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HomeMy WebLinkAbout11-0334t , 'rILE0-0F Ii T'f 011 JA 14 P11 1: 5 7 BEE R L r!* d [, C ..) 11,' T' +` o.0.a 1 r f` a,! METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellY6'0,mette.com Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : DOCKET NO. .33 I v i''? DENISE FELKER, Y Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE *9Q.00 ?ow),, TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellyamette.com Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DENISE FELKER, Defendant : DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this 12th day of January, 2011, Plaintiff, METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., by its attorneys files the following Complaint in Mortgage Foreclosure: 1. Plaintiff is Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., a national banking institution with offices at Metro Center, 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendant Denise Felker is an adult individual who resides at 123 North 27`x' Street, Camp Hill, PA 17011. 3. By her Promissory Note dated May 3, 2003 in the original principal amount of One Hundred Thirty Nine Thousand Four Hundred Dollars and 00/100 ($139,400.00), Defendant is indebted to Plaintiff. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and made a part hereof (the "Note"). 4. Defendant's payment and performance of her obligation under the Note is secured by a lien and security interest created by a Mortgage executed on May 5, 2003 executed by Defendant as Borrower in favor of Plaintiff as Lender and recorded on May 6, 2003 in the Cumberland County Recorder of Deeds Office at Book 1809, Page 5158. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof (the "Mortgage"). 5. The real property subject to the Mortgage is located at and known as 123 North 27th Street, Camp Hill, Cumberland County, Pennsylvania, as more particularly described in the Mortgage (the "Real Property"). 6. Defendant is the real owner of the Real Property. 7. The indebtedness evidenced by the Note and secured by the Mortgage is in default because Defendant has failed to pay the total monthly payments due under the Note for October 1, 2010, and has failed to make any monthly payments from November 1, 2010 to the present. As of January 10, 2011, the amount in arrears totaled $7,040.09. 8. Notice of such default and the Defendant's rights under the Homeowner's Emergency Mortgage Assistance Act of 1983 was provided to Defendant on December 1, 2010 by certified mail. A true and correct copy of such Notice is attached hereto as Exhibit "C" and made a part hereof (the "Notice"). 2 9. On information and belief, Defendant has not taken any action prescribed in the Notice. 10. As of January 10, 2011, the amount of such indebtedness is $130,960.60, which is computed as follows: Principal $126,082.12 Interest as of 1/10/11 $2,569.51 Late fees $2,308.97 Total $130,960.60 Interest, attorneys fees, costs and expenses continue to accrue. 11. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Defendant in the amount of $130,960.60 plus continuing interest as well as continuing costs, attorneys' fees and expenses, and authorizing sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, Date: January 12, 2011 METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire `J Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff VERIFICATION I, John Robertson, Vice President - Asset Recovery Manager at Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that as such Asset Recovery Supervisor I am authorized to executed this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. 4cov ertson , Vice President ery Manager, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Dated: January 10, 2011 4 533970v1 ?????? NOTE May 6, 2003 [Date] CAMP HILL, PA [City / State] 123 North Twenty Seventh Street, Camp Hill, PA 17011 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a ban that I have received, I promise to pay U.S. $139,40D.00 (this smowt E Called 'Principal'), plus interest, to the order of the tender. The Lender Is COMMERCE BANKIHARRISBURl3 N.A.. I will make all payments wider this Note In the forth of cash, Check or money order. I understand that the Lender may transfer the Note. The Lender or anyone who take this NOW by transfer and who Is entitled to receive payments under this Note Is Culled the 'Note Holder.' 2. INTEREST Interest will be charged on unpaid principal and the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.000%. The Interest rate required by this Section 2 Is the rate I will pay both before and after any default described in Section 6(B) of this Note. PAYMENTS (A) Time and Plow of Payments I will pay principal and Interest by making a payment every month. I will make my monthly payment on the tat day of each month beginning on Jury i. 2003. 1 will make Chess payments every month until I have paid all of the principal and Interval and any other charges described below that I may owe under tile Note. Each monthly payment will be applied as of Its adiedu led due daft and will be applied to Interest before Principal. If, on June 1, 2033, 1 still awe amounts under this Note, I will pay those amounts I full on that date, which Is calted the 'Matunty Data.- I will make my monthly payments at COMMERCE BANKHARRISSURQ N.A., RESIDENTIAL MTQ, 100 SENATE AVENUE, CAMP HILL, PA 17011 or at a different place If required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $927.43. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a'Prepayment.' When 1 make a Preparnent, i will tell the Note Holder In writing that I am doing so. I may not designate a payment as a Prepayment 'If I have not made all the monthly payments due wrier the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Nate Holder will use rtry Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holler may apply my Prepayment to the accrued and unpaid Interest on the Prepaynrsnt amount, before applying ny Prepayment to reduce the Principal amount of the Note. If I make a partial Prepsyment, there will be no changes I the due date or In the amount of my monthly payment untess the Note Holder agrees I writing to those charges. 6. LOAN CHARGES If a law, which applies to this ben and which sate maximum ben charges, Is finally Interpreted so that the interest or other ban Charges collected or to be collected in Connection with thle ban exceed the permitted limb, then: (a) any such loan charge shell be reduced by the amount necessary to reduce the charge to the permitted linib and (b) any sums already Collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I we under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction wig be treated as a partial Prepayment. S. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has rot received the full amount of any monthly payment by the end of 16 calendar days after the data it is due, I wit pay a late charge to the Note Holder. The amount of the charge will be 6.000% of my overdue payment of principal and interest I will pay this late charge promptly but orgy once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be In default. (C) Notice of Default If I am In default, the Note Holder may sand me a wri ten notice tolling me that 9 1 do not pay the overcdtre amount by a certain date, the Note Holler may require me to pay Immediately the fug amount of Principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is malled to me or delivered by other means. (D) No Walver By Note Holder Even t, at a time when I am In default the Note Holder does not require me to pay immedletely in full as described stove, the Note Holder will still have the right to do so If 1 am In default at a later time. (E) Payment of Note Holder's Costa and Expenses If the Note Holder has required me b pay irmrwktdy in full as described above, the Note Holder will have the right to be paid back by me for all Q? a ea expenses I enforcing tine Note to the extent not prohibited by applicable lew. Those expenses include, for example, reasonable 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by malting l by first class mail to me at the Property Address above or at a different address If I give fine Note Holder a notice of rry different address. MULTISTATE FIXED RATE NOTE-Single Family-Fannie MadFroddle Mao UNIFORM INSTRUMENT Form 32001/01 Page 1 of 2 at the address stated in Section 3(A) ab3ve or a different address t 1 am given a notice of that dif wW ae Tress. 8. OBLIGATIONS OF PERSONS UNDER _ A NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promisee made In this Note, kwlu ft to promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Rote is also obligated to do -Sere St W. Any person who takes over tese obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep an of the promises made In this Note. The Note Holder may enforce Its rights under this Note against each person Individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 8. WAIVERS I and any other parson who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the tight to require the Note Holder to give notice to other persons that amounts due have not been pail. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in am* luisdlot)". In addition to the protections given to the Note Haider under this Note, a Mortgage, Dead of Trust, or Security Deed (the "Security Instrunet', dated the same date as this Note, protects the Note Holder from possible losses which might result t I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment In full of all amounts i owe under this Note. Some of those oorhdtt ne are described as fo®ows: If all or any part of the Property or any interest In the Property is soil or transferred (or If Borrower Is not a natural person and a beneficial Interest in Borrower Is sold or transferred) without Lender's prix written consent, Lower may require Irmwiltate payment in full of all sums secured by this Security Instrument. However, this option shat not be exercised by Lender If such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shell give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is given In aomdance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fats to pay these sums prior to the expiation of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. -- Denise Felker - Bo ewer Social Security Number (Sign Original Only] MULTISTATE FIXED RATE NOTE--Single Family-Fannie MaefFreddle Mac UNIFORM INSTRUMENT Form 32001/01 Page 2 of 2 /*T2 V-,? j. -9 GOIJi(TY- WHEN RECORDED MAIL TO: MY 6 03 COMMERCE BANKIHARRISBURG NA. RESIDENTIAL MM 100 SENATE AVENUE CAMP HILL, PA 17011 SEND TAX NOTICES TO: COMMERCE BANWHARRISBURG N.A. RESIDENTIAL MTTQ 100 SENATE AVENUE CAMP HILL, PA 17011 [Space Above This Line For Recording Debt] MORTGAGE DEFINITIONS Words used In multiple sections d this document are defined below and other words are de0ned In Sections 3, 11, 13. 18, 20 and 21. Certain rules regarding the uespe of words used in this douxxrnerd are also provkled in Section 18. (A) "SscwMy Instruamsnt" means this document, which is dated May 5, 2003, together with all Rulers to this document. (B) `Borrower' Is Dorks Felker. Borrower is the mortgpor under the So=* Instrument. (C) "Lands" Is COMMERCE BANKIHARRISBURG N.A. Lender Is a Corporation organked and existing under the laws of the United States of America. Lender's address is RESIDENTIAL MTTG, 100 SENATE AVENUE, CAMP HILL„ PA 17011. Lender Is the mortgagee under the Somwily ktstnunertL (D) `Note" means the promissory rote elgred by Borrower and dated May S, 2009. The Note states that Borrower owes Lender One Hundred Thirty-nine Thousand Four Hundred 3 0QH00 Dollars (U.S. $139,400.00) plus interest Borrower has pnmlsed to pay this debt in regular Periodic Payments and to pay the debt In ful not later than June 1, 2!133. (E) ?Propery means the Aropny ttat a described below uder the hwAV "Transfer of Ripftta in ft Property.' (F) Loan' melee the debt evidenced by the Nob, plus Interest, any prepayrnsnt charges ad late Barges due under the Note, and all sums due under the Security Inatrunai, plus hWWL (Q) Rklers' means all Rides to this Saw* Instrument that are executed by Swower. The fallowing Riders are to be executed by Borrower [check box as applicable]: 0 Adjueable Rate Rider 0 Condominium Rider 0 Second Home Rider 0 Balloon Rider 0 Planned Unk Development Rkher 0 Oiler(s) [spectly] _ 0 1.4 Family Rider 0 Biweekly Payment Rider (H) 'Applicable Law' means all controHng applicable federal. state and local statutes, regulations, ordinances and administrative ales and orders Met have the effect of law) as wall as all applicable flnel, norrappeeiabte judicial opinions. (q 'Community Assodallim Dues, Fees, and Assessments' melee rd dues, fees, assessrnens and other charges that are Imposed on Sorrower or the Property by a owxbnrrdmxm association, homeowners association or simMar orgy intbn. (J) 'Elsohanic Fonda Tkarefa' mess any transfer of Mslde, other than a transaotlon WVneted by check, draft, or similar paper inetrumer% which IS initiated traph on etackonic larrriral, teleptpnle Instrument, computer, or magnetic taps so as to order, Instruct or suflorixe a fler>olsl Imatlkrtlon to debit or oredt an aoowft Such term inolwles, but Is not limited to, poht-d-sale transfers, automated taf er machine transactions, ttanWers Initiated by telephone, wins transfers, and auWraled clea fthouss transfers. (IQ Escrow Tuns' means those Ilene itat are described In Section 3. (L) 'MisCetansow Proceeds' means any camQeaaton, settlement, award of damages, or proceeds paid by any third party (other than inswarroe proceeds paid under to0owwages described In Seaton 5) for (f) damage to, or destruction of, to Property; (19 cordarra w or other taking of all or any part of the Property; ON) oonveyertoe In Neu of condemnation; or (iv) mtempseemfattas of, or omissions as to, the value and/or condition of ft Property. (M) "Matgpa Insurance" means insurance potectlg Larder against the nonpayment of, or default on, to Loan. (N) 'Periodic Psyment' means the regularly scheduled amount due for (n principal and Interest under the Note, plus (Iq any amounts wrier Section 3 Of this Security Instrument. (O) "RESPA' mess the Real Estate Settlement Pmoeduse Act (12 U.S.C. 5 2801 at seq.) and its knpensMirg MWAMion, RpAstbn X (24 C.F.R. Pam 3500), as they might be Amended from t me to time, or any additional or successor Iegelaton or regulation that govems to same sugact matter. As used in this Security Instrument, 'RESPA' refers to all net*emermts and restriNone that are unposed In regard to a'firderally related mortgage loan' avert I to Low does not quality as a "federally related m ortgsW khan" under RESPA. (P) 'Suaomw In Interest Of Borrowee means any party that has taken 11% to the Property, whether or not that parry has assumed Borrower's obligations under the Note anc& the Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Securtty Instrument SWAM to Leda: m the repayment of to Loan, and aI renewals, oderslo s and modifications of the NOW and (N) the performance of Borrower's covenants and agreements under this Sscuty Inseuwm and the Note. For this purpose, Borrower does hereby mongsge, grant and cm mey to Lender, the folmft described property located In the County of Cumberland: Real Properly tax Identification nurn1w Is ALL THAT CERTAIN fiats of lard and Improvements sMude In the Borough of Camp Hill, Cumberland County, Pennsylvania mom partloularty bounded and described In Exhibit ' ' attached hereto. which currently has the address of 123 North Twenty Seventh Street, Camp Hill, Pennsylvania 17011 ('Property Addreal: TOGETHER WITH all the improvements now or hereafter erected on the property, and el easements, appurtenances, and fixtures now or hereafter a Part or to poperty. Al replacements and additions shall also be covered by the Security Instrument. AI of the Wowing Is referred to In this Security Instrument: as the 'Property.' BORROWER COVENANTS that Borrower Is lawfully safeed of the estate hereby conveyed and has the right to mor%pe, grant and ow" the Property and that the Property is ursncurtihered, except for encumbrances of record. Borrower warrants and will defend generally the We to the Property against all calms and demands. subject to arty encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenenle with limited vaeatons by judsdicdon to PENNSYLVANIA•Sk4e Famly-Farmle MaelFreddle Mac UNIFORM INSTRUMENT Form 3039111" Page i of 8 BK 1809PG5158 constitute a rWform security instrument ooverinl UNIFORM COVENANTS. Borrower and L%«wr covenant and agree as follows: 1. Payment of Principal, kdantst. Escrow gems, Prspaymsnt Cherges, and Late Charges. Borrower shad pay when due the principal of, and Interest on, the debt evidenced by the Note and any prepayrnert charges and We charges due under the Note. Borrower shall also pay horde for Escrow, !lane pursuant to Section 3. Payments due under the Nota and this Security Insbtmant cat be made in U.S. currency. However, k any check or other istrurnem received by Larder as payment under to Note or this Security hstrumwd is rehrmed to Larder unpaid, L.erdp mi,' ( require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of to following forma, as selected by Lander: (a) cash (b) moray order, (e) cwditd check, bank clack, treasurers check or cashier's cheek. provided any such check Is drawn upon an Institution whose deposits are Insured by a federal agency, instrumentally, or snfity; or (d) Electronic Fads Transfer. 1 received at Lander toe tion designated In the Note or at such other location as may be denigrated by Paymarrols are owned received by Lender when Section 15. Larder accordance the rides provisions In are Insufficient to bring to Loan current. Lender maynoept any payment or partial papayment or partial yment ihehfficemt lo bring to Loan current, without, any tights hereunder or pra)udlaa to is rights to refuse such payment or partial payments in the but rs, but Lender is not obligated to apply such paymenls:at the time such paymsrte are accepted. If each Periodic Payment Is applied as of ft scheduled due date, then Lander reed not pay interest on urappl)ed furls. Larder may hold such uroppled funds hell Borrower makes payment to brig the Loan cureht. It Borrow does not do so within a reasonable period of tine, Lender shall shiner apply such furls or return them to Borrower, ti rat applied sad isr. such funds will be applied to tp outstanding prkoipel balance under to Note Immed ately tamer to foreclosure. No oftet or dawn which Borrows might haw raw or in to future against Larder shah relieve Borrower from making payments due dada the Note and this Security hstturnent or perfom*V the covenants and agreenots secured by qua Seoudgt Instrument. 2. Application of Payments or Proceeds. Except as effsrwiae described In the Section 2, all payments accepted and applied by Larder shall be applied In the folowig order of PftW. (a) Interest due under to Note: 4b) principal due order to Note, (c) amounts title untie Saodon 3. Such payments shell be applied to each Periodic Payment In to order In ~ It became due. Any remaining amounts shall be appled first io Isle charges, second to any oiler ammonia due under the Security Instrument, and then to reduce the principal balance of the Note. d Lander reosi es a payment from Borrower fin a delinquent Periodic Payment which irdudse a sufficient amount to pay any NO charge due, the parrot may be applied lo the dNigrrent payment and ft Iota charge. M more than one Periodic Payment Is outstanding. Larder may apply any payment recehrod from Borrower to the repayment of the Periodic Payments 1, and to the extent that, each payment can be paid In full. To the extent that any excess exec after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary preprymwts shall be applied first to any prepayment charges and ton as described In the Note. Iroloura due date, applioaft to Payme ount nts, the Period nceo proceeds, or Miscellaneous Proceeds to principal due under the Note shall rat extend or postpone the or dww a of 3. Furls for Escrow Itstns. Borrower shelf pay to Lender on the day Periodic Payments are due under the Note, u rd are Nola is paid in full, a sun (the 'Fuds7 to provide for payment of amounts cis for (a) taxes and assessments and otor items which can attain prbrly over this Security Instrument as a lien or eroxrmbnanoe on the Property; (t) leasshokf payments or ground rents on the Property, day; (F) prariara for any and all ksura oe required by Lander under Section 6; and (d) Mortgage Insurance premiums, d any, or any sums payable by Borrower to Larder In Hsu of the payment of Mortgage Insurance p urnirte In accordance with the provisions of Section 10. These Items are sled 'Escrow henna.' Al algiatlon or at ary qme during the tan of the Loan, Larder may require that Community Association Dues, Fees, and Anseaments, t any, be escrowed by Barowar, and such dues, fees and assessments shall be an Escrow Item Borrower shall prampty furnish to Larder all nodose of amounts to be pals ruder this Section. Borrower shat pay Lerder to Fuchs for Escrow Items unless Larder waives Bortowaft obligation to pay the Funds for any or all Escrow Items. Lender may walve Borrower's obligation to pay to Lender Fade for any or all Escrow items at any tire. Any such waiter may only be it writing. In to evert of euxch waiver, Borrower shall pry directly, when and where payable, the amounts due for any Escrow Iteme for which payment of Fads has been waived by Larder WW, N Lender requires, shad furnish to Lander receipts evidencing such payment within each dine period as Lander may require. Somowees obligation to make such payments and to provide receipts shall for all purposes be doomed to be a ooven ut and agreement contained In finis Security instrument, as the phrase covenant and agresm oror Is used In Section 9. If eomuwe is obligated to pay Escrow Name directly. pursuant b a waiver, and Borrows faits to pay the watt titre for an Escrow Item, Lender may exercise to rights under Section 9 and pay such amount and Borrower shall tan be obligated under Section 9 to ropey to Larder any such amount Lander may revoke 1119 Waiver es to any or all Escrow Mme at any the by a notice giver In 400ordence with Section 15 and, upon such revocator, Borrower shall pay to Lender ell Funds, and in such amounts, that are than nKpatired under this Section 3. Lade may, 81 any time, coleot and hold Fade In an amount (a) sufficient to permit Lender to apply the Furls at Cue fire spscled wow RESPA, and (b) riot is exceed to meldmtm amount a larder can require under RESPA. Larder shelf ssdrrate the amount of Fade due on the basis of current data aril reasonable sadrtaas d expenditures of future Fir terns or otherwise In accordance with Applicable Law. The Funds shall be hold in an Institution whose deposits are Insured by a federal agency, InstrtrnsnWlly or Oft, (Inducing,Lender,.t LprKer is an kstidufion whose dsposdts are so inured) or in any Federal Horne Wall Bank. Lender shall apply the Funds to pay to Escrow dam"rho eten'than to fire "Wad under RESPA. Lander stag not charge Borrower for holding and appyig the Fads. annually wayzhp tie escrow accoux, or verifying the Escrow hems, unless Lander pays Borrower treated on to Funds and Applicable Law permits Lender to make such a charge. Unless an aWownwd IS trade In wnNkg or Applicable Law requires interest to be paid on the Fords, Larder stall not be required to pay Borrowirr any interest or earnings on its Fade. Borrower and Larder can agree in writing, however, that interest shelf be paid on to Funds. Larder shad give to Borrower, without chow, an adder arxoundng of to Funds as required by RESPA. If two Is a surplus of Funds held In sscrow, as defied under RESPA, Lander shall atxxxm to Borrower for the excess funds in accordance with RESPA. 0 two Is a shortage of Funds held In escrow, as defined under RESPA, Lender shah natty Borrower m required by RFSPA and Borrower shat pay to Larder to amount necessary to make up the shortage in accordance with RESPA, but In no more than 12 moxtfdy paymeres. H tare is a defldencyr of Funds held In escrow, as defied alder RESPA, Lander stall nodly Borrower as required by RESPA, and Borrower shall pay to Lander the amount necesesry to matte up the deficiency In accordance with RESPA, but In no more than 12 monthly payments. Upon payment In full 0 (all suns secured by Chia Ssuxrty Instrument, Lander shell promptly refund to Borrower any fade held by Lander. 4. Chww, Lens. Borrower stall pay all taxes, assesmoaha. charges, fines, and impoelt ons stbiMAable to the Property witch can attain priority over ire Security hstrurrnsM eaeshcd payments or grouted rends an the Property, It Wolf, and Community Association Dues, Fees, and Asseesments, d any. To to ado t that the" hens are Escrow home, Borrower shall pay them in the manner provided In Section 3. Borrow alai promptly discharge any lion which has priority over tits Security katru ent unless Borrower; (e) agrees In wri ft to the payment of the obligalbnh secured by the Non In a manna acceptable to Larder, but only so long as Borrower is PoAonnhg such agrnrrert; (b) rcrtsets the lien in good faith by, or defends against onlomenent of the lien in, legal proceedings which in Lender's opinion operate to prevent the anWrtsnNM of the lien While tons Proceedings are pending, but only hall such proceedings are concluded; or (c) sepses ban the holder of the don an agreement e dshckry to Lander snbordinating the lien to the Security kstrunerd. If Lender determines tat any part of the Properly is sub)ect to a ion which can attain pdodly eve this Sec rdy Instrument, Lends may give Borrower a notice i entifyig the fisn. Within 10 days of the date an which that notice is given. Borrower shad safely the here or take one or more of the actions set filth above in this Section 4. Larder may require Borrower to pay a one-tm a charge for a real estate tax valdcadon anchor reporting service hared by lender in connection with this Loan. fi Prcpsrty lahwrartce Borrower shall keep the hhprwertents now exethg or naentarereated on the Property inured against bes by fire, hazards inNredh wllhIn Ce femur 'oxtandsd toverage; and sky other hazards ihcudimg, but not limted to, earthquakes and floods, for which Larder requires isrraroe Tide ihedrarce shall be maitained In to errhouxwb (Including deducible levels) and for the periods that Larder requires. What Lender Inswance center providing the Insurance star be chosen by Borrower stb(eot b Lander s right tc disapprove Birtowreu's occice, which right alai rhst be exercised unreasonably. Laden may require Borrowver fo pay. h oorrheabn whlh ids Loan. alter: (a) a orhedirne charge for flood zone detemrInadph, certification and tracking services; or (b) a ore-tune charge fa food zone datemniraton and certHicaticn aerviase and subsequsrt dar9ea satin tine ?arappi gs or similar c anges occur which reascraWy rnlgM affect suxcr dotsrrnlrhatltxn or oortiflceutkst. Borrower ehhWd also be respirable for the payrrhenl of any tees Iposed by the Federal Emergency ilpwmganwt Ageroy h comecton with the cevbw of cry flood zone detannlnedon resulting an otijeouonby Borrower, d Borrower fare to maintain any of the coverages described above, Ladder may obtain Insurance covena9s, at Larder's option and Sorrower's expense. Lander Is under no obigation to txrroha" any particular type or amount of coveregs. Therefore, such coverage shell cover Lander, but might or might not protect Borrower, Borrower's equity In the Properly, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges tint the cost of to hsurax a coverage so obtained might sb*bmtN exceed the oust of insurance that Borrmw could have obtalned. Any amounts disbursed by Larder cruder tits Seaton 5 shad become additional debt of Bonowe secured by this Security Instrument. These amounts shall bear itersat at the Note rate from the date of disbursement and shall be payabte. with such Irtereelt, upon notice from Larder to Borrower requesfing payment. Al h"o"nks POoles ?squind by Lander and renewals of such policies shall be suNect to Lender's right to disapprove such polices, anal Include a standard mortgage dause, and to name Lander as mortgagee Wrdfor as an addlforel loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lander requires. Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. M Borrower obtains any form of Insurance coverage, not otherwise required by Larder, for damage lo, or destruction of, to Property, such policy shell include a PENNSYLVANIA-Single Family-Fannie Alsa"Wis Mac UNIFORM INSTRUMENT Form 30391101 Page 2 of 6 BK 1809PG'5159 P. lamdwd nwrtpepe clause and shall name L, -,at as mortgages arwor as an additional boa pay". In to evert of does, Borrower shah *9 prompt now to the Irwranoe carrier and Lander. Lander may make prod of bee If riot mods p?omPtly by Borrower, Uniese Larder and Borrower oOsnrlae agree in writing, any insurance proceeds, whether or not to underlying Insurance was ranged by Lander, teoeesned DA_ epair to realtora*m of repair and restoration WW, ?Lenndder shah Property, a arse restoration or Wait Is eight to hold such Insurance pproooods urd Lender y hLaridoes security as had an opportunity to Inspect such such P**Mj to ereurse the work has been co npleted to Lenders satisfaction, provided fiat such impectlin shah be undertaken promptly. Larder may disburse proessds for the repels end restoration In a *via payment or In a series of progress payments as to work is completed. Unless an agreement is made It writing or Applicable Law requires Interest to be pail on such Insurance proceeds, Larder "I not be required to pay Borrower any Interest or earnings on such proceeds. Fees for pudic adjusters, or other third parties, retained by Borrower shah not be pad out of the Insurance proceeds and shah be the sole obligation of Somohver. IF the restoration or repel is not secrarnbdy feasible or ganders seourky would be lessened, the Insurance proceeds shelf be applied to to sums secured by this Security Instrument, whether or not Oren due, with the excess, 0 wry, paid to Borrower. Such Insurance proceeds shah be applied In the order provided for In Section . it Borrower abandons the Property, Larder may fie, negotiate and settle any available Insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Larder may negotiate and no the Claim. The 31)-day period will begin when the notice Is given. In ether evert, or If Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers rights to any insurance proceeds In an amount rot to exceed tte amounts unpaid under the Note or this Somi ty Instrument, and (b) any other of Borrower's rights (other than to right to any refund of unearned prenksrs paid by Borrower) under all Insurance poldn covering to Property, Ihsolar as such rights are applicable to the coverage of the Property, Lender may use the Insurance proceeds either 1o repalr ornesbre the Property or to pay amounts unpakl under the Note or this Security Instrument, whot er or rot therm dire. a. Ooarponcy. Borower shah occupy, estebliah, and use the Property as eorrowrers pdrhclpal residence wth in 80 days after too acecutbn of thin Security Instrument and shall continue 10 occupy the Property se Borrower's principal reeidertce for at least one year after the data of occupancy, unless Lender otherwise agrees In writing, which consent shah not be unreasonably withheld, or unless extenuating drourtetances exbt which are beyond Borrower's control. 7. Preservation, NWrttonance and Protection of the Property; Inspeedons. Borrower shah not destroy, damage or Impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or rat Borrower Is reeldlrg In the Property, Borrower shah maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to Its condition. Unless it is detemihed pursuant to Section 5 that repair or restoration Is not eoonomicalyfeasible, Borrower shelf prortply repair tie Property If damaged to avoid further deterioration or damage. O Issuance or condemnation proceeds are paid in oomscdon with damage to, or the taking of the Psolnerty, Borrower shah be responsible for repakhg or restoring the Property Orgy If Lander has released proceeds for such purposes. Lender may, dfsburas prooseds for the repairs and restoration in a single payment or In a series of progress payments as the work is completed. If to insurance or cardem stbn proceeds are not sulrtdert to repair or restore to Property, Borrower is not relieved of Borrowers obligation for the 0ornplaton of such repair or restoration. Larder or its agent may make reasonable entries upon and inspactons of the Property. If it has reasonable cartes, Larder may Inspect to Interior of to imgxwemerts on the Property. Lender shell give Borrower notice at the tine of or prior to such an Interior Inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default K. during the Loan application process, Borrower or any persons or enthuse acting at the direction of Borrower or with Borrowers knowledge or consent gave materlaly false, misleading, or Inaccurate Information or statements to Lander (or failed to provide Larder with mateLtel iMorrrhaton? In connection with the L)an. KUWM represerntations Include, but are not hmtted to, representations concerning Borrowers occupancy of the Property as Borrowers principal residence. a Pratectlorr of Lands r s Interest. In the Property and Rights Under this tiem ft Instrument. If (a) Borrower Is* to perform the covenants and agreertenle contained In this Sewriy trial~, (b) there is a legal proceeding tat might significantly affect Lenders Rarest In to Property andlor may rights wwhich m lien under this priority am ? SInstrument e Instrument unenntt or ?desare haws or rrreg o grj ar(0 lot ocirxiernrathon Boraband one?d the lion arty, than L nA e do and pay for whatever is reasonable or appropriate to protect Lenders Interest in the Property and it" under this Some* Insaum erO IholWiigy protecting and/or aseeni g to value of to Property, and securing ardlor repot" to Property: Lande's actions can Include, but are not tinihad t7. (a) paying any sure eerrrsd by a tan which has priority over this Security Instrument; (b) appearing In court; and (c) paying reasonable attorneys' fees to protect Is Interest In On Property and/or rtglte under Olin Security Instrument, Including lft secured position in a barknrptcy proceeding. Securing the Property Includes, Let Is not IInhlfed to, entail the Property to make repairs, change lodes, replace or board up doors and windows, drain water from pipes, elfmi ate to llcil or other code violations or dangerous conditions, and have uNlye turned on or off. Although Larder may take action under this Section G. Leda does not have to do so and is not under any duty or obligation to do am It Is agreed that Larder Wan no liability for not taking arty or all actions authorized under this Section 9. IC,y'smounu ditwmd by Letter under ft 3netkwh 9 shah become additional debt of Borrower secured by this Security Instrument. These anhourls shat bear Interest at the Note rate from the data of disbursement and shah be payable, with such Merest, upon notice from Lender w Borrower toques" paym ort. If tins Security Instrument Is on a leasehotd, Borrower shelf comply with all the provisions of the lease. If Borrower acquires fee the to the Property, the Itasehold and the lee We shall not merge unless Lender agrees to the merger In writing. 10. slortysge insurance. If Larder required Mortgage Insurance as a condition of malting the Loan, Borrower shah pay the premiums requited to maintain to Mort" Insurance In etect O, 'for any reason, tie Mortgage Insurance coverage required by Launder cease to be available from the mortgage I surarrOW previously provided such Insurance and Borrower was required to matte separately designated payments toward the premium for Mortgage Insurance, Borrow shah Pay ft promiturs required to obtain Coverage subMa daly equivalent to the Mortgage Insurance previously In effect at a coat substantially equ ivalat to the cost to Borrower of to Mortgage Insurance previously in ~, from an alternate mortgage Insurer selected by Larder. If substantially equivalent Mortgage Insurance owe" Is not available, Borrower shah continue to pay to Lender the amount of the separately dasinated payments tat were due when the isuance coverage ceased to be In effect. Lender will accept, uss and retain two payments as a rxrrrshxWWle lose reserve in lieu of Mortgage Insurance. Such loss reserve shah be non-refurdabis, notwithstanding the fact to the Loan In a lbrstey paid In fill, and Larder shalt rot be required to pay Borrower any Intorest or eami gs on such boo reserve. Lender can no longer require loss reserve payments 9 Mortgage insurance coverage (In to amount and for the period OW Lander requires) provided by an i s" selected by Lade again becomes available, N obtained, and Lanier regrMSS separately designated payments toward to prom cuts for Mortgage Insurance. If Larder required Mortgage Insurance as a condition of makig the Loan and Borrower was required to make separately designated payments toward the premiums for Mongolia Insurance, Borrower shah pay the premiums required to maintain Mortgage I surarxe In effect, or to provide a non-refuhas6te bee reserve, Led Lantders requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender prmk&V for such termination orurtl termination Is required by Applkable Law. Nothing In this Section 10 affects Borrowers obligation to pay interest at the rate provided In the Nots. Mortgage Insurance as agreed. Borrower s r Os Mor?sgem lrs ay that purchases the Note) for certain losses it troy Incur If Borrower does not repay the Loan Mortgage Insurers evaluate thsk total ftk an all such insurance in force from time to time, and may enter Into agreements with other parties that share or molly Visit risk; or reduce boo. These agreements are on tams and conditions to are satisfactory to the mortgage Isurer and the otter party (or patine) to tees agreements. These agreansMS may require the mortgage Insurer to make payments using any source of funds that the mortgage insurer may have available (which may Include furls obtained from Mortgage Insurance pnarthbms). As a result of to" agreements, Larder, any purchaser of the Note, enter Insurer. any reisurer. any other entity, or any afAlfete of any of the foregokg, may receive (dbft* or kdirectly) amounts that derive from (or might be dsrecterized as) a portion of BWMwe's Payments for Mortgage Insurance, In exchange for she" or modifying the mortgage Insurers risk, or reducing bases. If such agreernert provides that an affNate of Lender takes a share of the insurses risk in exchange for a sham of the premium paid to to Insurer, the amargement Is often termed %aptve reisuraxe." Brun: (a) Any such agreements will not attest the amounts that Borrower tees agreed to pay for Mortgage insurance, or any other to.. of the Loan. refu Such agreements will not Increase the amount Borrower will owe for Mortgage, Insurarms, and they will not entlts Borrower to any nd. (b) Any such agneemehb welt not infect the rights Borrower has - It any - with respect to the Mortgage Insunaannce under the Homeowners PnY§ocd n Act of IM or my other law. These rights may Include the right to receive certain disoloeures, to request and obtain cancellation of the Mortgage Issuance. to have the Mortgage Insurance terminated may, and/or to twelve a refund of arty Mortgage insurance prealums that were unearned at the trre of such cancellation or tarmlrstion. 11. Aasipnmermt of L%cell&wmw Proceeds; FoAetlws AN ANaceasneous Proceeds are hereby assigned to and shall be paid tip Lancer. If the Property ? is dam such Mhoelfaeous Proceeds shelf be applied to restoration or repair of the Property, If the restoration on repair Is sr has lessened. During such repair and restoration period. Lender stall have the right to hold such Miscellaneous economically s Proceeds and urd Londers security Is riot ? to inspect such Property to ensure the work has been completed to Larder's satelacton, grouped Oat such Proceeds cton shah r as had had an en n promptly. Lander may pay for progress payments as the wok is completed. Unless an agreements made writing or Applicable in repairs or restoration Law a e requires irruie htteresrest to t to be e In i series on tes such Mfscellarsous Proceeds, Lander Mall rat be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or PENNSYLVAbtA-Shhgtle Family-Fannie Masff'reddie Mac UWORM INSTRUMENT Form 30891/01 Page 3 of e 8K 1809PGS 160 repair is not scorn looly losable or LmWe a y would be lessened, the Miscellaneous Proceeds I be applied to the sums seared by thus,- Security Instrument whether or not then due, wkn the excess, I any. paid to Borrower. Such Misodan-de Proceeds shah be spelled in the order ` provided for In Section 2. In it* event of a btal taking, dasbuctlon, or loss In value of the Property, the Misoellanaoue Proceeds shall be soled to the arms aeaxsd by this Security Instrument, whether or not then Ore, with the excess, I any, paid to Borrower. In the evert of a partial taking, destruction, or loss In value of the Property In which the fair market veins of the Property ImmulloWy before the portal taking, destruction, or loss in value Is equal to or Wester titan the amount of the acme secured by this Security Instrument &, bdm the partial takkp. deetrualkn, or loss in value, unless Borrower and Larder otherwise agree In writing. the suns secured by this Security Instrument ehati be reduced by the amount of to Miscellaneous Proceeds multiplied by the fallowing fraction: (a) the total amount of the sus secured Immediately before the portal tolft doetructim or lose In value divided by (b) the fair market value of the Property Irmediately before the partial taking, destruction, or lose in value. Any balance siwN be paid to Borrower. In the event of a partial tiling, destruction, or bee In value of the Properly In which the fair market value of the Propert,,y,, krnedieaty before the partial taking, dsofteMorh, or lose In value Is Was than the amount of the sums secured immediately before the partial Wf destruction, or loss In value, unless Borrower and Lander otherwise agree In wrldru the Miscellaneous Proceeds shall be applied to the suns secured by this Security Inebunent whether or not to suns are then due. If the Property Is abandoned by Borrower, or t, after notice by Lander to Borrower OW the Opposing Party (as defined In to next earkehn e) offers to make an award to sells a claim for damages. Borruaw falls fo respond to Lw%W **M 30 days after the data the notice is given, Larder is authorized to ooled and apply the Miscellaneous Proceeds either to restoration or repair of the Property or b the sumo sassed by the Security Instrument, whether or not then due. 'Opposing Party` means the third party that owes Somawer Mieoellaneoue Proceeds or the party against whom Borrower has a right of action in rapid to Miscellaneous Proceeds. Borrower shall the In default I any Acton or proceeding, whether oW or criminal, Is begin it4 in Lenders )udgmen% could result In brtelhtre of the Property or otter material impairment of larder's 6 owest in the Property or rights udw We Socuilty Inetrhsrheet Borrower can cure such a deault and, M acceleration ties occurred, reinstate as )rcvkled In Section 19, by causing the action or proceeding to be dismissed with a nft that, In Lenders judgment, precludes forfeiorre of the Property or ether material impairment of Lender's Interest In the Property or rights under this, Security Instrument The proceeds of any award or claim for damages that are attrbAabie to the Impairment of Lenders Interest In the Property are hereby assigned and Mall be paid to Lander. AN Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied In the order Provided for in SwIlm 2. 12. Borrower Not Released; Eorbosi ancs By Lender Not a Walter. Extension of the tine for payment or madWostion of amortization of the sum secured by this Security Instrument granted by Lender to Borrower or any Successor It Interest of Borrower shall not operate to release the NabNiy of Somower or any Successors in Interest of Borrower. Lender anal not be required to commence proceedings against any Sucoessarr N Interest of Borrower or to refute to sxanhd time for payment or otherwise rnodly amortization of the Buns secured by this Securer Iratrhsnet by reason of any demrnd made by ifs original Borrower or any Success= in Interest of Bommww. Any forbearance by Lender in exercising any right or remedy Including, without linitabon, Larders acooplenoe of payments from third persons, enthes or Sucesssors In Interest of Borrower or In amounts lea than to arnou t then due, shall not be a waiver of or preclude the exerolss of any right or remedy. II& Joint and Several Liability, Co.elignera; Successors and Assigns Bound. Borrower covenants and agrees that Bomowers obilgod" and Wity "N be jaht and several. However, any Borrower who cosign the Security Insburhent but does not execute the Note (a'a"Our"): (a) is ooalgnig this Security Instrument only to mortgage, grant and convey the oo-Bignrs intwsst In the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the acme secured by this Boom* Intnsmnt and (c) agrees that Lender and any other Sononwr can agree to extend, modly, forbear or make any acoomrnodetions with regard to the terme of this Security Isturneri or the Note without the co-signer's consent. Subject to to provisions of Section 18, any Successor In Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing, and Is approved by Lendw, shat obtain all of Borrowers rights and benaflts under rhhle Socially Instrument Borrower shall not be rslwssd from Sorrowwees obligations and kWly under the Security Instrument unless Lender agrees to such release In writing. The covenants and agreements at We Security Instrhmad shall bid (except as provided In Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Launder may charge, Borrows fees for swvim perbmed In connection with Borrowers default, for the purpose of protecting Landers Interest in the Property and ri" under this security Instrument, Including, but not WNW to, auornsys' tees, property inspection and valuation fees. In regard to any other fan, the absence of express authority In this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lendw may not charge fees that are expressly prohibited by this Security instrument or by Applicable Law. I to Loan is subject to a law which Bets maxi urn loan charges, and Mist law is finally interpretad so that the interest or other loan charges collected or to be collected in connection with the Loan exceed to permltled lima, than: (a) any such ban charge shay be rod uoed by the amount necessary to reduce the charge to the Wmftd 11mill; and refunded to Borrow w Lender may choose make this refund bany sume already collected y reducing the principal owed r urdBorrower wfilch exceeded w the Note or by m aki gg a direct payment to Borrower. I a refund reduhes principal, the reduction will be treated an a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrowers acceptance of any such refund made by direct payment to Borrovrer wN constitute a welwer of any right of action Borrower might have arising out of such overcharge. 1& NO*". All nolbea given by Borrower or Lender In connection with Ilk Security instrument must be In wrldrhg. Any nobos to Borrower in connection with this Security Intrur ent shall be downed to have Won given to Borrower when nailed by first class mail or when actuary ddWwW to Borrower's notice address t sent by other mean. Notice to any one Borrower shall oondtuM notice to at Somowwa mime Applicable law expressly requires otherwise. The notice address snail to the Property Address unless Borrower has designated a substitute notice address by notice to Larder. Borrower aheti promptly dotty larder of Sorrowees change of address. If Lander specNes a procedure for reporting Bomcwer's songs of address, then Borrower shah only report a change of address through that specified procedure. There may be any one designated notice address undo this Security Instrurrient at any one tirne. Any notice to Lander shall be given by ds#vwing it or by malfing 9 by find class mall to herein unless Lender has desipsted another address by notice Borrower. Any notice in connection with this Security Instrurnent shall not Lwders address sated be downed lo have been given to Larder urd actually received by Lander. 0 any notice required by this Sem rfty Instrument Is also required under er Applicable Law, the Applicable law requirement will aatisfy the oareepondtg requirement under this Security Instrument. it. Governing Oar Swwabllity; Rrtss of Construction. This Security isturnent shall be govwnd by federal paw and the law of the )urfadbdon in which ft Properly Is khcated. AN rights and obilgaMons contained in this Security Instrument are subject to any requirements and Wriblioria of Applicable Law. Applicable Law might explicity, or kmllliddy allow the parties to agree by contract or it might be ls1wL but such silence shall not be conetrued as a prohibition against agreement by oatract in the evert that any provision or clause of this Security Instrument or the Note conflicts with Applicable, Law, such conflict shall riot affect othw pxovlebn of this Security Instrument or the Note which can be given effeex without the oahMlo&g provision. As used In this Security Instrument (a) words of the nvwAdkw gender shell mean and Include corresponding neuter wade or words of the fernlnire gender. (b) words in the sirguier shell mean and Include the plural and vice versa; and (c) the word 'may' gives sole discretion without any obligation to take any actor. 17. Bons Ws Copy. Borrower anal be given on copy of the Norte and of this securky Instrument I& Transfer of the Property or a Beneficial Intwaat in Borrower. As used in this Section 18, 'Intereet In the Property' meant any legal or beneficial Interest In the Property, including, but not Wriked to, those beneficial interests transferred in a bald for deed, contract for deed, isalinnt Bales =*at Of Boom agraemenl, the Intent of which Is the transfer of title by Borrower at a future date to a purchaser. If all or any or traanisfSP rr without L.? In prioit* Property is r written consent, Lander or transferred require N Borrower Is immediate payment nt in kill of Ia sum beneficial secured merest in B oww sold by this Security Istnuraint However, this option shall riot be exercised by Lads if such exercise Is W*RA ed by Applicable Law. If Lender axerolm this option, Larder then give Borrower notice of acceleration. The notice Shah provide a period of not less then 30 days from the data the notice is given in accordance with Section 15 wiMfn which Borrower must pay all suers secured by this Security Intro orlL ff Borrows fails to pay these sun prior to the expiration of this period, Lender may invoke any remedies permitted by this Security InstnmBnt without further notice or demand on Borrows. I& Boff~s Right to Rebaate Attar AccNwation. I Borrower meets certain conditions, Borrower shall have the right to have whforcwnrt of this Security Instrument disoorifted at any time prior to the awfiest of: (a) five days before sale of the Property pursuant to any power of sale conakad In this Security katvment (b) such other period as Applicable Law might specify for the term indon of Borrower's right to rehutate; or (c) entry of a judgment arforcing the Security Insthxrertt. Those conditions are Mat Borrower: (a) pays Lander all sums which than would the due udw ft Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covename or agrswrwhts; (c) pays all expenses Incurred In antoroilg tits Security Istnsrhent, including, but not limited to, reasonable attorneys' fen, property Irepecdon and valuation fees, and other ass In urred for the purpose at protecting Lader's Interest in fine Property and righa under this Security Instrument and (d) takes such action as obligation to Lender to may reasonably s bytthis Security assure Instrument, s in continue the unchanged. gamed. Laand rights nder mayrequire t that BBo ro ter end Borrowers pay ahrrhh reiatatwrerht Burs and expenses In one or more of the following forms, as selected by Larder: (a) cash; (b) money order, (c) kerOW check, bank check, tr mLWs PENNSnVAN1A-Single Family-Farnfe MasrFreddle Mac UNIFORM INSTRUMENT Form 3030 1/01 Pogo 4 of (I K 1809PG516 1 check or hasher's oheok, provbed any sut_ tack Is drawn upon an Institution whose deposits s... insured by a federal agency, instr merkalify or entity; or (d) Electronic Funds Tramfer. Upon reinstatement by Borrower, this Security instrument and obligations secured hereby shell remain f* effeotfve as I no acceleration had occurred. However, this right to reinstate shoo rot a" in the case of acceleration umber Section 18. 20. Sale of Nob; Change of Loch servicar; Notice of Grievance. The Nate or a partial Interest in the Note (togsoter with this Security Instrument) can be mold one or more trrhes without prior notice to Borrower. A sale might react In a change In the entity (known as the Mann Servk en that collects Pirbdlc Palyments due umber the Note and this Security Instrurrent and perfume other mortgage loan servicing obligations caber the Note, this Ssourify Irntr utreni, and Applicable Law. There also might be are or more changes of the loan Servber unreleted.to a sale of the Note. 0 two Is a change of the Loan Swvber, Borrower will be given written notice of the change which will stem the name and address of the new Loan Servi er, the address to which payments should be made and any cover information RESPA requires In connection with a notice of kander of seMckV. M the Note is acid and thereafter to Loan Is serviced by a loan Servloer other than tto,purchaser of to Note, the mortgage ban servicing obligations to Borrower will remain with the Loan Softer or be transferred to a successor Loan Swvker and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may conwnenc% Joky, or be Joined to any judicial action (as either an Individual Iltigant or the member of a deer) that arlose from to other party's actions pursuant to this Security Instrument or that alleges that to other party has breeched any provNbn of, or any duty owed by reason of, this Security Instrument, unto such Borrower or Lender has nodlled the other party (with such notice given in compliance with the reWranins all and eflordul tak corrective Section 16) of Apple" Law such ies d a period which must ele?pse betoreccertain n ac8a cane be oaken, Ow tirru pporod?win rMosdeamod d to bee reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cue given to Borrower purvam to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shoo be deemed to satisfy the notice and opportunity to take corrective action provisions of Bit Section 20. 21. Hazardous Substances. As used in the Section 21: (a) *Hazardous Substances' are time substances defined an toxic or hazardous subaftrom, pollutants, or wastes by Erviromnenal Law and the following substances: gasdine, kerosene, otter flammable or toxto potrdeum produce, toxic pesticides and herbicides, volatile solvents, materiale containing asbestos or formaldehyde, and radioactive materials: (b) 'Ernkonmenlai Law' mears le feral laws and laws of the Jnxlsdbtbn where the Property is bcatsd that relate to heaoh, safety or erwirxmennai proOaooon; (c) '6wYonmerntel Cleanup' includes any response action, ran W action, or removal action, ne defned In ErMraxnaKal Law; and (d) an *Environments! Condition' moos a omx1don that can cause, owb bute to, or otherwise trigger an Environmantei-Ceanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Subsarce$, or threaten to release any Hazardous Substances, on or In the Property. Borrower dell not do, nor allow anyone else to do, ar"Inng affecting ihe Pq" (a) tat Is in violation of any Envkorenetfel Law, (b) which ore fill an Environmental CondiOon, or (c) which, due to the presence, use, or release of a Hazardous Substance, creatte a ccrditiOn thst adversely ateds to value of to Property. The preceding two sentences shell riot apply to the presence, on, or #Wrap on the Property of smell quantities of Hazardous Substances that are generally recognized to be appropriate to normal reoRdential uses and to maintenance of the Property (Inoluding, but not linked to, hazardous substances In oorsurner products). Borrower shoo promptly give Lender written notice d (a) any investigation, cairn, demand, lawsuit or other action by any governmental or regulatory agency or Private party Involving the Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmeryboi Condition, including but not land imited to, any , looking, dtsderge, release or threat of release 01 any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects tie value of the property. If Borrower lean o, or Is notified by any governmental or regulatory authority, or any private party, that any removal or other renedletion of any Hazardous Substance of ectirg the Property is necessary, Borrower shoo promptly take of necessary remedial actions in accordance with ElwlmrrreMel Law. Noting herein stall create any obligation on Lander for an Envfronmsntal Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender, hwher covenant aid agree as too,". 21 AOO@W Mon; Ramsdell. Lender shot gels notice to Borrower prior to acceleration following Borrower's b?saoh of any oovermdt or agreement in this >Se wAty Instrument (but not prior to acceleration under Section 18 unless ApQlkabis Law provWea oMenwhy. L *Ww awl nOl Borrower of, among other things: (a) the defsutt; (b) the actor required to wore tit ddsulh (c) win ills dsleuf must be cured: and (d) that failure to mrs, the default as specified may canbt in ocowwation of the sure secured by this Security Mstrrnent, foreclosure by Judicial proceeding and sale of the Property. Lang shall further Inform Sommer of the right to reinstate after acceleration and the right to aseart in the foreoiosurs procesdlru8 Mme non4xMW ce of a debug or a" other defense of Borrower to acceleration and toracioehay M Vw defaWt is not cured as speciRed. Lander at ft option may require immedbts payment b tut of at sums sawed by ihb $ =wily Instrument without ft~ demand and may foredose this Security tretrument by Judicial procesdktg. Lander shell be enfihlad to collect all egWme Incurred in Pursuing the re nmdit provkbd in this !Section 22, including, but not limited to, attorneys' foss and costs of Mte aviderce to the wdent permitted by Applicable I ". 21L Rdoaoa Upon payment of all sumo secured by this Security Instruhorr,, this Security in ..:ant and the estate conveyed shoo terminate and become vokL After such cooure UNk Lender shoo discharge and so" thio Security troburnmt Borrower shoo pay any racordsoon costa. Lender ma to charge Bwovrar pan. under art oo for e rolea w this Security Irhsbument, but only of the fee is paid to a third perly for services rendered and the choWg of to 24. waives Borrower, to 1116 extant permitted by Applicable Law, waives and releases any error or defect In procesdhps to enforce this Security kstnu *M and hereby waives the bensflt of any present or future laws providing for stay of execution, extension of time, exemption from attachment. levy and sets, and homestead exemption. 26, RonsManwht Period Bomowau"s time to reinstate provided In Section 18 shoo wderb to one hour prior to the cormherverhent of bkidktg at a sheriU's sale or other age pursuartto Chia Security instrument. 2t, Purchase Money Mortgage. If any uhf the debt secured by this Security Inetrumuert is lent to Borrower to acquke We to the Property, this Security kstrnurent shoo be a purchase money mortgage. 27. h low Rate Altar .hdlgrtent. Borrower agrees that the Interest rate payable ahem a Judgment is entered on the Note or In an action of rrcrgage foreUOSUro shall be the rats payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the arms and.ooverrants contained In this ingfLia ant and In arty Rider executed by Borrower and recorded with ft. ) has -Borrower CERTIFICATE OF RESIDENCE I hereby codify, that the predes address of the m orgsgee, COMMERCE BANKMARRISSURG N.A., herein Is as follows: RESIDENTIAL MiG, 100 SENATE AVENUE, CAMP HILL, PA 17011 ik..?? ? /o?-. AWMV orAkwM faldm ees e Below hide Una %rAomweCpmemi PENNSYLVANIA-Single Panay-Fomhle MadFrowle Mac UNIFORM INSTRUMENT Form 3039 1A)l Page 6 of 6 8KI809PG5162 twDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVAMIA ) COUNTY OF ?LyY1 ) )SS ; On ft, the 5 day of 20 Ot - before me the undersWed Notary Pok p M aPDm;;d Denkte I~, known b me or tD be the pmon whose name Is subscribed to to within k h meat, and acknowledged that he or she executed the amne for the purposes therein contakwd. In wtbms whereof, I hereunto sot my hand and ottfrdal sell. VICKIE R. iNEI IAL SNoWy EAL Pudic Camp mI 0oro., CunlbW*4 CourMy Notary Public in and hx the Slated P M ComdsWm E0es Mardi 4, 2007 PENNSYLVANIA Single Fan *,Fannie M&WFrsddie Mac UNIFORM INSTRUMENT Form 31091/01 Page a of e BK 1609PG5163 ?l C" 04 14ETRO BANK 3801 Paxton Street Harrisburg • PA-17111 mymstrobank.com 888.937.0004 December 1, 2010 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies servingyour County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. DENISE FELKER 123 27TH ST CAMP HILL PA 17011 Property Address - 123 N 27TH STREET, CAMP HILL, CUMBERLAND COUNTY Loan account number - 000033331630 Original lender - Metro Bank Current Lender/Servicer - Metro Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU IIAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORAR Y STA Y OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. ALA TEAPPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 123 N 27TH STREET, CAMP HILL, CUMBERLAND COUNTY IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/1/10- $732.78,11/1/10- $1,332.78 & late fees in the amount of $2,262.60 TOTAL AMOUNT PAST DUE: $4,328.16. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 4,928.16 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale. You may do so bYpaying the total amount then past due plus anv late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as gVecified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Metro Bank Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111-0999 Phone Number: 717-412-6893 Fax Number: (717) 909-0589 Contact Person: KELLY WALTON EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You _may or _X _may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 9 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES Adams County Berks County - Continued Adams County Interfaith PA Interfaith Community Housing Authority Programs Inc. (717) 334-1518 (610) 562-2288 American Red Cross - Schuylkill Community Hanover Chapter Action (717) 637-3768 (570) 622-1995 CCCS of Western PA (888) 511-2227 Cumberland County Maranatha CCCS of Western PA (717) 762-3285 (888) 511-2227 Community Action Commission of Capital. Opportunity Inc. Region (717) 424-3645 (717) 232-9757 Maranatha Berks County (717) 762-3285 American Credit Counseling PA Interfaith Community Institute Programs Inc. (888) 212-6741 (717) 334-1518 American Financial Counseling Services Inc. PHFA (267) 228-7903 (717) 780-3940 (800) 490-3039 (800) 342-2397 Budget Counseling Center (610) 375-7866 Dauphin County CCCS of Lehigh Valley (610) 821-4011 CCCS of Western PA (800) 837-9815 (888) 511-2227 Community Action Community Action Commission of Capital Committee Region (610) 691-5620 (717) 232-9757 Neighborhood Housing PHFA Services of Reading (717) 780-3940 (610) 372-8433 (800) 342-2397 Franklin County Lebanon County Adams County Interfaith Schuylkill Community Housing Authority Action (717) 334-1518 (570) 622-1995 Tabor Community Service, American Red Cross - Inc Hanover (717) 397-5182 Chapter (800) 788-5062 (717)637-3768 (888) 511-2227 CCCS of Western PA (888) 511-2227 York County Community Action Commission of Capital Adams County Interfaith Region Housing Authority (717) 232-9757 (717) 334-1518 American Red Cross - Hanover Maranatha Chapter (717) 762-3285 (717) 637-3768 Base, Inc Lancaster County (717) 392-5467 American Credit Counseling Institute CCCS of Western PA (888) 212-6741 (888) 511-2227 Housing Alliance of York Base, Inc (717) 854-1541 (717) 392-5467 (800) 788-5062 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 CCCS of Western PA (888) 511-2227 i N Ln s a ti a 0 C3 0 M 0 r0 M r-9 Q r9 M m { c+i d LL i tsi 0 3h 7020 0000 090T OT04 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 'o 'ti01 of 4#inl+irr/rrld r_?; n €rz , i k i ? J 1: Ir : 1 a Is Metro Bank f/k/a Commerce Bank Case Number vs. Denise Felker 2011-334 SHERIFF'S RETURN OF SERVICE 02/15/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on February 15, 2011 at 0810 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Denise Felker. After several attempts the Complaint and Notice has expired. After several phone calls, defendant advised Deputies she would pick up the Complaint in the office but never presented herself to be served. SHERIFF COST: $55.44 SO ANSWERS, February 15, 2011 RON R ANDERSON, SHERIFF - _ R °• ."rj N .,.? Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 2011-334 DENISE FELKER, Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above-captioned action pursuant to Rule 401(b)(1) of the Pennsylvania Rules of Civil Procedure. 61 ?tit" ill1,wly pl j d ;ss57t? Respectfully submitted, METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: February 18, 2011 CERTIFICATE OF SERVICE I certify that I am this day having a copy of the foregoing document served upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by personal service via Sheriff, Cumberland County, to be served along with the Reinstated Complaint in Mortgage Foreclosure: Denise Felker 123 N. 27th Street Camp Hill, PA 17011 Respectfully submitted, METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: February 18, 2011 5351070 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ] [ y ?4tlttt? 41 421lflLffl,?1?L.4.U-?i- ? E Jody S Smith? E?( Chief Deputy ' Richard W Stewart { MAP -2 PN 2: n Solicitor OFD.=? Metro Bank f/k/a Commerce Bank Case Number vs. Denise Felker 2011-334 SHERIFF'S RETURN OF SERVICE 02/28/2011 06:31 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 28, 2011 at 1831 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Denise Felker, by making known unto herself personally, at 123 N. 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 01 EL BARRICK, D UTY SHERIFF COST: $41.94 March 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 'r (?GLVrr SJIte Sh& ff. i(-l2:)3pft. Inc Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff V. DENISE FELKER, Defendant FILED -OFF iCL. THE PROTHOHO 2.61ti SEP 12 PM 12: '3 4 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-334 PRAECIPE TO WITHDRAW COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Please withdraw Plaintiff's Complaint in Mortgage Foreclosure originally filed on January 14, 2011 and reinstated on February 22, 2011 in the above -captioned action. Respectfully submitted, METTE, EVANS & WOODSIDE By: HEATHER Z. KELLY, ESQUIRE Sup. Ct. I.D. No. 86291 Date: September 11, 2014 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: By: Date: September 11, 2014 738813v1 Denise Felker 123 N. 27th Street Camp Hill, PA 17011 METTE, EVANS & WOODSIDE HEATHER Z. K LY, ES UIRE Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Metro Bank Vida Commerce Bank/Harrisburg, N.A.