance required by Lender under Section 5; and (d) Mortgage Insurance prermums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with thc provisions of Section 10. These items arc 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 P~qNSYLVANIA~$ingle Famil¥--Fanrgs Mae/Frmddie Mac UNIFORM INSTRUMiNT ~[ Form 3kfl~.9.. If01 BKI728PGIII Lender all notices of amounts to 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 uny time. Any such waiver may only be in writing. In tho 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 und, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may requite, Borrower's obligation to make such payments und to provide receipts s_~l~.for all purposes be de~,,ed to be a covenant and agreement contained in ~ Security Imtrument, 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 un Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower sbal! then be obligated under Section 9 to repay to Lender uny such amount. Lender may revoke the waiver as to uny or all Escrow Items at uny time by a notice given in accora~nce with Section 15 and, upon such revocation, Borrower shall pay to Lender all Punds, and in such amounts, that are then required under this Section 3. Lender may, at uny time, collect and hold Funds in un amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and Co) not to exceed the nmximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current dam and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. Thc Funds shall be held in an institution whose deposits are insured by a federal agency, instrument~llty, or enlity (including Lender, if Lender is un institution whose deposits are so insured) or in any Federal Home Loun Bank. Lender shall apply the Funds to pay the Escrow Items no later thun the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, nnnually analyzing the escrow account, or verif~ the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to n~ke such a clmrge. Unless en agreement is made in v~tln~ 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, un annual acco~mtln£ of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lunder sh:~ll 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 aceordunce with RESPA, but in nc* more than 12 monthly payments. If there is a deficiency of Punds held in escrow, as defined under RESPA, Lender shali notify Borrower as required by RESPA, and Borrower shall pay to Lender the amoum necessary to make up thc deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security instalment, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, rilles, and impositions attributable to thc Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community &ssoci~tion Dues, Pees, and .~sessments,'if any. TO the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower sh~ll promptly discharge ally lien which has priority over this Security Instrument unless Borrower: (a) agrees in w~fiu_o to the payment of thc obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performln_o such agreement; Co) contests the lien in good faith by, or defends against enforeement 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 proceedin_os are c~nluded; 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 Propen'y is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the idem Within 10 days of the date on which tint notice is given, Borrower sh~ll satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification undJor reporting service used by Lender in connection with this Loa~ 5. Property Insurance. Borrower slmll keep the im ~.o. veraents now ex~ting or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other PENNSYLVANIA--Single Farnily--F~nnie Mae/Freddie Mac UNIFORM INSTRUMENT BKI7 SP IIi5 Fc~n 3039 1/01 hazards including, but not limited to, earthquakes and floods, for which Lender requires insunmee. Tiffs insurance shall be wnlnt~ined in thc amounts (inclucl~ng dednola~nle levels) and for the periods that Lender requires. What Lender requires pure,ant to the preeedino sentences can cl~.e cluring the term of the Loan~ The in.~uranee carrier providing the im'uranee shall be cho(en by Borrower subject to Lender's fight to disapprove Borrower's choice, which figt3, t 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 detcuvnlnatlon, certification and tracking services; or (b) a one-time charge for flood zone detercalnarion and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certLfication. Borrower shall also be respons~le 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 malmaln any, of the coverages descnq~t above, Lender may obtain insurance coverage, at Lender's option and Borrower s expeese, Lender is under no obligation to purchase any purdeular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borro.wer, Borrp. wer's equity in the Property, or the conten~, of th.e Property, a~oaln*t any risk, hsT~rd or liability and tm.ght provide greater or less.er coverage tha~ was previously m 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. All Lasumnce policies requited by Lender and renewals of such policies shall be subject to Lender's fight to disapprove such policies, slndl include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the fight to hold the policies and renewal certificates. If Lender requites, Borrower shall promptly give to Lender all receipts of paid premiums anti renewal notices. If Borrower obtal~ any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Prope~y, such policy shall include a standard mortgage clause and shall name Lender as mortgagee andior as an additional loss payee. In the event of loss, Borrower shall g~ve prompt notice to the imuranee 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 proceed, wh~ether or not the uncterlying insurance was required by Lender, sintll be applied to restoration or repair ot the vroperty, if the restoration or repair is economically feas~le and Len~r's security is not lessened: During such repair and restoration period, Lender shall have ~e right to hold such iusur~ce proceeds until Lender has had an opportunay to inspect such Property to ensure the work has been completed to Lender's sa~faction, 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 completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such imuranee proceeds, Lender shall not ,be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parries, 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 feas~le or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security instnuneut, whether or not then clue, with the excess, if any, paid to Borrower. Such i~surance 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 imurance claim and related matters, ff Borrower does not respond within 30 days to a notice from Lender that the insurance cartier has offered to settle a claim, then Lender may negotiate and serde the c 'laim. 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 iusurauce proceeds in an amount not to exceed the amount~ unpaid under the Note or this Security Iusu'ument, and (b) any other of Borrower's fights (other than the right to any refund of unearned premimn~ paid by Borrower) uncter all insurance policies covering the Property, imofar as such rights are applicable to the coverage of the Property. Lender may use the insurance ~rocecds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security tastmmeut, wliether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the exeoUion of this Security Iusmunent 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 BKI7ZSP[III6 PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT BK 1728PG I I 17 in writing, which consent shall not be unreasonably withheld, or uuless extenuating circumstances exist which are beyond Borrower's contxol. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower ~hnll not destroy, damage or impair the Property, allow thc Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing ia thc Property, Borrower shall m~intain the Propc~j ia order to prevent the Preperty 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 prompQy repair thc Property if damaged lo avoid further deterioration or damage. If iz~urance or condenmation proceeds arc paid in conuectiort with · damage to, or the tal:ing of, thc Property, Borrower shall be responsible for repairing or restoring thc P~.operty only if Lender has released proceeds for such purposes. Lcndes may disburse proceeds for the reparrs and restoration in a single payment or in a series of progress payments as thc work is completed. If thc insurance or condemnation proceeds are not sufficient to repair or restore thc Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entzies upon anti inspections of thc Property. If it has reasonable cause, Lender may inspect the interior of thc improvements on thc Property. Lender shall give Borrower noQee at thc time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, durin~ thc Loan applicaQon process, Borrower or any persons or entities acting at thc direction of Borrower or with Borrower's knowledge or consent gave materially false, mislcadlng~ or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material reprcsentaQons include, but arc not limited to, representations concerning Borrower's occupancy of thc Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under ~ls Security Instrument. ff (a) Borrower fails to perfol~ll the coven~nt~ ~ agreements contained in th~ Security ]nstrnment, CO) thee is a legal proceeding that might si~ificantly affect Lender's interest ill thc Property and/or rights under this Security Instrument (such as a proceeding in banlc~ptcy, probate, for condemnation or forfeiture, for enforcement of a lien which ma)' attain priority over tiffs Security Im~amcnt 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 rlght~ under this Security hastnanent, including protecting anclJor assessing the value of the Property, and securing and/or repairing the Property. Lender's actions eau include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Ins~a'ument; (b) appearing in court and (c) paying reasonable attorneys fees to protect its interest ia the Property and/or rights under this Security Instrument, inelual._~ its secured position in a b~.t-ruptey proceeding. Securing the Property includes, but is not limited to, c-~ltc~ng the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elimln~te building or other cede violations or d~ngerous conditt'ons, a~d 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 taring any or all actions authorized under this Sec~;ion 9. - Any amounts disbursed by Lender under this SectiOn 9 shall become additional debt of Borrower secured by this Secarity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such int~est, 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. If Borrower acquires fee title to the PropenT, the leasehold and the fee title shall not merge unless Lender agrees to the merger in wzi*i.£. 10. Mortgage Insuronce. If Lender required Mortgage Insuranee as a co~diQon of rn~i.£ thc Loan, Burrower sliall pay t.~ premlul~ required to m~im~i, the Mortgage Insura/lee ia cIfect. It', for any rcasuIL, the Mortgage insurance coverage required by Lc~ler ceases to be aYaJlablc from the mortgage insurer that previonsly provided such imuranee ~nd Borrower wns required to make separately designated paymc~s toward thc premiums fur Mortgage Insuranee, Borrower shrill pay thc premiums required to obtain coverage substantially equivalent to thc Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of thc Mortgage Insurance previously in effect, from an altornate mortgage insurer selected by Lenfler. If substnntinl~', equivalent Mortgage Imuranee coverage is not available, Borrower shall con6mle to pa)' to Lendor thc amount of the separately designated payments that were duc when thc imurancc coverage ceased to bc Form 3039 1/01 m effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shali bc non-refandable, notwithstanding the fact that the Loan is ultirmUely paid in full, and Lender sh,ll not be required to pay Borrower any interest or earmings on such loss reserve. Lender can no longar 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 desigaated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of makln~ the Loan and Borrower was required to make separately designated paymen~ toward the premiums for Mortgage Insurance, Borrower shall pay thc premiums requ/red to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wriC(en agreemen~ between Borrower and Lender providing for such terrnin~tlon or ,nt~q termination is required by Applicable Law. Nothini in this Section 10 affects Borrower's obligation to pay interest at the rate provided in thc 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 pa~ to the Mortgage Insurance. Mortgage hlsurers evaluate their total risk on all such insurance in force from time to time, and may eater into agreements with other pardes that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are sa~sfactory 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 preraiumx). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affilhRe of any of the foregoing, may receive (directly or indkectly) amounts that derive from (or might be characterized as) a poRion of Borrower's payments for Mortgage insuranoe, in exch~n_oe for sharin~ or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lcn~r takes a share of insurer's risk in exchange for a share of the premiums paid to the i.usurer, the arrangcmelR is often termed "captive rehasuranoe." Farther: (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 any reInnfl. (b) Any such agreements will not affect the rights Borrower has--ff any-with respect to the Mortgage Inanra~ce under the Homeowners lh'ntectlou Act of 1998 or any other law. These rights may include the right to receive certa~ 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 lnsurarlce premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfdture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellancous Proceeds shall be applied to restoration or repair of the Property, if the restoration or 'repair is economically feusible and Lender's security is lint lessened. During such repaiz and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an oppommity to inspect such Properc] to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be underu~en 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 kCerest 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 Miscel]mleOus Proceeds s 'hall be applied to the sum~ 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, desUuction, 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 valua of thc Prepeny in which the fair market value of the Property iramediately before the partial taking, destruction, or loss in value is equal to or greater than the PENNSYLVANiA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ Form 3~9 1/01 BKI728PGIII8 ElK 1728PI; I I 19 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 ia writing, thc sums secured by this Security insu-urnent 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 ia value divided by (b) the fair market value of the Property immediately before the partial fairing, 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 winch 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 taldug, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Prot~ecds shall be appllcd to thc sums secured by ~ 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 ia 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 Instrumem, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a fight of action ia regard to Miscellaneous Proceeds. Borrower shall be ill default if any action or procecdin4, whether civil or crlmin~l, is begun that, ia Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest ia the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate ns provided ia Section 19, by causing the action or proceeflln£ to be dismissed with a ruling that, ia Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest ia thc Property or rights under this Security Illstl'umenL Thc proceeds of ally award or claim for damages that are attributable to the impainuent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscelianeous Proceeds that arc not applied to restoration or repair of the Property shall be applied in the order provided for ia Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of thc sums secured by this Security Lnstnunent gra.~ed by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liab'fllty 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 ,~ms secured by this Security Instrument by rea.son of any demand made by the original Borrower or any Successors ia Interest of Borrower. Any forbearance by Lender in exercising any right or remedy inolualng; without limit~tlon, Lender's acceptance of payments from third persons, entities or Successors ia interest of Borrower or ia amounts less tlum the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Uabiilty; Co-signers; Successo_rs 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-si_onin_o this Security Iustmmem only to mortgage, gram and convey thc co-signer's interest in thc Property under the terms of this Security Instrument; Co) 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 Imtrumem or the Note without the co*signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under ~ Security Instrument in wrifing~ and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instnunent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenant* and agreements of this Security Instrument shall bind (except as provided ia Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed ia connection with Borrower's default, for thc purpose of protecting Lender's interest in the Property and x4~hts under this Security instrument, iacludlnE~ but not llmitcd to, attorneys' fees, propclty inspection and valuation fees. In regard to any other fees, the absence of express authority ia this Security Instrument to charge a specific fee to Borrower shall PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 0J Form 30~3/01 /page 8 of 12 page$l not be construed as a prohibition on the chargin~ of such fee. Lender may not charge fees that are expressly prohibited by ~ Security Insmimen~ or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is fln~,]ly 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 sh~]l be reduced by thc amount necessary to reduce thc charge to thc 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 reducin/ thc principal owed under thc Note or by m~t-in£ a direct payment to Borrower. If a refund reduces principal, thc rcduction 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 ~ constitute a waive~ of any right of action Borrower mi/hi have arisinff out of such overehargc. 15. Notices. All notices /ivan by Borrower or Lender in connection with this Security Iustrumem must bc in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mai]ed by ~ffst ClaSS I~ or when actuary 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 othel~,ise. The notice address shall be the Property Address unless Borrower has designsted a substitute ~otice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's ch~ge of address. If Lender specifies a procedure for repor~ng Borrower's chnn~e of address, then Borrower shall only report a change of address through that specified procedure. There may be only on= designated nollce address under this Security InsU'ument at any one thne. Any notice to Lender shall be given by delivering it or by msillng it by first class rn~il to Lender's address stated herein unless Lender has desig~}ated another address by notice to Borrower. Any notice in connection with this Security Instrument shsll 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 und~ Applicable Law, the Applicable Law reqnlrement will sa~sf~ the COrresponding requirement 16. Governthg Law; Severabllity; Rules of Construction. This Security Instrument shall be governed by federal law a=i the law of the jurisdiction in which the Property is located. All fights and obligations contained in this See~zity I~l~ffuracltt are subject to any requirements and lit'nltations 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 aEsluxt agreement by contract, tn the event thnt any provision or clause of this Secu~ Instrument or the Note cont~icts with Applicable Law, such conflict shall not affect other previsions of this Security Instrument or the Note which can be given effect wilhout the conflicting provision. .~s nsed in this Security Instrul~lent: (a) worc[s of the ~lascullne gender shall mean and include corresponding nouter words or words of the fernlni~e gexlder; (b) words in the si~tgnlar shall mean and include the plural a~l vice versa; and (c) the word "may" gives sole discretion without ~ obligation to take any action. 17. Borrower's Copy. Borrower shall be given ono copy of the Note and of this Secu~ Instrumeut. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or bel~fici~ interest in the Prop~, include, but Ilut llmltcd to, those beneficial internsts transferred in a bond for deed, contract for deed, inst~llment sales COllffact or escrow agreement, the intent of which is thc tzansfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Imerest in the Property is sold or t~ansferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or tzansferred) without Lender's prior written consent, Lender may require immediate paymeut in full of all sums secured by this Security Insu'~aneut. However, ~is optioa shall not be exercised by Lender ff such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall /ire 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 withi~ which Borrower must pay ail sums seenred 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 fntther notice or demand on Borrower. 19. Borrower's Right to Reil~state Al~er 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 contsined in this Security Instrument; (b) such other period as Applicable Law might specify for the termlustion of Borrower's fight to reinstate; or (c) PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ Form 3~9 _1/01 B~nkera Systems. Inc., St. Cloud, MN Form MD-~-PA 8120/2000 (page $ of ~2 pege$J BKI728PGII20 but not limited to, hazardous substanccs in consumer products). BK 1728P( I 12 ! entry of a judgment enforcing this Security Iastrumant. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Insu'umant and the Note as if no acceleration had occurred; (b) cures any default of any other covenant~ or agreements; (c) pays all expenses incurred in enforcing this Security Iusu'umant, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for thc purpose of protecting Lender's interest in thc Proper~ and rights under this Security Instrumant; and (d) takes such action aa Lender may reasonably reqdire to assure that Lander's imerest in thc Property ami rights under this Security Instrument, and Borrower's obtigation to pay the sums secured by this Security InsU'ument, 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 cheek, hank check; treasurer's check or cashier's check, provided any such check is th'awn upon an institution whose deposits are insured by a federal agency, instramentality or entity; or (d) Electxanic Funds Transfer. Upon reinstatement by Borrower, this Security InsU'umant and obligations secured hereby shall remain fully effective as if no acceleration had ocanrred. 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 Grievance. The Note or a partial interest in the Note (together ~ this Security InsUnarnont) can be sold one or more ~es 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 I~U'umant and performs other mortgage loan servicing obligations under the Note, th~ Security InsU'ument, 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 thc Loan Servicer, Borrower will be given writ~ notice of the change which will state the nalne and address of the new Loan Servicer, the address to which paymants should be made aM any other i~ormation RESPA re~luires in connection with a notice of tramfer of servicing. If the Note is sold aM thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligafians to Borrower will retnaln with the Loan Sexvicer or be trausf~rred 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 li~gant or the member of a clnss) that arises from the other party's actions pursua~ to this Security Insa'umant or that alleges that the other party has breached any provision of, or any duty owed by reason of, tl~ Security Instrument, until such Borrower or Lender has notified the other party (with such notice nix, an in compliance with the requiremeuts of Section 15) of such alleged breach aM afforded the other pa~ hereto a reasonable period after the giving of such no,ce to take corrective action. If Applicable Law provides a lime period which must elapse before certain action can be ~k~ that time period will be deemed to be reasonable for purposes of this paragraph. T~ae notice of acceleration aM opportunity to cure given to Borrower pure,ant to Section 22 aM the notice of acceleration givan to Borrower pursuant to Section 18 shall be deemed to satisfy the notice aM opportunity to take corrective action provisions of this Section 20. 21. Hazardous Subslances. As used in tliis Section 21: (a) "Hp. zardous Substances" are those substances defined as toxic or ha?ardoRs substances, pollumnt~, or wastes by Envirom-nontal Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides aM herbicides, volatile solvel~, materla~ containing asbestos or formaldehyde, aM radioactive materials; (b) "Enviranmantal Law" mea~ federal laws aM laws of the jurisdiction where the Property is lceated that relate to health, safety or anvironmantal protection; (c) "Envisonm~nd Cleanop" includes any response actiun, remedial actiun, or removal action, as defined in Eavi~onmantal Law; and (d) an "Eavi~onmantal Condition" mcaus a condition that can cause, contribute to, or otherwise lxigger an Environmental Cleanup. Borrower shall not cause or pemait the presance, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any HuTur4ous Substances, ca or ia the Property. Borrower nhall not do, nor allow anyone else to do, any~ng affec~ng the Prol~y (a) that is in violation of any Eavironmantal Law, (b) which creates an Environmental Condition, or (c) which, due to the presance, use, or release of a Hazardous Substance, creates a condition that adverseiy affects the value of the Prope~'ty. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small q~an~ties of Hazaedous Substances that are generally recognized to be appropriate to nomml residential uses ami to maintenance of the Property (including, Form 3039 1/01 Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmonml or regulatory agency or private party involvi~ the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, Co) any Environmental Condition, includin~ but not limited to, any spilling, lealt~.~,, discharge, release or threat of release of any H~7~r~lous Substance, and (e) any condition caused by the presence, use or release of a Ha~mrdous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any H~?~ous Substance affecting the Property is necessary, Borrower shall promptly take all necessnsy ~znedinl actions in accordance with Envh'omnemal Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM covENANTs. Borrower a~d Lender fumhe~ eaven~nt and'agree as follows: 22. Aeeciera~ou; Remedies. Lender shall give notice to Borrower prior to aneeleraticu following Borrower's breach of any covenant or agreement in this Seearity Instrumenl (but not prior to aecciecaticu under Section 18 unless Applicable Law provides otherwise). Leader shall notify Borrower of, nmong other things: (a) the default; (b) the action required to cure the default; (e) when the default must be eared; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by Judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existenee 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 ex'tent permitted by Applicable Law. ~. Release. Upon payment of all sums secured by this Security Instl-umcnt, tl~ Security Instrument and the estate conveyed s 'hall tc*rmlnate anti become void. After such eccurrcuce, Lcuder shall ~ischargc and satisfy this Security lnzLrumcm. Borrower shall pay any recordation costs. Lclaler 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 thc fcc is pemaitted under Applicable Law. 24. Waivers. Borrower, to thc extent permitted by Applicable Law,-wai¥cs and releases any error or defects in proceedln~os to cnforee this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from amachraent, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hou~ prior to thc commeneemant of bidd~n_o at a Sher~C~'s sale Ol' other sale pul*~ant to ti~ $cclLrity ~lsll~lmcnt. 26. Purchase Money Mortgage. If any of thc debt scea~ed by this $ccu~ instrument is lent to Borrower to acquire title to the Property, this Security fus~u~nent shall be a purchase money mol~gagc. 27. Interest Rate A~*ter Judgment. Borrower agrees that thc interest rate payable after a judgment is cutered on the Note or in an action of mortgage foreclosure shall bc tile rate payable from time to time ander thc Note. PENNSYLVANIA--Single Family--Fannie Maa/Freddie Mac UNIFORM INSTRUMENT ,~ Form 3039 1/01 BKI728PGII22 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenantn contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ~.~ ...... (Seal) '/ ................... $~PHEN~RAMER .Borrower PAMELA J. CRAMER ~ -Borrower [Space Below Thia Line For Acknowledgment] CO~OmVE~t~ O~ ~'E~SY~V~A,..L'.,~..~4/~./...W.. ...................... Co~ty ,: On this, thc..11TH ....... day of .J.U.t~(..g.0.0.1. ........................... , before m~ ..................................... ....................... thc undersigned officer, personally appeared .8.]'~?.~l. 0,.CJ~.~.P. 8~]-^.3,.C.8~l~..~.~.,J{]J~.T. ........ .0~I~.T.0.~A .......................................................................................... known to me (or satisfactorily proven) .to be the person 1~l ..... whose name ............... i:~l~, :.: .......... subscn~bed to the within instrument aad .iwlcdgcd that .................... ~}~¥ .................... executed thc same for thc purposes here~ contained. W:rI~qESS WHEREOF I hereunto set my hand and official seal. ';"t"~!~,~il;i ~. ~,~loria A. Martin, Notary Public ............. '/" --~' · '~' ' ':" ' "~' '(" ' '~: ........ ~~?~ashington Twp., Franklin County / ~~/'"Commi~ion Expires Sept. 30, 2002 ~t,,O.~;....;'? ~.~,,~. ' ................................................................. ee~dficd that thc address Of thc in thc within is ?:.O...q.O.X..39,.,1.0.Q.LJ.N.C.Q.L.N' ~.~.~.~.,.,,~ ,, ~m~ ................................................................................... :.. By )'HONI b~. ~1, .qbF~, :~P~ .VI. GE .P. SE~JD~NT..,d~. .................... ....................... ~.~pENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT BK 1728P ; I 123 F~m 3~39 1101 [~ege 12 of 12 pegesl EXHIBIT A ALL the situate in Pennsylvania, following described real estate lying and being the Borough of Newville, Cumberland County, bounded and described as follows: Tract No. 1: BEGINNING at a point at the southwest intersection of the Newville-Shippensburg Road and Cherry Street; thence west along the Newville-Shippensburg Road 65 feet to a point; thence south 111 feet to a point adjoining lands now or formerly of Willis K. Hurley; thence east 49 feet to a point at the intersection with said Cherry Street; thence north along said Cherry Street 128 feet to ~he point or place of beginning. HAVING erected thereon a block ~,b~di~g known as 10 Cherry Street. Tract Nd2 2: BEGINNING at a point in the public road leading from Newville to Shippensburg and known as Fairfield Street Extended; thence by lands now or formerly of Carl Mixell, south 06 degrees 45 minutes east 111 feet to a public alley; thence along the northern side of said public alley south 88 degrees 30 minutes west 263.7 feet to the aforesaid public road; thence by the southern side of the said public road, north 62 degrees east 280 feet to a point, the place of beginning. HAVING erected thereon a frame dwelling known as 203 Fairfield Street. Being the same real estate conveyed to Stephen D. Cramer and Pamela J. Cramer~, husband and wife, Mortgagors herein, by deed of Llonald E. Mixell and Vikki L. Mixell, husband and wife, dated May 12 1986, and recorded in Cumberland County De~d Volume 31-W, Page 594. BI( 1728PG I I EXHIBIT "C" .-~, · ,- Z/18/ao04 91 NOTIC i Date: TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ' This Is an official notice that the mortaaae on vour home Is in default, and the lender intends to foreclose. Soeolflo information about the nature of the default is provided in the atta¢hed {)sees. The HOMEOWNER'B MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to help to save vour home. This Notice exalalns how the program works. TO see f HEMAP Dan hal{re, you must MEET WITH A CONBUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with vou when you meet w th the Counse n9 Agency. The name. address and ehone number of Consumer Credit Counselina Agencies servlna your County are listed at the end of this Notice, If you have any questions, you may call the Pennsylvania Housing Flnanoe Agency toll free at 1-800- 342-2397. ;Persons with imoalred hearina can call (717} 780-1869L This Notice contains important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also wlant to contact an attorney In your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRAOUCClON INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO PeR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): S~II~K D CRAMER ABD PAI'I}~A J' ~ . . LOAN ACCT. NO.: t,'~65729 CURRENT LENDERFJERVlCER: ,{,mi ;Ama{ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY SE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS .IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ,. iF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND *, IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOBURE-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. IF YOU DO NOT APPLY FOR EMERG.E, NCY MORTGAGE ASSISTANCE. YOU MUST ?,RING YOUR MORTGAGE UP TO DATE. THE PART OF THIS ,NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-if you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for' thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desionated consumer credit counselino aoencies for the county in which the Drouertv is }ocated are set forth at the end of this Notice. It is on}y necessary to schedule one face-to-face meeting. Advise your lender ir~medratqly of your intentions· APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from t,h.e Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of, the designated consumer credit counsering agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IFYOU FAIL TO DO SO OR IFYOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. r /~GENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60 days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you il you have met the time requirements set forth above. You wi{I be notified directly by the Pennsylvania Housing Finance Agency el its decision on your application. NOTE: iF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. ; ~, {If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine It up to date.f NATURE OF THE DEFAULT-Thq MORTGAGE debt held by the above lender on your property located at: 264 ~DEUk'E~Z"i']~t A~]~ EBZ[mPi~£EtIRC. [mA. t~2~7 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now DEC. $1~,462.§9 JAl~. $1.462.69 ~. =}1,462.69 I I~.1"l~ CE&iLGEB ~526.55 Other charges (explain/itemize): {3. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not apolicab~e): HEMA Rev. 5, page I 7/99 (over) ~0W TO CURE THE DEFAULT-You m.~re the default witj3in ~-IIF~[Y (30) DAY .,~? the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LIiNDER, WHICH IS $,%eiq.o.~ , PLU~'~NY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY pERIOD, payments must be made either by cash. cashier's Gheck. certified check or money order made payable and sent to: IFYOU DO NOT CURETHE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise Its rights to accelerate the mortgaoe debt, This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If furl payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortaaged Drooertv. F THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff toPay off the mortgage debt. If the lender refers your case to ts attorneys, bu you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceed ngs are sta ed age nsf you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. q[vou cure the default within the THIRTY t30'~ DAY I)eriod. vou will not be ranulred to cay attorney's fees. OI'HER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. BIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure pr,o. ceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour l)efore the Sheriffs Sale. You mav do so bv oavino the total amount then cast due. plus any late or other charges then due. [easonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as seecified in wri0no bv the lender and bv performing any other reouirements under the mortoaoe. Curing your default In the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'6 SALE DATE-It i%estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately '~ months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait, You may find out at any time exactly what the required payment or action will be by contacting the lender. [.IOW TO CONTACT THE LENDER: Name of Lender: Fulton County National Bank & Trust Company Address; lO0 Lincoln t~ay East P.O. Box 38 ticConnellsburE, PA 17233 ' , Phone Number: 717-485-3144 ,' i Fax Number: 717-485-5134 Contact Person: Bradley J, True EFFECT OF SHERIFF'S SALF~--You should realize'that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and othei} be ongings could be started by the lender at any time. ~,SSUMPTION OF MORTGAGE-You may or X.'( may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: ".TO'SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ,,~ TO'HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALE ~.;:. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ~'."ro ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTy RunCtnEdon. FA 166.52 814-663-2343 Consumer Credit Counseling Service oE:~eate~n PA Inc. CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE HEMA Rev. 5, page 2 7199 ~~ ," ,..4,- ~ 7003 1660 0004 0704 2644 ~ ~? ~ _~/~" ~ ~~'~m~ ~'~ ~' '~ '~ ~. ~ 7003 1680 0004 0704 2620 ~?~' [ ' ' II : ,1 I .~[~%~ "[~ [ [ , : mm U.S. POSTAL SERVICE CEI~TII:ICATE OF MAILING ;o~-TM ~" ' ' "' ' .~ c:. c-, 'a;t'~'/l)O/ ~/7}~/~ lJmform Res,dent,al Loan lpphcatlon q ~._-~ -~_,/ I '1 Leo ~YP*: ~ GPM ~ ARM It~eh3YEARA~USTABLE 1971 Separated divelced* widowed} ' J agea [] Sepalated dlv°lced, widowed) Page 1 of 4 Fannie Mae Form 1003/Rev. 10192 Acct. no. J ~) 1,000.00 90.348.00 37,375.00 40,8?5.00 219.500.00 Acct. 20.00{}.00 J':,;',",'.'.::;'.:'= ............ , ........... , ...... ~, SHIPPENSBURG, PA 264 HOSTE rlER AVE IV[WVILLE. PA R 203 FAIRFIE,LO ST 130.000.00 81.000.00 NEWVILLE, .~A R I0 CHERKY ST 89.500.~0 AccountNumber :~ I;: ~'"' /-~ ~/~"-'/--~:'"' ' ! :~ ~11~, ,~;~ltlml' Inc.. St, Cloud, MN 11-800-397-2341p Fo,m URLA 6/3194 STEPHEN D, CRAMEH PAMELA J. CRAMER I NOTICE OF RIGHT TO APPRAISAL COPY SHERIFFIS RETU~M - OUT OF COUNTY CASE NO: 2004-01470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FULTON COUNTY NATIONAL BANK VS CRAMER STEPHEN D ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: CRAMER STEPHEN D but was unable to locate Him in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On May 24th , 2004 attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 56.60 o00 93.60 0s/2 /20o MARKIAN SLOBODIAN Sworn and subscribed to before me this 26R day of~ ]~ Prothonotary this office was in receipt of the ~. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01470 P COMMONWEALTH OF PENNSYLVkNIA: COUNTY OF CUMBERL/LND FULTON COUNTY NATIONAL BA~NK VS CRAMER STEPHEN D ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: CRAMER PAMELA G but was unable to locate Her in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT & NOTICE · Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On May 24th 2004 , attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 os/24/2oo4 MARKIAN SLOBODIAN Sworn and subscribed to before me this 2~ day of~ A.D. Prothonotar~ this office was in receipt of the So answ_er-~-- ~~jLL~ R. Thomas Kline ~ Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Fulton County National Bank Stephen~.~ Cr~tner et al SERVE: 04-1470 civil Stephen D. Craner No. April 7, 2004 hereby deputize the Sheriff of Franklin deputation being made at the request and risk of the Plaintiff. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Sheriff of Cma~berland County, PA Now, with/n upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So arlswers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof . County, PA COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Fulton County National Bank Stephen~.~ Cramer et al SERVE: Pamela G. Cr~ner 04-1470 civil No. NOW, gpril 7, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff o f Cumberland County, PA Affidavit of Service ~'~OW, within ,20 , at o'clock M. served the upon at by handing to a and made known to copy of the original So allswers~ the contents thereof. Sworn and subscribed before me this day of ,20 Sheriffof County, PA COSTS SERVICE MILEAGE AFFIDAVIT FULTON coUNTY NATIONAL BANK and TRUST coMPANY, Plaintiff STEPHEN D. cRAMER and pAMELA G. cRAMER, Defendants : IN THE COURT OF coMMON PLEAS : cUMBERLAND COUNTY, PA : CASE NO. 2004-01470 · CIVIL ACTION - LAW p._RAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the docket in the above-referenced action as ]being DISCONTINUED. Respectfully submitted, Dated: ~//'~/0 ~ LAW OFFICES G~RKIAN R. SLOBODIAN ~ 'I~,~ol~odian, Esq. ID #41075 Andrew R. Eisemann, Esq. ID #87441 801 North Second Street Harrisburg, PA 17108-1967 717/232-5180 Attorneys for Fulton County National Bank CERTIFICATE OF SERVICE I hereby certify that I have, this date, served a true and correct copy of the foregoing Praecipe via U.S. first class mail, postage paid, to the following individual(s): Stephen D. and Pamela G. Cramer 264 Hostetter Avenue Shippensburg, PA 17257 ~ A~Y~CAR~OLL~.~~ KAREN L. H Dated: