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Home My WebLink About01-1817 099999-00011/3.15.01/RW$/DCP/144382.1 WAYPOINT BANK, formerly known as HARRIS · IN THE COURT OF COMMON PLEAS OF SAVINGS BANK, ' CUMBERLAND COUNTY, PENNSYLVANIA · Plaintiff · NO.C /- ~pi 7 · v. ' CIVIL ACTION- LAW · PATRICK B. SCHILD, ' IN MORTGAGE FORECLOSURE · Defendant NOTICE TO DEFF~ND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the ease 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 AFFO~ ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE~ YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 099999-00011/3.15.01/RWS/DCP/144382.1 WAYPOINT BANK, formerly known as HARR/S · SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · Plaintiff . NO. o/-/c/7 & .44 · ¥. · CIVIL ACTION- LAW PATRICK B. SCHILD, ' · IN MORTGAGE FORECLOSURE Defendant COMPLAINT 1. The Plaintiff, Waypoint Bank, hereinafter sometimes called "Mortgagee", is a federal savings bank with a principal place of business at 2"~ and Pine Streets, Harrisburg, Dauphin County, Pennsylvania. The Plaintiff was formerly known as Harris Savings Bank. 2. The Defendant, Patrick B. Schild, hereinafter sometimes referred to as "Mortgagor", is an adult individual residing at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material to the Plaintiffs cause of action, the Mortgagor has been the owner of a tract of land and the buildings thereon hereina~er called the "land" located at 431 S. York Street, Meehaniesburg, Cumberland County, Pennsylvania. 4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 5. On July 24, 1996, in consideration of a loan of Eighty-Three Thousand ($83,000.00) Dollars made by the Mortgagee to the Mortgagor, Patrick B. Schild, the said Mortgagor executed and delivered to the Mortgagee, a note secured by a Mortgage on the land obligation the Mortgagor to pay the Mortgagee the principal sum together with interest at a variable rate as determined from time to time on the unpaid balance in monthly installments as set forth in the Note. The Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1333, Page 142. A copy of said Mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference. 6. The Defendant Mortgagor, Patrick B. Schild, is in default on the mortgage in that he failed to make monthly payments as required from and after November l, 2000. 099999-0001113.15.01/RWS/DCP/144382. 7. The Defendant is the present real owner of the land. 8. Under the terms of the Mortgage, the Defendant is also obligated to pay Plaintiff the expenses of collection including reasonable attorneys fees. 9. The usual and customary charge by attomeys for the collection of a delinquent mortgage is five (5%) percent of the unpaid balance of the mortgage. 10. The amount due the Plaintiff under the mortgage is computed as follows: Principal balance $79,267.50 Interest from October 1, 2000 through March 6, 2000 2,498.55 Escrow deficiency 1,683.15 Late charges 114.64 5% Attorney's commission 4,178.19 TOTAL $ 87,742.03 11. The Plaintiff has complied with the provisions of Section 403 of Act No. 6, 41 P.S. 403. 12. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680.403c. 13. The Defendant has failed to meet the time limitations specified by Section 403-C of the Act of December 23, 1983, P.L. 385, No. 91, 35 P.S. 1680.403c. 14. The Defendant is not a member of the Armed Forces of the United States and is not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. 099999-00011/3.15.011RWSIDCPI144382.1 WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of Eighty-Seven Thousand Seven Hundred Forty-Two and 03/100 ($87,742.03) Dollars together with interest thereon at the rate of 7.375 percent from March 6, 2001, and the costs of this suit. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER ichard W. Stewart Attorney I.D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff 099999-00011/3.15.011RWSIDCPI144382.1 EXHIBIT "A" ALL TItAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4, 1963' BEGINNING at an iron pin on the east side of York Street at the intersection of the eastern street line of said South York Street with the line of land formerly of Charles Eichelberger, now of Charles Keim and wife; thence along the line of said land North 74 degrees 29 minutes East 161 feet to a post on the western line of a 20 foot public alley; thence along the western line of said alley South 15 degrees East 31.5 feet to a point on the line of land formerly of Miss Nell Morrett, now of Robert Alexander and wife; thence along the line of said land through the center of a double frame garage and beyond South 75 degrees 1 minutes West 161 feet to a point on the eastern street line South York Street, aforesaid (this last mentioned point being 190 feet north of West Marble Street); thence along said York Street North 14 degrees 59 minutes West 30 feet to an iron pin, the place of BEGINNING. BEING TIlE SAME PREMISES which Gary W. Swanger and Beverly A. Swanger, husband and wife, by their Deed dated July 24, 1996, and recorded in Cumberland County Deed Book 144, Page 417, transferred and conveyed unto Patrick B. Schild, Defendant herein. TAX PARCEL NO. 20-24-0785-411 , ~,.'] [-' !- .-'.:.T :. "l.~:.:"-, i:;: !~'-r',r'r'-'D"~' OF D~:[-'Dt:, .-- '...~1 '~ ! i :_ r:U'.~[iERL;,,~.. ,, ,.; £:OU~II'"f- [';, '96 JUl. 26 fll'l 11 36 · . . .. (Space Above This Line For Recording Data) MORTGAGE THIS MORTGAGE ("Security Instrument") is given on ..... .~JIJ. l.y. ......................... .2...4. ................................................................................. .1..g...9..6.. ........ The mortgagor is ............................... B. atdck.B,..~.c, bil.(;I .............................................................................................................................................. : ............. ...................................................................................................................................................................................................................................... ("Borrower' This Security Instrument is given to ........................ ~l.~l[[r'i.~..~.~l.~iJ3g.~.~.8~ .............................................................................................................................. ;~;~.;;;;:;;;;;~;;;;;;~;;;;;;;;~;;;;;~;~;;;;;~-;~;~;~.~;j;;~i;ZZ; ...... :::::::::::::::::::::::::::::::::: ............................................................... ................. ' ...... .8.ec.o.r~.d..~..P..i.[~e..S.tr. ee.ts ........................ .H. ar. ds. burg,..P. L17J.0.1 ...................................... ; .......................................................... {-Lende,'"; Borrower owes Lender the principal sum of .................. Eigbty..T..hr. ee..T, bo.u~atld.~..nd.13.o/J.l).Q ........................................................................................ ................................................................................ ~ .................................................................................... Do,ars (U.S. $ ..... .83,00.Q,.0.O ............................. ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument {'Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on .... ~l,lg.l,l~[ ............. .1,.....2..0..,2..6.. ...................................... This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications of the Note; {b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ......................... ~l, lll]..l~.l~l['Ja[].d ........................... County, Pennsylvania: which has the address of ........ ~.3..1...~;,..¥.Q[k..~.[[~.l~[ ............. ; ......................................................... Nie.cb.an..l.csbur. g ................................ [Street] ............. [City] Pennsylvania .............. .1. .7.0 ~5.5. .................................. {'Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, a.nd fixtures now .. or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants end will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. . PENNSYLVANIA-SIngle Famlly-FNMA/FHLMC UNIFORM INSTRUMENT Page I of 5 pages Form 303g PAOI.FRM (O3/gl} FITECH EXHIBIT BOOK ]333 P4C~ :L,t2 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, In accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds In an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. S 260~et seq. ('RESPA'), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that Interest shall' be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiencY in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full ot all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable.law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly di,scharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage" and any other hazards, Including floods or flooding, for which Lender requires Insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain, coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. · All insurance policies and renewals shall' be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, if the restoration or repair is not economically feasible'or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. 'Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 2.1 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. PAOll. FRM (03/91) FffECIt Page 2 of 5 pages Form 3039 9/90 ,oo :1.333 1,]3 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other . material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default il Borrower, during the loan application process, gave materially false or inaccurate information or statements 'to Lender (or failed to provide Lender with any material Information) in connection with the loan evidenced by the Note, Including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not m~rge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment· · 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property· Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this'Security Instrument, whether or not then due, with an.y excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise · provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or 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 proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments· 1 1. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amodization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in Interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in Interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preciude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of lhis Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument ~nly to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is su'bject to a law which sets maximum loan charges', and that law is linally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limils, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected trom Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by PA012. FRM (03/91) FITECH Page 3 of 5 pages Form 3039 9~90 reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces prin~:ipal, the reduction will be · treated ag a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender· Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. if all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument· If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument· if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights In the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstale shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made· The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to lhe presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency ~r private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile · solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, 'Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS· .Borrower and Lender further covenant and agree as follows: · 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other · things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sutns secured by this Security Instrument, this Security Instrument and the estate conveyed shall ierminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. . 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit, of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. PAO13. FRM (03/91) FiTECH Page 4 o! 5 pages Form 3039 333,,c£ 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 ihall extend'to one hour prior to the ' commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a Judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] r~ Adjustable Rate Rider F--1 Condominium Rider ~'I 1-4 Family Rider LJ Graduated Payment Rider U Planned Unit Development Rider U Biweekly Payment Rider I.~ Balloon Rider U Rate Improvement Rider ' U Second Home Rider r--] Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the te~ms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with lt. ,/ ; ... ~' , ~... ...* Witnesses:, //,.; ~:_.~ / j ~ //.,P' . .. :. , :. /."". // F ~./ l / ,,'v' ; ' ' ..... '"'. [ ," 4¢... ,.. ._ · "~ .............; :' ;...;.;; ............................................................................. ; ................ .~...~ ............................................................................ I,q,~ = ~-.,-- Patrick B. Sclllld -Borrowe; Social Security Number ......................................................................... ........................................................................................................................................................................................................ (Seal -Borrowe; Social Security Number ......................................................................... · . ............................................................................................................ (Sea] -Borrowe; Social Security Number ......................................................................... ........................................................................................................................................................................................................ (Sea! -Borrower Social Security Number ......................................................................... [Space Below This Line For Acknowledgment] CO~'DN~~B OF P~~~ ~ OF D~H~ ON THIS, the 24th day of July, 1996, before me, a Notary _Public, the undersi_qned officer, personally appeared PATRICK B. S(/3ILD, known to me (or satisfactorily p~) to be the person whose name is subscribed to the within instrLm~nt, and acknowledged-. that he executed the same for the prupose therein contained. IN WITNESS WHERBOF., I have hereunto set my hand and seal. .. ,..~'- ,,'. ... , / .,,:...:,**.' "."" /'" ' ..' t""' '''" ~ """"~ h.'.'% I1:',; · .'./ .t:Q-,.'..~., .... .~.~il,-¢.-i.. ,?' c.,...:,-:;-'~ '''';...:- .... .-,.....~..-.~-.~..,...:,. '""" · ' 't'lll.'., ','~,* .' :.-~ ~: ,:.~-5"' ,' ~, /'."'"" =,:,~.: · :-- e./~,..%: .-..y *:~:--~ :: '.....A,. NOTARIAL SEAl. . :' ~...,.~,'-, *'". d .[.: ' ...'..'.." ~ "' =" j-z~ '~ .-.'.-~i}".-::-:-' STEVE C NICHOLAS, Hotary Public ·., ....~, 4, ..-.,..:-~'. .. '-. ,, · · ..... i.p. ' ,.~ ....."" .... '-', ......... ,, ........... Oily o1: t-!elri,*.burg, Dauphin County :"t';~. ~. -';'.: ;" :';4,; '''; ': ~;:;'~' ,:;C~..'...,..;:.' My Commission Expires Rapt. 25, 1999 -' :... · ,:~.-,.. '..~.~'l:._~t:".~ ~ .:,~ ~;' ',~.-' . ~:_..-://: ..o · ,- :~ .... ..o (~ .... ,,,., · ::. ::.. ~.~..2 "-.,°,~e° ~ ~ ~ · -'..;.'.:':.:?ot.to~:t.'~'.:,,,,,'~' ,,: ~....,,,.~;;,. :p?,.'. :" P^01,I.FRM (03/91) FITEOH Page 5 of 5 pages Form 3039 I~ ,XED/ADJUSTABLE RATE'RICh ~R" · . (1 Year Treasury Index--Rate Caps--Fixed Rate Conversion Option) THIS FIXED/ADJUSTABLE RATE RIDER is made this ..~,.Z}.~l. ............ day of ...,J.IJ[~J ....................................... ~1,9.~[}. ...... and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the 'Borrower') to secure Borrower's Fixed/Adjustable Rate Note (the 'Note') to .............................. Id~rr. is..S.~, .v. iPgs..l~.ar:tk .......................................................................................................................... .......... .$. e.co..nd .&..P. ina..S.tr.e, et .s. .............. I~=r.r. isbur, g,. P..&...1.7. .1 .Q .1 ................................................................................................ (the "Lender") of the same date and covering the property described in the Security Instrument and located at: ...... .d3.1...$.,...Y..Qr.t~.$t.r.e. et ................................................................................ M.e. cb. ar~.[c~.b~tr.g,..P.~ ..... .1.7.Q5.5 .............................. [Property Address] THE NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUN¥ THE BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND. THE MAXIMUM RATE THE BORROWER MUST PAY. THE NOTE ALSO CONTAINS THE OPTION TO CON- VERT THE ADJUSTABLE RATE TO A NEW FIXED RATE. ADDITIONAL COVENANTS. In addtion to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an intial fixed interest rate of ....7..,~.[~ ........... %. The Note also provides for a change in the initial fixed . rate to an adjustable rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustbale interest rate on the first day of .............. .~. [Jg[J.$.l~ .............. .....2..0..0...1., and the adjustable rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a 'Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Federal Reserve Board. The most recent index figure available as of the date 45 days before each Change Date is called the "Current Index.' If the index is not longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding .T...w..o..~I,.rI!~..T.~I[~..~..QuI~I3~. ......... percentage points ( ..... .~,.7..~.0. ..... %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in section 4(D) below, this rounded amount will be my new Interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid 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 monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than ...~.,~}..7.5 ........ % or less than .... .~,~.7..,~. ........ %. Thereafter, my adjustable interest rate will never be Increased or decreased on any single Change Date by more than two percentage points (2.00%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than ....1.~,.~.7..5. ........... % which is called the 'Maximum Rate.' (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an adjustable Interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B. FIXED INTEREST RATE OPTION The Note provides for the Borrower's option to convert from an adjustable interest rate with interest rate limits to a new fixed interest rate, as follows: 5. FIXED INTEREST RATE CONVERSION OPTION (A) Option to Convert to Fixed Rate I have a Conversion Option that I can exercise unless I am in default or this Section 5(A) will not permit me to do so. The "Conversion Option" is my option to convert the interest rate I am required to pay by this Note from an adjustable rate with Interest rate limits to the fixed rate calculated under Section 5(B) below. The conversion can only take place on the first, second or third Change Date. Each Change Date on which my interest rate can convert from an adjustable rate to a fixed rate is called the "Conversion Date." I can convert my Interest rate only on one of these three Conversion Dates. MULTISTATE FIXED/ADJUSTABLE RATE RIDER-1 YEAR TREASURY INDEX CONVERTIBLE- Single Family--Fannie Mae Uniform Instrument 3183 {8/94) Harrts Page I of 2 Form 3183 5/94 BOOK1333PACE I::.~ If ! want to exercise the Conversion Option, I must first meet certain conditions. Those c.onditions are that: (i) I must give the Note Holder notice that I want to do so; (ii) on the Conversion Date, I must not be in default under the I~iote or the Security · ins~trument; (iii) by a date specified by the Note Holder, I must pay the Note Holder a conversion fee of U.S. $250.00; and (iv) I must sign and give the Note Holder any documents the Note Holder requires to effect the conversion. (B) Calculation of Fixed Rate My new, fixed Interest rate will be equal to the Federal National Mortgage Association's required net yield as of a date and time of day specified by the Note Holder for (i) if the original term of this Note is greater than 15 years, or (ii) if the original term of this Note is 15 years or less, 15-year fixed rate first mortgages covered by applicable 60-day mandatory delivery commitments, plus five-eighths of one percentage point (0.625%), rounded to the nearest one-eight of one percentage point (0.125%). If this required net yield cannot be determined because the applicable commitments are not available, the Note Holder will determine my interest rate by using comparable information. My new rate calculated under this section 5(B) will not be greater than the Maximum Rate stated in Section 4(D) above. (C) New Payment Amount and Effective Date If I choose to exercise the Conversion Option, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay the unpaid principal I am expected to owe on the Conversion Date in full on the maturity date at my new fixed interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. Beginning with my first monthly payment after the Conversion Date, I will pay the new amount as my monthly payment until the Maturity Date. C. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION ABOVE, OR AFTER BORROWER EXERCISES THE CONVERSION OPTION UNDER THE CONDITIONS STATED IN SECTION B ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. ff all or any part of the Property or any interest in it is sold or transferred (or if a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. ff Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, AND UNTIL BORROWER EXERCISES THE CONVERSION OPTION UNDER THE CONDITIONS STATED INS ECTION B ABOVE, UNIFORM COVENANT 17 'OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION C1 ABOVE SHALL CEASE TO BE IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ AS FOLLOWS: Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be sumbitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require Immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expira, tion of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. :' .' ::" ;'~'~ .';'i :"::;* · ~:.~. ....~.':-..-~ ': ../.;...?.":'~...:, ,..:-;: BY SIGNING BELOW, Borrower accepts and agrees to the terms and coveRants contained in this Fixed/Adjustabl.~."l~te;Ri~i~r' t · ~ . r'~"~ · ~. ~,.-~,~".:-.~.. "~ .~.,.. ~,~" .. ;.':.~,,...i~:.i!~!...~.,..:.. .~,~O.f,-." f'~ ,, . . . ' ~.. " ~ ,. · ·" '. · '" ~'i '~"' :~i ";' :'"'~'!";'"'"':""' ':~""~":"' '":' ''''/ · , :; ...... . ,'. , '! , , .. ~...t ................ , ,,.; ~, ,~, .' .: ,. /.,.,,,..'~':: ~: L:._'":.~"..'i'".~....' · ';-..;::' '~' .-..~!~::i.'-" ! ...... I' / ......~.. ,. ~.. ,: t ~- ' .... (~"LC ,.~ · .~,~:'.' ':/'.-...:'.. ['~'.. _" w,,,',,, .......................................................... 'F~ii:i,~i~"~';'§8'/~ii ...................... ~:.;..'...:i~.v' !':;~;?;~_~']/:.i,.=.i'.-'" '. '~!!".":'- ~ --"-"-:~f:~" '.~ ¥' .,. · .'.~,~ ... .~.) - i ..,~.' ·: . . , i-.; .. ,'.'~ .................................................................................................................................................................. ~.:..~;:.- ....... ;..-:~.~./.(Seal}?.'.": .'. ~!..'1:~.. Witness ": ~...:- ' :'~::"' '".: ..... : '...:.::" ~'~( · ~' .: .... Borrower, .:'. :-;: :~ .. ..... 4: ('~ ,.,. , .: ..:~.:~,,, ....~.,.~,;,,. . .'. ,.; · --.'~ 0~'c.;,~sylvai'lla ~ ..... ..:.~'::' ...',:':~'-.'- .~ ........-_.'-.'.~.~ !.":.: c.,? C,,rr, t:e;le, nd j' ~ .,.~?:~' :'~','"i~''' ~i~;:'' .,;,.-~'-'"' ' ''/"'5" ;"'"'" -' ................................................................................. ... ._ .... ~.~.. ..... '..'..~,.,:..~~.,.,.....~.. .................................... ( ) witness ~':',/ i.'.,'i':,.",. ,'..'.,.~'"~.~7}'.~l'Of O~fiC /! ~,-)~ Borrow, r EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4, 1963. .. BEGINNING at an iron pin on the East side of York Street at the intersection of the Eastern street line of said South York Street with the line of land formerly of Charles Eichelberger, now of Charles Keim and wife; thence al6ng the line of said land North Seventy-four (74) degrees twenty nine (29) minutes East one hundred sixty-one (161) feet to a post on the Western line of a twenty (20) foot public alley; thence along the Western line of said alley South fifteen (15) degrees East thirty-one and five-tenths (31.5) feet to a point on the line of'land formerly of Miss Nell Morrett, no~v of Robert Alexander and wife; thence along the line of said land through the center of a double frame garage and beyond South seventy-five (75) degrees one (1) minuteWest one hundred sixty-one (161) feet to a point on Eastern street line of South York Street, aforesaid (this last -.. mentioned point being one hundred ninety (190) feet north of West Marble Street); thence along said York Street North fourteen (14) degrees fifty-nine (59) minutes West thirty (30) feet to an iron pin, the place of Beginning. BEING THE SAME PREMISES which Gary W. Swa,nger and B;,everly A. Swanger, o.-~ ~j~,.. , husband and wife, by their Deed dated the ,'~--,' ~day .of ..~!;... ..... '"'. :, . , 1996, transferred and conveyed unto Patrick B. Schild and intended to' be recorded in Cumberland County Records Office immediately following settlement. 099999-0001113.15.01/RWS/DCP/144382'l , , VERIFICATION Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification authorities. SHERIFF, S RETURN - REGULAR CASE NO- 2001-01817 p COMMONWEALTH OF PENNSYLVANIA- COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS SCHILD PATRICK B STEVEN M WHISTLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHILD PATRICK B the DEFENDANT , at 1745-00 HOURS, on the 3rd day of April , 2001 at 431 S YORK ST MECHA_NICSBURG, PA 17055 by handing to PATRICK SCHILD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs. So Answers. Docketing 18.00 Surcharge 10.00 R. Thomas Kline .00 33.58 00/00/0000 me this ,~ ~ day of m ~ ~( - Depu~ Sheriff - ~ A.D. 002905-00868/6.25.01/RWS/DCP/147524 WAYPOINT BANK, formerly known as HARRIS · IN THE COURT OF COMMON PLEAS OF SAVINGS BANK, · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . NO. 01-1817 CIVIL TERM V. · CIVIL ACTION- LAW · PATRICK B. SCHILD, ' IN MORTGAGE FORECLOSURE Defendant PRAECIPE FOR DEFAUI,T JUDGMENT TO THE PROTHONOTARY: Enter judgment by default in favor of the Plaintiff, and against the Defendant Patrick B. Schild in the amount of $87,742.03 with interest at the rate of 7.375 percent per annum from March 6, 2001, and costs, by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a notice to defend. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, Patrick B. Schild, at his last known address, 431 S. York Street, Mechanicsburg, PA 17055 on June 4, 2001; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice, together with receipts for mailing, are attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By:_' '~~ ,~~' r Richard W. Stewart Attorney I.D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated:_ ~1'~ ~J~O ~ Telephone (717) 761-4540 Attorneys for Plaintiff 002905-0086616.4.01/RWS/DCP/145637 WAYPOINT BANK, formerly known as HARRIS · SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVAN/A Plaintiff . · NO. 01-1817 V. CIVIL ACTION- LAW PATRICK B. SCHILD, ' IN MORTGAGE FORECLOSURE · Defendant TO: PATRICK B. SCHILD, 431 S. York Street, Meehanicsburg, Pennsylvania 17055 DATE OF NOTICE- June 4, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 JOHNSON, DUFFLE, STEWART & WEIDNER Richard W. Stewart Attorney I.D. No. 18039 Third and Market Streets P. O. Box 109 Lemoyne, PA 17043-0109 (7 ! 7-761-4540 Attorneys for Plaintiff ';.. ? -?..'. ~ . --~~ , ,.,~.. ~ ~oo0 · .r:~ , ~ ~ . ~ i . -- . i . i i ~ i ....... w~. · ~ ~ ~ ~:' P~:~~~5 , _.. ~ /" ~. ~ -~-?.:.'~,~ _~, ..... , ,- .... m ~ '~:' ~ ~ ':,, ~ .... ..... .'. ~ ..... .. ---- ~ ~ ~ I?:~ Ce~ified Fee "' j I1~ I'i .... ~ ' "~ z '".-.. -' - ' """; -- ~ ~ ~ ~ '/:g ~e, urn ~eceip, Fee Post~ark · ~ (Endorsement Required) '~ ~ Restricted Delive~ Fee ~ ~ (Endorsement Required) ' ~%~ ......... ~,~ ., .... ,.' ~ ~ ~ Total Postage & Fees ~ 0 ~ ~ ~ ~ l~ecipient'sName(PloasoPrintclearly)(tObecOmpletedbymaileO ~ O, m .-~at~~._B~..S~~ ................................................... ~ mm / 431 S. 'York. Street /. iO.,~ o,., -- ~o ~ o > O02905-O0868/8.21.01/RW$/DCP/149130 WAYPOINT BANK, formerly known as HARRIS · IN THE COURT OF COMMON PLEAS OF SAVINGS BANK, · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . NO. 01-1817 CIVIL TERM V. · CIVIL ACTION- LAW PATRICK B. SCHILD, ' IN MORTGAGE FORECLOSURE Defendant MOTION TO AMEND COMPLAINT The Movant, Waypoint Bank, by its attorney, Richard W. Stewart, moves that Your Honorable Court allow the Movant to file an Amended Complaint in the form attached hereto as Exhibit "A" and allow the Movant to serve upon Dimitra Schild and in support thereof sets forth the following: 1. Movant filed a Complaint to the above captioned term and number in mortgage foreclosure on March 28, 2001. 2. Judgment against the Defendant, Patrick B. Schild, was entered on July 1,2001. 3. Subsequent to the time that the Movant's mortgage was recorded the Defendant, Patrick B. Schild, placed the property in joint names with his wife, Dimitra Schild. A true and correct copy of the Deed is attached hereto as Exhibit "B". 4. As a record owner of the property Dimitra Schild should have been named as a Defendant. Respectfully submitted, JOHNSON, DUFFIF., STEWART & WEIDNER By:_ '~ Richard W. Stewart Attorney I.D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 7614540 Attorneys for Plaintiff ~1 002905-00868/8.21.01/RW S/DCP/149042.1 CERTIFICATE OF SERVICF, _ I, Richard W. Stewart, of the law firm of Johnson, Duffle, Stewart & Weidner, attorneys for Movant, do hereby certify that I served a true and correct copy of the attached Motion by United States Mail, first class, postage prepaid, upon the counsel listed below: Dimitra Schild 5005 Seneca Drive Mechanicsburg, PA 17055 Patrick B. Schild 431 S. York Street Mechanicsburg, PA 17055 JOHNSON, DUFf, STEWART & WEIDNER Dated: August T'--L-I ,2001 BY: .~/~7 ,~~q~ Richard W. Stewart 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043 717-7614540 Attorney ID No. 18039 Attorneys for Movant 099999-O0011/8.21.01/RWS/DCP/144382. , WAYPOINT BANK, formerly known as HARRIS · IN THE COURT OF COMMON PLEAS OF SAVINGS BANK, ' CUMBERLAND COUNTY, PENNSYLVANIA : Plaintiff · NO. 01-1817 v. ' CIVIL ACTION- LAW · PATRICK B. SCHILD and DIMITRA SCHILD · IN MORTGAGE FORECLOSURE : Defendants NOTICE TO DEFEND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOI~ ONE, GO TO OR TELEPHONE TI:rE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone' (717) 249-3166 099999-00011/3.15.011RWSiDCPI149132 WAYPOINT BANK, formerly known as HARRIS · IN THE COURT OF COMMON PLEAS OF SAVINGS BANK, · CUMBERLAND COUNTY, PENNSYLVANIA · Plaintiff . NO. 01-1817 : v. ' CIVIL ACTION- LAW : PATRICK B. SCHILD and DIMITRA SCHILD · IN MORTGAGE FORECLOS~ · Defendants AMNEDED COMPLAINT 1. The Plaintiff, Waypoint Bank, hereinafter sometimes called "Mortgagee", is a federal savings bank with a principal place of business at 2"d and Pine Streets, Harrisburg, Dauphin County, Pennsylvania. The Plaintiff was formerly known as Harris Savings Bank. 2. The Defendant, Patrick B. Schild, hereinafter sometimes referred to as "Mortgagor", is an adult individual residing at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendant, Dimitra Schild, is an adult individual residing at 5005 Seneca Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. On July 24, 1996, the Mortgagor became the owner of a tract of land and the buildings thereon hereinafter called the "land" located at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania by virtue of a Deed recorded in Cumberland County Deed Book 143, Page 289. 5. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 6. On August 15, 1996, the Defendant, Patrick B. Schild, conveyed the land to himself and his wife, Dimitra Schild, by virtue of a Deed recorded in Cumberland County Deed Book 144, Page 417. 7. On July 24, 1996, in consideration of a loan of Eighty-Three Thousand ($83,000.00) Dollars made by the Mortgagee to the Mortgagor, Patrick B. Schild, the said Mortgagor executed and delivered to the Mortgagee, a note secured by a Mortgage on the land obligation the Mortgagor to pay the Mortgagee the principal sum together with interest at a variable rate as determined from time to time on the unpaid balance in monthly installments as set forth in 099999-00011/3.15.01/RWS/DCP/149132 the Note. The Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1333, Page 142.' A copy of said Mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference. 6. The Defendant Mortgagor, Patrick B. Schild, and the Defendant, Dimitra Schild, arc in default on the mortgage in that they failed to make monthly payments as required from and after November 1, 2000. 7. The Defendants are the present real owners of the land. 8. Under the terms of the Mortgage, the Defendants are also obligated to pay Plaintiff the expenses of collection including reasonable attorney's fees. 9. The usual and customary charge by attorneys for the collection of a delinquent mortgage is five (5%) percent of the unpaid balance of the mortgage. 10. The amount due the Plaintiff under the mortgage is computed as follows: Principal balance $79,267.50 Interest from October 1, 2000 through March 6, 2000 2,498.55 Escrow deficiency 1,683.15 Late charges 114.64 5% Attorney's commission _ 4,178.19 TOTAL $ 87,742.03 11. The Plaintiff'has complied with the provisions of Section 403 of Act No. 6, 41 P.S. 403. 12. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680.403c. 13. The Defendants have failed to meet the time limitations specified by Section 403-C of the Act of December 23, 1983, P.L. 385, No. 91, 35 P.S. 1680.403c. 099999-00011/3.15.01/RWS/DCPI149132 14. The Defendants are not members of the Armed Forces of the United States and are not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Eighty-Seven Thousand Seven Hun&ed Forty-Two and 03/100 ($87,742.03) Dollars together with interest thereon at the rate of 7.375 percent from March 6, 2001, and the costs of this suit. Respectfully submitted, JOHNSON, DUFFIE, STEW~T & WEIDNER By: Richard W. Stewart Attomey I.D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 7614540 Attorneys for Plaintiff 099999-0001 l/3.1§.01/RWS/DCP/149132 VERIFICATION -' of Waypoint Bank, the Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiff's behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false state.ments made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification authorities. 099999-00011/3.15.01/RWS/DCPI149132 ALL TItAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4, 1963' BEGINNING at an iron pin on the east side of York Street at the intersection of the eastern street line of said South York Street with the line of land formerly of Charles Eichelberger, now of Charles Keim and wife; thence along the line of said land North 74 degrees 29 minutes East 161 feet to a post on the western line of a 20 foot public alley; thence along the western line of said alley South 15 degrees East 31.5 feet to a point on the line of land formerly of Miss Nell Morrett, now of Robert Alexander and wife; thence along the line of said land through the center of a double frame garage and beyond South 75 degrees 1 minutes West 161 feet to a point on the eastern street line South York Street, aforesaid (this last mentioned point being 190 feet north of West Marble Street); thence along said York Street North 14 degrees 59 minutes West 30 feet to an iron pin, the place of BEGINNING. BEING TIlE SAME PREMISES which Gary W. Swanger and Beverly A. Swanger, husband and wife, by their Deed dated July 24, 1996, and recorded in Cumberland County Deed Book 143, Page 289, transferred and conveyed unto Patrick B. Schild, Defendant herein. ALSO BEING TI:~ SAME PRESSES which Patrick B. Schild and Dimitra Schild, by Deed dated August 15, 1996, and recorded in the Office of the Recorder of Deeds of Perry County in Record Book 144, page 417, granted and conveyed unto Patrick B Schild and Dimitra Schild, Mortgagors herein. · TAX PARCEL NO. 20-24-0785-411 Scl, iid.dce(real eatale/mr) Parcel No. ZO-Z4-0785-41 I ~q~c~ /~ THIS DEED made the 115[h da¥ofAugus,, 1996. BETWEEN PATRICK B. SCHILD and DIMITRA $CHILD, wife and husband, of 431 $oaih York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, Parly of the Firsl Part, GRANTOR~ -AND- PATRICK B. SCHILD and DIMITRA SCHILD, husband attd wife, of 431 $oulh York Street, Mechanicsburg, Cumberland Counly, Pennsylvania 17055, Party of lite Second Purl, GRANTEE, WITNESSETH, That the said GRANTOR for and in consideration of the sum of One and no/lO0 ($1.00) Dollar and natural love and consideration, and other good attd valuable considerations paid by the said GRANTEE 1o the said GRANTOR, at and before lite signing and delivery of lhcsc presents, lite receipt whereof is hereby acknowledged, has granled, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, and convey unto thc said GRANTEE and GRANTEE'S heirs, successors and assigns tile following described premises: ALL THAT CERTAIN piece or parcel of land, silualc in lhe Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan lhereof made by William B. Whillock, Professional Engineer, dated Jur~e 4, 1965, its follows: BEGINNING at an iron pin on the east side of York Street al the inlcrseclion of the easlcrn slrcel linc of said South York Street with llle linc of land forntcrly of Clmrlcs £icl~clbcrgcr, now of Charles Keim and wife; thence along thc line of said land, Nortlt seventy-four (74) degrees lwenly-nine (2~) minules East, one hundred sixty-one (IG1) feel !o a post o~i lite western line of a lwcnly (20) foot public alley; thence along the weslern line of said alley, South fifteen (15) degrees East, thirty-one ($1) and five-tenths ($1.5) feet to a poinl on the line of land formerly of Miss Nell Morrell, now of Robert. Alexander and wife; lhence along tile line of said land lhrough/he center of a double frame .garage and beyond, South sevenly- five (75) degrees one (1) minute West, one hundred sixty-one (161) feet to a point on the eastern street line of South York Street, aforesaid (this last mentioned point being one hundred ninely (190) feet north of West Mable Street); thence along said York Street, North fourteen (14) degrees fifty-nine ($9) minutes West, thirty ($0) feet to att iron pin, the Place of Beginning. HAVING THEREON ERECTED a I I/2 story brick dwelling house and garage known as 431 South York Street, Meehanicsburg, Pennsylvania 1701515. BEING THE SAME PREMISES which Gary W. Swanger and Beverly A. $wanger, his wife, by their deed dated July 24, 1996 and recorded on July 26, 1996 in the office of the Recorder of Deeds in and for Cumberland County in Deed Book 143, Page 289, granted and .... 144 fACE 4:1.7 · conveyed unto l'a[rick B. $child, one of the Grantors herein. Patrick B. $child and Dimitra Sehild are husband and wife and therefore this transaction is exempt from realty transfer tax. TOCE:TH£R with all buildings, improvements, woods, ways, rights, liberties, privileges, I~eredilamenls and appur[enanees, to the same belonging, or in any way appertaining, and any ,'evisions, remainders, rents, issues and profits [hereof, and of every part and parcel [hereof, including any interests specifically set forth herein, if any. And also, all the es[a~.e, rigl~i, title, interest, property, possession, claim and demand whatsoever, bolh in law and equity, of the GRANTOR of, in and ~o the same. TO I-IAV£ AND TO HOLD the said premises, and the appurtenances, hereby granted lo GRANTEE and GRANTEE'S heirs, successors and assigns, Io and for l.he only proper use, benefi/ and behoof of Ihe said GRANTEE and GRANTEE'S heirs, successors and assign., forever, under and subjecl Io the conditions set forth herein, if any. AND the said GRANTOR hereby covenants and agrees Iha! GRANTOR will specially wqrrant Ihe properly hereby convey'ed. IN WITNESS WH£R£OF, the said GRANTOR has hereunlo set GRANTOR'$ hands and sen. Is II~e day and year first above wrilten. SIGNED, SEALED AND DELIVER.F.D · IN THE PRESENCE OF · Pa[tick B. schifd .? · !.! · : ,..-.~ ¢.-) , ...f:~ ..~ ~.. ~,~ ~ .. I ~:'* ,...:. .~{ 144 P, oE 4J.8 STATE OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : ON THE 1 §th day of August, 1996, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared PATRICK B. $CHILD attd DIMITRA SCHILD, husband and wife, -known to me (or satisfactorily proven) to be the persons whose name are subscribed to the witldn inslrument, and ac~aowledged that they executed the same for the purposes therein contained, and desired the same might be recorded as such. ' IN WITNESS WHE~OF, I hereunto set my hand and official seal "". ~. , NOTARIAL SEAL Notd~ Public STEVE C. NICHOLAS. Notary Public C', o' Harrisburg. Oaupl, in Coun~ My Commission Expires: My Commission Expires Sept. 25. 1999 ~, '~. .. CERTIRCATE OF ~SIDENCg ' I hereby certify that the address of the Deed herein contained is: 4~ 1 South York Steer Mechanicsbu~, PA 17055 zAttorney for Grantee , ~CO~ED in the O~fice for ~9o~ng of Deeds in and for Cumberland ~unty, Pennsylvania in ~coM Book ~, Page ~~ _. ,.,...,. · · . 144 419 002905-00868/8.21.01/RWS/DCP/149135 . ' ~AUG ~ ~ 20~~A... WAYPOINT BANK, formerly known as HARRIS · SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLV~ · Plaintiff . NO. 01-1817 CIVIL TERM · V. · CIVIL ACTION- LAW · PATRICK B. SCHILD, · IN MORTGAGE FORECLOSURE · Defendant ORDER AND NOW this ~I~~ day of ~ ,2001, upon consideration of the within Motion of _ Waypoint Bank, the Plaintiff is given leave to amend its Complaint as set forth in its Motion. BY J. 099999. 00011/8.21.01/RWS/DCP/144382.1 WAYPOINT BANK, formerly known as HARRIS · IN THE COURT OF COMMON PLEAS OF SAVINGS BANK, · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . NO. 01-1817 V. · CIVIL ACTION- LAW · PATRICK B. SCHILD and DIMITRA SCHILD · 1N MORTGAGE FORECLOSURE : Defendants _NOTICE TO DEFEND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the warned that if you fail to do so the ease may court your defense or objections to the claims set forth against you. You are 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 099999-00011/3.15.01/RWS/DCP/149132 WAYPOINT BANK, formerly known as HARRIS · IN THE COURT OF COMMON PLEAS OF SAVINGS BANK, · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . NO. 01-1817 V. · CIVIL ACTION- LAW · PATRICK B. SCHILD and DIMITRA SCHILD · IN MORTGAGE FORECLOSURE Defendants AMNEDED COMPLAINT 1. The Plaintiff, Waypoint Bank, hereinafter sometimes called "Mortgagee", is a federal savings bank with a principal place of business at 2nd and Pine Streets, Harrisburg, Dauphin County, Pennsylvania. Thc Plaintiff was formerly known as Harris Savings Bank. 2. The Defendant, Patrick B. Schild, hereinafter sometimes referred to as "Mortgagor", is an adult individual residing at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendant, Dimitra Schild, is an adult individual residing at 5005 Seneca Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. On July 24, 1996, the Mortgagor became the owner of a tract of land and the buildings thereon hereinafter called the "land" located at 431 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania by virtue of a Deed recorded in Cumberland County Deed Book 143, Page 289. 5. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 6. On August 15, 1996, the Defendant, Patrick B. Schild, conveyed the land to himself and his wife, Dimitra Schild, by virtue of a Deed recorded in Cumberland County Deed Book 144, Page 417. 7. On July 24, 1996, in consideration of a loan of Eighty-Three Thousand ($83,000.00) Dollars made by the Mortgagee to the Mortgagor, Patrick B. Schild, the said Mortgagor executed and delivered to the Mortgagee, a note secured by a Mortgage on the land obligation the Mortgagor to pay the Mortgagee the principal sum together with interest at a variable rate as determined from time to time on the unpaid balance in monthly installments as set forth in 099999-00011/3.15.01iRWS/DCP/149132 · the Note. The Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1333, Page 142. A copy of said Mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference. 8. The Defendant Mortgagor, Patrick B. Schild, and the Defendant, Dimitra Schild, are in default on the mortgage in that they failed to make monthly payments as required from and after November 1, 2000. 9. The Defendants are the present real owners of the land. 10. Under the terms, of the Mortgage, the Defendants are also obligated to pay Plaintiff the expenses of collection including reasonable attorney's fees. 11. The usual and customary charge by attorneys for the collection of a delinquent mortgage is five (5%) percent of the unpaid balance of the mortgage. 12. The amount due the Plaintiff under the mortgage is computed as follows: Principal balance $79,267.50 Interest from October 1, 2000 through March 6, 2000 2,498.55 Escrow deficiency 1,683.15 Late charges 114.64 5% Attorney's commission _ 4,178.19 TOTAL $ 87,742.03 13. The Plaintiff has complied with the provisions of Section 403 of Act No. 6, 41 P.S. 403. 14. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680.403c. 15. The Defendants have failed to meet the time limitations specified by Section 403-C of the Act of December 23, 1983, P.L. 385, No. 91, 35 P.S. 1680.403c. 099999-00011/3.15.01/RW$/DCP/149132 1 ~. The Defendants are not members of the Armed Forces of the United States and are not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Eighty-Seven Thousand Seven Hundred Forty-Two and 03/100 ($87,742.03) Dollars together with interest thereon at the rate of 7.375 percent from March 6, 2001, and the costs of this suit. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Richard W. Stewart Attorney I.D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761 4540 Attomeys for Plaintiff 099999-00011/3.15.01/RWS/DCP/149132 EXHIBIT "A" ALL TltAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4, 1963: BEGINNING at an iron pin on the east side of York Street at the intersection of the eastern street line of said South York Street with the line of land formerly of Charles Eichelberger, now of Charles Keim and wife; thence along the line of said land North 74 degrees 29 minutes East 161 feet to a post on the western line of a 20 foot public alley; thence along the western line of said alley South 15 degrees East 31.5 feet to a point on the line of land formerly of Miss Nell Morrett, now of Robert Alexander and wife; thence along the line of said land through the center of a double frame garage and beyond South 75 degrees 1 minutes West 161 feet to a point on the eastern street line South York Street, aforesaid (this last mentioned point being 190 feet north of West Marble Street); thence along said York Street North 14 degrees 59 minutes West 30 feet to an iron pin, the place of BEGINNING. BEING TIlE SAME PREMISES which Gary W. Swanger and Beverly A. Swanger, husband and wife, by their Deed dated July 24, 1996, and recorded in Cumberland County Deed Book 143, Page 289, transferred and conveyed unto Patrick B. Schild, Defendant herein. ALSO BEING THE SAME PREMISES which Patrick B. Schild and Dimitra Schild, by Deed dated August 15, 1996, and recorded in the Office of the Recorder of Deeds of Perry County in Record Book 144, page 417, granted and conveyed unto Patrick B. Schild and Dimitra Schild, Mortgagors herein. TAX PARCEL NO. 20-24-0785-411 l UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: , · ' 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower eh'all promptly pay when due the principal of and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2, Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lander on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds'} for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a Ilen on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property Insurance premiums; (d) yearly flood insurance premiums, if any; {e) yearly morlgaga insurance premiums, if any; and (f) any sums payable by Borrower to Lender, In accordance with the provisions of paragraph B, in lieu of the payment of mortgage insurance premiums. These items ara called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U,S.C. S 250~Gat seq, ('RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of currant data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity {including Lender, if Lender is such an Institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items, Lander may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or varifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an Independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement ts made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that Interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds In accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, In such case Borrower shall pay to Lander the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full ut all sums secured by thls Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior Io the acquisition or sale of the Properly, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable.law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to Interest due; fourth, to principal due; and last, to any late charges due under the Note. . 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositlons attributable to the Property which may atlaln priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment· Borrower shall promptly furnish to Lender all notices of m'nounts to be paid under this paragraph, If Borrower makes these , payments directly, Borrower shall promplly furnish to Lender receipts evidencing the payments. Borrower shall promptly di.scharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; {b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forlh above wtthln 10 days of 1he giving of notice, · 5. Hazard or Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards Included within the term "extended coverage" and any other hazards, Including floods or flooding, for which L~nder requires Insurance. This Insurance shall be maintained in the amounts end for the periods that Lender requires. The insurance carder providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower falls to maintain, coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. · All insurance policies and renewals shall'be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible'or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Securily Instrument, whether or not then due. The 30-day period will begin when the notice is given. 'Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 2,1 the Property is acquired by Lender, Borrower's right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this S.ecurity Instrument immediately prior lo the acquisition. PA011.FRM (O3/91) FffECI*I Page 2 o! 5 pages Form 3039 9/90 . oo ]t333 1,*,3 . . 6. Occupancy, Preservation, Maintenance and Protection of the Pro. perty; Borrower's Loan Application; · Leaseholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residenc~ within sixty days after the execution el this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default If any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Properly or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes f0rfeilure of the Borrower's interest in the Property or other . material impairment of the lien created by this Security Instrument or Lender's security Interest· Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements'to Lender [or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not mi~rge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Securlty Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. · 8. Mortgage Insurance. If Lender required mortgage insurance as e condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premlums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect, from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased lo be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage Insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance in effect, or to provide a loss reserve, until the requirement for morlgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prlor to an inspection specifying reasonable cause for the Inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by thls 'Security Instrument, whether or not then due, with an.y excess paid to Borrower. In the event of a partlal taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: ia) the total amount of the sums secured Immediately before the taktng, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount et the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise · provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner offers to ma~'e an award or settle a claim lor 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 proceeds, at ils option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 1 1. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in Interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in Interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preciude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of lhis Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenanls and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: ia) is co-signing this Security Instrument ~nly to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is su'bject to a law which sets maximum loan charges', and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limils, then: ia) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected Item Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by · PAO12. FRIVl {B~/91) FITECH Page 3 of 5 pages Form 30:)9 :144 , , reducing the principal owed under the Note or by making a direct payment to Borrower. If a refu.nd reduces principal, the reduction will be · treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mall unless applicable law requires use of another method· The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mall to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given affect without the conflicting provision· To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial Interest in Borrower is sold or transferred and Borrower Is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay ali sums secured by this Security Instrument· !! Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prier to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged· Upon reinstatement by Borrower, this Security Inslrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstale shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial Interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice.to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address cf the new Loan Servicer and the address to which payments should be made. The notice will also contain any other Information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to lhe presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of Ihe Property. Borrower shall promptly give Lender written notice of any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency ~r private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 20, 'Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the folio?lng substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile · solvents, materials containing asbestos or formaldehyde, and radioactive malerials. As used in Ihis paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS..Borrower and Lender further covenant and agree as follows: · 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other . things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d} that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default, is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all suYns secured by this Security Instrument, this Security Instrument and the estate conveyed shall ierminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. · 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit, of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption· PA013. FRM (03/91) FiTECH Page 4 of 5 pages Form 30~9 . 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the · commencement of bidding at a sherifrs sale or other sale pursuant to this Security Instrument. ' 25. Purchase Money Mortgage. ~f any of the debt secured by thls Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. interest Rate After Judgment. Borrower agrees that the Interest rate payable after a Judgment is entered on the Note or in an action of mortgage foreclosure sha]! be the rate payable from time to time under the Note. 27. Riders to this Security instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Sec. urfty Instrument. [Check applicable box(es):] ~ Adjustable Rate Rider ['--'] Condominium Rider ]--'] 1-4 Family Rider L._J Graduated Payment Rider L_.J Planned Unit Development Rider [~ Biweekly Payment Rider r"'-I Balloon Rider [-"'1 Rate Improvement Rider ' ~ Second Home Rider F--] Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the te~ms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. I Witnesses:, 4/'/.~L. ~- . ,~ "~! .~" ' · .... ,. , .~. ~.'/ '."' '..' , ' ' ,";7 · , ... .... .,.. · ';a ..... ' ....... ':'"';";~ .................. ' ......... ~' ~'~' V ................ '~'" ........................................................................... (¢= ~.~ Patnck B. Sclllld -Borrow. Social Security Number ........................................................................ . -Borrow': Soclal Security Number ....................................................................... -Borrow Social Security Number ......................................................................... -Borrov,, Social Security Number ......................................................................... ..... [Space Below This Line For Acknowledgment] . . · ~ OF DA~I~ ON THIS, the 24th day of July, 1996, before me, a Notary..Public, the undersigned officer, personally appeared PATRICK B. SCHILD, knc~n to me (or sa%isfactorily p~) to be the person whose name is subscribed to the within /nstrum~nt, and acknowledge~. that he executed the same for the prupose therein contained. IN WITNESS WHEREOF., I have hereunto set my hand and seal. · ..: ,-, ,...,, ,. f .. ,', .....,.~ .. ,, ~,.,..~- <..i...J'~ "" . t'-' ,..' ~r...:o ...-~L~- ..- ,% .. ~'~.-,,.~'.! ';~,/,:....~'" ..~ ,.-- ~.,A..oO ..'.¥- -,. ~..,. -~ . .., '~ . ... ,:.::, ~.- ¢~.'.. :,.~-...- / ~ · =~.=;,!2;~,.. · .- .~..:~. ~, ~': ~,' ~- ~ .-: ~. ~.-~ '~ ,.- NOT~RIAL ,..= ~:~ t= ,' ...... '..."~,' .'-' - ' ~'i ~,,..'.":~ii:? STEVE C. N~CHO~$, ~lotary Public .,'.~=. -~;' ~ .-" '~ ..-',:~. q": .~" ..~'.,' # .:~-- ',,~: ~.;..'..'- Cily ot i-lei~burg, Om.~phill Counly · ~/~- "...~.. '~ '~..,~,, .. ' .~.~,~ ~ ,,....4 - ~ .~. -,, · ...... ~, · .~ My Commi~sicn Expim.~ ~pt. 25, ~ ,.'..~'-~::~...z,--.,~:' .... ~..;.-:-;~ ~..," '., :-::.;~.~ o.~.~ ~ t: .u, !~',,,- ~..~..~ .,.'J'.: .~.. · ,.!..,f; .~,. PAO14.FRM (03J91} FrrECH Page 5 of 5 pages l~orm 3039 · t .XED/ADJUSTABLE RATE'Ribc~R.~ · ' (1 Year Treasury Index-Rate Caps-Fixed Rate Conversion .Option) THIS FIXED/ADJUSTABLE RATE RIDER is made this ...~;b. ............ day of ...~.lJl~(. ...................................... ~1,9,,~ ....... and i8 incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument') of the same date given by the undersigned {the "Borrower') to secure Borrower's Rxed/Adjustable Rate Note (the 'Note') to .............................. I:l=rr. ls..~i~v, i0gs..l~.a r~k .......................................................................................................................... .......... .S.e.~o.[~cL &..P. ip..e..Sl:[e.e[s .............. I:Jarr. isbur, g,.P..& ...1.7..1.0.1 ................................................................................................ (the "Lender") of the same date and covering the property described in the Security Instrument and located at: ...... · 'zta':l'"~"'Y"Qr'~;"~t-r'e'et ................................................................................ Nl~.cbaD.[c~b~g,..P.& ..... .1.7.05.~i .............................. [Property Address] THE NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUN=I' THE BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND. THE MAXIMUM RATE THE BORROWER MUST PAY. THE NOTE ALSO CONTAINS THE OPTION TO CON- VERT THE ADJUSTABLE RATE TO A NEW FIXED RATE. · ADDITIONAL COVENANTS. In addtion to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES .. The Note provides for an intial fixed interest rate of ...~,;~.7..~; ........... %. The Note also provides for a change In the Initial fixed , rate to an adjustable rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustbale interest rate on the first day of ............. .&lJgu=.t .............. .....2..0..0...1., and the adjustable rate I will pay may change on that day every 12th month thereafter. The date on which my Initial fixed Interest rate changes to an adjustable Interest rate, and each date on which my adjustable Interest rate could change, is called a · Change Date.' (B) The Index Beginning with the first Change Date, my adjustable Interest rate will be based on an Index. The 'Index* is the weekly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index.' If the index is not longer available, the Note Holder will choose e new index which is based upon comparable Information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding .T.~.O..~I, QI~..'['.~)F.~.I~..QI,[~[~. ......... percentage points ( ..... ~,,.7..~[0. ..... %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new Interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Dale in full on the maturity date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The Interest rate I am required to pay at the first Change Date will not be greater than ...~L~.~.~ ........ % or less than .... .:5,.~.7.1~. ........ %. Thereafter, my adjustable interest rate will never be Increased or decreased on any single Change Date by more than two percentage points (2.O0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than ....1.~,~.7.~. ........... % which is called the 'Maximum Rate.' (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will p=y the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of the change in my Initial fixed interest rate to an adjustable Interest rate and of =ny changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B. FIXED INTEREST RATE OPTION The Note provides for the Borrower's option to convert from an adjustable interest rate with Interest rate limits to a new fixed interest rate, as follows: 5. FIXED INTEREST RATE CONVERSION OPTION (A) Option to Convert to Fixed Rate I have a Conversion Option that I can exercise unless I am in default or this Section 5(A) will not permit me to do so. The "Conversion Option' is my option to convert the interest rate I am required to pay by this Note from an adjustable rate with Interest rate limits to the fixed rate calculated under Section 5(B) below. The conversion can only take place on the first, second or third Change Date. Each Change Date on which my interest rate can convert from an adjustable rate to a fixed rate is called the "Conversion Date.* ! can convert my Interest rate only on one of these three Conversion Dates. MUt.TISTATE FIXED/ADJUSTABLE RATE RIDER-1 YEAR TREASURY INDEX CONVERTIBLE- Single Family-Fannie Mae Uniform Instrument 3183 (8/94) Harris Page I of 2 Form 3183 5/94 · o If I want to exercise the Conversion Option, I must first meet certain conditions. Those conditions are that: (i) ! must give · * the Note Holder notice that I want to do so; (ii) on the Conversion Date, I must not be in de, fault under the Note or the Security instrument; (iii) by a date specified by the Note Holder, I must pay the Note Holder a conversion fee of' U.S. $250.00; and (iv) I must sign and give the Note Holder any documents the Note Holder requires to effect the conversion. lB) Calculation of Fixed Rate My new, fixed Interest rate will be equal to the Federal National Mortgage Association's required net yield as of a date and time of day specified by the Note Holder for (i) if the original term of this Note la greater than 15 years, or (ii) if the original term of this Note Is 15 years or less, 15-year fixed rate first mortgages covered by appllcable 80-day mandatory delivery commitments, plus five-eighths of one percentage point (0.625%), rounded to the nearest one-eight of one percentage point (0.125%). If this required net yield cannot be determined because the applicable commitments are not available, the Note Holder will determine my inlerest rate by using comparable information. My new rate calculated under this section 5(Bi will not be greater than the Maximum Rate stated in Section 4(D) above. lC) New Payment Amount and Effective Date If I choose to exercise the Conversion Option, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay the unpaid Principal I am expected to owe on the Conversion Date in full on the maturity date at my new fixed Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. Beginning with my first monthly payment after the Conversion Date, I will pay the new amount as my monthly payment until the Maturity Date. C. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION ABOVE, OR AFTER BORROWER EXERCISES THE CONVERSION OPTION UNDER THE CONDITIONS STATED IN SECTION B ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest in it is sold or transferred (or if a beneficial Interest in Borrower Is sold or transferred and Borrower is not a natural person) without Lender's prior writlen consent, Lender may, at its option, require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lander if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, AND UNTIL BORROWER EXERCISES THE CONVERSION OPTION UNDER THE CONDITIONS STATED INS ECTION B ABOVE, UNIFORM COVENANT 17'OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION C1 ABOVE SHALL CEASE TO BE IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require Immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the data of this Security instrument. Lender also shall not exercise this option if: la) Borrower causes to be sumbitted to Lender Information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and lb) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable Jaw, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than ,30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured'by this Security Instrument. If Borrower fails to pay these sums prior to the expira, tion of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. · . .;.,.;:~.. _..:~:..'...... BY SIGNING BELOW Borrower acce ts a ' .'~":' :/.~;i!~'"-. ~'"'?'.~.... .~.. , P nd agrees to the terms and cov~f~ants contained in this Fixed/Adiustable'.'~"~at~ ~'~'" · · -; ;.~L."-.-;':.'..~,. ~:. .... · // - o . ~: ..er .;',-..:.-~...~,.. · .. · ... · . ... /~ // ;:~'.... ~ c...:........=. ~%;...~-~.~ · .....; ,~..~...... :::~;.~ · ,. ~ . .. ~,....~.i;~;~ . ,.....,..::!..;:,~.~,:, ..: ~.~/~!:::...~.~ ....... r.,."';;/", ....... [_/.. 'hi ] I/./ .......... · ........... ................ : ....................................... I'" . .................. J, .~ ," '~ ,-"'.~ ' .~;.: '. ':' c." -': ..'.~:.~" .'f'.~".~ ................ :"' · ................................. [~ ............. '"(Seal '": '-.' ....... Patrick B. Schd~'" ,.....::~ff.: .... ~...,-. "_': .... . · } ....:.;.'- .:..-.:..,.'~;-. · ,:.-. ;'--~'"ll· .' '+..' morrow~el; '~ .?.' · .' :.-.,'.~.-' · '-'~.~'~ ',,~-'.',.".' '-'.-~. ~ ,L",,::, ,"~ ;'~'.,,.,,:.". ..................' .... w~m,.,, .................................................................................................. :~.':~.-..' . .;:j:; .;:.L.~.~.~",!:':· ...' ..":~'.";.-..~.i~ .................................. ,'~': ............ ;Z"': I,~eal ."....~' .......... ,...- ,.: :.t .. ~ .. :.. . . .:., t · . ,) ,~.... :. ....~.~-. .~:... ..: - ,. ,. : , ~¥. · '.". ¢'.f p~.:~"R · ' '~:"': .:_~' :Borro~ '" [~. '-....~'. '.'.'~:'~ ..... '_~lvama ) __ · .... ...,..., .-.,, ....... .., .,. -,--,...~,,,.. Witness ........................... ., , . , · ....... i._..: ............................. ~....... :.' · , ,,-'~,~, ~' ,, ~.~ ~' ,.:;.~.' . ,.,.' ..... ~.? m ~ne o, fi,.,:e for the ro~?~l'i~"5~"~~.'.,~!:.=· .... :-:~.""') ..--~:~"~ .=.!-"..'." · , - - :' · .. ~orrowe..P.'~::? '~,)',. w,,,.,. ................................................................. .,. .... ..... ...... ...... ,,..- EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land, situate 'in the Borough of Mechanicsburg, Ctm~berland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by William B. Whittock, Professional Engineer, dated June 4, 1965. · BEGINNING at an iron pin on the East side of york Street at the intersection of the Eastern sb'eet line of' said South York Street with the line of land formerIy of Charles EicheIberger, now of Charles Keim and wife; thence aleJn$ the line of said land North Seventy-four (74) degrees twenty nine (29) minutes Eas~ one hundred sixty-one (161) feet to a post on the Western line of a twenty (20) foot public alley; thence alon~ the Western line of said alley South fifteen (I5) degrees East thirty~one and five-tenths ($1.~) feet to a point on the line of'land formerly of Miss Nell Morrett, now of Robert Alexander and wife; thence alon~ the line of said land through the center of a doubIe frame garage and beyond . South seventy~five(78) de~rees one (1) minuteWest one hundred sixty-one (I6I) feet to a point on Eastern street line of South York Street, aforesaid (this last mentioned point being one hundred ninety (I 90) feet north of West Marble Stree0; thence along said York Street North fourteen (~4) degrees fifty-nine (59) minutes West thirty (30) feet to an iron pin, the place of Beginning. BEING THE SAME PREMISES wl~ich Gm3r W. Swa.nger and Beverly A. Swanger, husband and wife, by their Deed dated the ,::,/:' ~day of ..~,~ ..... '~ "~ , I996, transfen-ed and conveyed unto Patrick B. $chil'l'~and intended' to" be recorded in Cumberland County Records Office immediately following settlement. 099999-00011/3.15.01/RWS/DCP/149132 VERIFICATION Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification authorities. SHERIFF' S RETURN - REGULAR CASE NO: 2001-01817 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS SCHILD PATRICK B JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHILD DIMITRA the DEFENDANT , at 1935-00 HOURS, on the 13th day of September, 2001 at 5005 SENECA DR MECHANICSBURG, PA 17055 by handing to DIMITRA SCHILD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs- So Answers- Docketing 18.00 Service 7.80 .... Affidavit 00 F ~~'°"~'~~ · Surcharge 10.00 R. Thomas Kline .00 35.80 09/17/2001 JOHNSON DUFFIE STEWART & WEIDN Sworn and Subscribed to before By- me~ __..this /~~' day of ,~ D~puty Sheriff ~ ~rotfi6notarp 002905-00868/12.18.01/RWS/DCP/152925 WAYPOINT BANK, formerly known as HARRIS · IN THE COURT OF COMMON PLEAS OF SAVINGS BANK, · CUMBERLAND COUNTY, PENNSYLVANIA · Plaintiff . NO. 01-1817 V. · CIVIL ACTION- LAW · PATRICK B. SCHILD and DIM1TRA SCHILD · IN MORTGAGE FORECLOSURE Defendants PRAECIPE TO THE PROTHONOTARY: Schild. Please mark the above-captioned judgment satisfied and discontinue the above action with regard to Dimitra JOHNSON, DUFFIE, STEWART & WEIDNER Richard W. Stewart Attorney I.D. No. 18039 Third and Market Streets P. O. Box 109 Lemoyne, PA 17043-0109 (717-761-4540 Attorneys for Plaintiff