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HomeMy WebLinkAbout11-6408F.\Clients\12633 Orrstown Bank\12633.10 Wright\ 12633.10.complaint.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff T,t,_ ORRSTOWN BANK, V. Plaintiff JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. t' (P(40% CIVIL TERM IN MORTGAGE FORECLOSURE 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 CS:) aµk kqa 60 pa ° c ?-44 a(r 27s r2 E? oZ Las 9-3 ? NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. The debt described in the Complaint attached hereto and evidenced by the copies of the promissory note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty (30) days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor(s) notifies the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s) by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Written request should be addressed to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F'\Chents\12633 Orrstown Bank\12633.10 Wright\ 12633.10. complaint wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, Plaintiff V. JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL TERM IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, ORRSTOWN BANK, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Orrstown Bank ("Plaintiff'), is a Pennsylvania corporation located at 77 East King Street, Shippensburg, Pennsylvania 17257. 2. Defendant Jennifer L. Wright ("Defendant Jennifer") is an adult individual residing at 59 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant Judy A. Shank ("Defendant Judy") is an adult individual residing at 59 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241. 4. Defendant Shirley M. Wright ("Defendant Shirley") is an adult individual residing at 59 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241, (collectively referred to, along with Defendant Jennifer and Defendant Judy, as "Defendants") 5. Defendants are the owners of the real property located at 59 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241 ("Real Property"), as set forth in the Recorder of Deeds Office of Cumberland County, Book 279, Page 3288, which is subject to the Mortgage described below. 6. On or about May 22, 2007, Defendant Jennifer executed a Promissory Note (the "Note") with Plaintiff in the amount of $148,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 7. As security for the performance of Defendant Jennifer's obligations under the Note, Defendants, as Mortgagors, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage"). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit "B." 8. The Mortgage has not been assigned. 9. Defendants are the owners of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 10. Defendants have failed to make monthly payments when due. 11. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 12. Plaintiff provided Defendants with notice of the period in which Defendant's default may be cured, but Defendants have failed to cure the default. 13. As authorized under the Mortgage, the loan obligation to Plaintiff from the Defendants has been accelerated. 14. The total sum due and owing from Defendant Jennifer under the Note, as of May 24, 2011, is itemized as follows: Principal: $141,738.59 Late Fees: $754.92 Interest as of May 24, 2011: $5,056.29 Court Costs and Fees (estimated): $500.00* Attorney Fees (estimated): $14,173.85 Total as of May 24, 2011: $162,223.65 Plus interest accruing at $24.75 per day from May 24, 2011, until paid in full. *To be determined by the Cumberland County Sheriff. 15. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and/or costs/charges/fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 16. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice"), Plaintiff sent notices of intention to foreclose mortgage and of the mortgage assistance program dated June 10, 2011, to Defendants by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the amount of $162,223.65, plus interest from May 24, 2011, at the rate of $24.75 per day until the debt is paid in full. MARTSON LAW OFFICES By: /"-' g,-1 Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 2011 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Orrstown bank. Any information obtained will be used for that purpose. NOTE May 22, 2007 [Date) SHIPPENSBURG, PA (City / State] 59 BLUE POND ROAD, NEWVILLE, PA 17241 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $148,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is ORRSTOWN BANK. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.375%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 60 of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on July 1, 2007. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on June 1, 2037, 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the 'Maturity Date." I will make my monthly payments at ORRSTOWN BANK, SILVER SPRING OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257 or at a different place if required by the Note Holder. IS) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $923.33. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. MULTISTATE FIXED RATE NOTE--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3200 1101 Page 1 of 2 I I do n ot pay the full amount of __,;h monthly payment on the date it is due, I will be default. il_:; Notice of Default ~ If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain amw t Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 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 mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person 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 right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. PAY TO THE ORDER OF WITHOUT RECOURSE -? ' ORS (Seal) R TOYN BkNK JE L WRIGHT - Borrower f ?V- (Sign Original Only) R. ALAN PATTON VICE PRESIDENT MULTISTATE FIXED RATE NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 2 of 2 Parcel Identification Number: RECORDATION REQUESTED BY: ORRSTOWN BANK SILVER SPRING OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 1001 "?tAY 29 Fin 2 01 uo WHEN RECORDED MAIL TO: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257 SEND TAX NOTICES TO: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257 [Space Abow This Line For Recording Detal MORTGAGE DEFINITIONS Words used in multipIS sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used In this document are 3100 provided in Section 18. (A) "Security Instrument" means this document, which is dated May 22, 2007, together with all Riders to this document. (B) "Borrower" is JENNIFER L WRIGHT, JUDY A. SHANK and SHIRLEY M. WRIGHT. Borrower is the mortgagor under this Security Instrument. IC) "Larder" Is ORRSTOWN BANK. Lender If 3 organized and existing under the laws of Pennsylvania. Lender's address Is SILVER SPRING OFFICE, 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17257. Lender is the mortgages under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated May 22, 2007. The Note states that Borrower owes Lender One Hundred Forty-eight Thousand & 001100 Dollars IU.S. 0148,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fug not later than June 1, 2037. IE) "Property" means the property that is described below under the heading "Transfer of Rights in the Property," IF) "Lose' memo the debt evidenced by the Note, plue interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus Interest. IG) "Rkfers" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): Adjustable Rate Rider U Condominium Rider 0 Second Home Rider Balloon Rider 0 Planned Unit Development Rider 0 Other(s) (specify] _ 1-4 Family Rider O Biweekly Payment Rlder IH) "Aptpgoable Law" means all controgtrtg applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicabN final, non appealable judicial opinions. (1) "Community Association Dues. Fees, and Assessmwtb' means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization, IJI "Electronic Fti ds Transfer' means any transfer of funds, other than a transaction originated by check, draft, or similar paper Instrument, which is Initiated through an electronic terminal, telephonic instrument. computer, or magnetic tape so as to order, Instruct, or authorize a financial Institution to debit or credit an account. Such term includes, but Is not limited to, point-of-sale transfers, automated tailor machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, IKI *Escrow'- erne' mans those items that are described in Section 3. (L) "Misca leneous Proceeds" mare any compensation, settlement, award of damages, or proceeds paid by any third party lother then Insurance proceeds pail under the coverages described in Section 5) for: 11) damage to, or destruction of, the Property; (ill condemnation or other Inking of all or any part of the Property; (ill) conveyance in lieu of condemnation; or gv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) 'Mortgage keurance" mans Insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) 'Periodle Payment' means the regularly scheduled amount due for 10 principal and interest under the Note, plus (ill any amounts under Section 3 of this Security Instrument, (0) "RESPA" means the Real Estate Settlement Procedures Act 112 U.S.C. § 2801 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that govems the some subject matter. As used In this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even If the Loan does not qualify as a "federally related mortgage loan" under RESPA. PENNSYLVANIA-Single Family-Fannie MaelFredda Mae UNIFORM INSTRUMENT Form 30 /Ot Pegs 1 of 8 Initials:?' : .' ? /7 BK 1993PG409 I (P) 'Successor in Interest of Borrower, means any parry that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lander: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (11) the performance of Borrower's covenants and agreement under thin Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described property located in the County of CUMBERLAND: Real Property tax identification number is 31.12-0330-038. SEE ATTACHED which currently has the address of 59 BLUE POND ROAD, NEWVILLE, Pennsylvania 17241 ("Property Address'): TOGETHER WITH all the improvement now or hereafter erected on the property, and all easement, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additkxe 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 Mead of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenant for national use and rion-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymnt of Prkrclpel, Interest Escrow Item, Prepayment Charges, ft when due the principal of, and Interest on, the debt evidenced by the Note and any prregee' Borrower shalt pay charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to payment charges and late under the Note and this Security Instrument shall be made in U.S. currency. However, it any check o3 otherYnstrument received by Lender as payment under the Note or this Security Instrument is returned to lender unpaid, Lender may require that any or all subsequent payment due under the Not and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposit are Insured by a federal agency, Instrumentality, or entity; or (d) Electronic Funds Transfer. Payment are deemed received by Lander when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with he notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are Insufficient to bring the Loan current, Lender may accept any payment or partial payment Insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to it right to refuse such payment or partial payments in the future, but Lender Is not obligated to apply such payments at he time such payments are accepted. If each Periodic Payment Is applied as of its scheduled due date, then Lander need not pay interest on unapplied funds. Lender may hold such unapplled funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shag either apply such funds or return hem to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower tram making payment due under he Note and this Security Instrument or performing the covenant and agreements secured by this Security Instrument. 2. Appleadon. of Psymnt or Proceeds. Except as otherwise described in No Section 2, all payment accepted and under pied by Lender amoost due applied niIn In she ff oll 3 ng order of priority: (a) Interest dos under the Not: (b) principal due order it which it(c) amounts due. Any remaining Such payments shag be applied to each Periodic Payment in the became amount due under this Sec namount shelf be applied first to late charges, second to any other If Lender receives a urity Instrument, and than to reduce the principal balance of the Note. payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment U outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payment if, and to the extent that, each payment can be paid in full. To he extent that any excess exists 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 prepayments shall be applied first to any prepayment charges and that as described in the Note. Any application of payment, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic payment, 3. Funds for Escrow henna. Borrower shall pay to Larder on the day Periodic Payments are due under the Note, until he Note Is paid in full, a sum (the 'Funds,) to provide for payment of amounts due for. (a) taxes and assessment and other items which can ettln priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payment or ground rent on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and id) Mortgage Insurance premium, if any, or any sum payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums In accordance with the provisions of Section 10. These items are called Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, feee and assessments shall be an Escrow Item. Borrower shell promptly fumish to Lender all notices of amount to be paid under his Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lander may waive Borrower's obligation to pay to Lander Funds for any or all Escrow Items at any time. Any such waiver may only be In writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amount dins for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shag fumiah to Lender receipt evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payment and to provide receipt shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase 'covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver; and Borrower fags to pay the amount due for an Escrow Item, Lender may exercise its right under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any Escro shalllpay toVLandereallllt Fuanyndstime andbins a notice such amounts, that are accordance then required under his S union g such revocation, Borrower tion 15 PENNSYLVANIA-Single Family-Fannie MeelFreddle Mae UNIFORM INSTRUMENT Page 2 of 8 Forrrl 303 !01 Initials:''; BK 1993PG4092 Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held In an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, If Lender Is an Institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement Is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earrings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there Is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds In accordance with RESPA. If there Is a shortage of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there Is a deficiency of Funds held in escrow, as defined under RESPA, Lander shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. yment Funds U held pon by Lender. full of ale sums secured by this Security Instrument, Lender shall promptly refund to Borrower any 4. Chwgos: Liens. Borrower shell pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lion which has priority over this Security Instrument unless Borrower. (a) agrees In writing to the payment of the obligation secured by the Ilen in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; Ibl contests the lion in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinstirg the Ilan to this Security Instrument. If Lender determines that any part of the Property Is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actors set forth above In this Section 4. Lender may require Borrower to pay a one-tine charge for s reel estate tax verification and/or reporting service used by Lender in connection with this Lout. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. Whet Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance curler providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, Nicer: (a) a one-time charge for flood zone determination, certification and tracking services: or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remeppings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of arty tees Imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower falls to nhskhteln any of the coverages dew'Wood above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender Is under no obligation to'purohase any particular type or amount of coverage. Therefore, such covers" shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the Insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amtKims disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bow Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewal of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name LarK w as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premkrms and renewal notices. If Borrower obtains any form of insurance covers". not otherwise required by Lander, for damage to, or destruction of, the Property, such policy shall include s standard mortgage clone and shall name Lender as mortgages and/or as an additional loss payee. In the event of loss, Borrower shell 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, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security Is rot lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lander may disburse proceeds for the repairs and restoration in a single payment or in a series of progress Payments as the work is completed. Unless an agreement Is made in writing or Low A any pplcable interest or requires interest to be paid on such Insurance proceeds, Lender shall riot be required to pay Borrower earrings on such proceeds. Feed for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not ten due, with the excess, If any, paid to Borrower. Such insurance proceeds shall be applied In the order provided for in Section 2 If Borrower abandons the Property, Larder may file, 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 Lender may negotiate and settle the claim. The 30-day period will begin when the notice Is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums PENNSYLVANIA-Single Family-Facie Mes/Fredde Mae UNIFORM INSTRUMENT Form 30 /01 Page 3 of 8 initielsi 8K! 993PG4,093 paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. S. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property, kslnations. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing In the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless It Is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If It has reasonable cause, Lander may inspect the interior of the improvements on the Property. Lender shell give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Lose Appsoation. Borrower shall be in default if, during the Loan application process, Borrower or any persona or entitles acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate Information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lando's Interest In the Property end Rights Under this to perform the covenants and Security rxtesnet• If (a) Borrower fails agreements contained In this Security Instrument, (b) there Is a legal proceeding that might significantly effect Lender's Interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or Ic) Borrower has abandoned the Property, then Lender may do and pay for whatever Is reasonable or appropriate to protect Lender's Interest in the under this Security Instrument, Including protecting and/or assessing the value of the Pro n securing and rights repairing the Property. Lender's actions can include, but are not limited to: (s) paying gym'' and securing andch has priority over this Security Instrument; lb) appearing in court; and Icl pa any sums secured by to lien which interest in the Property and/or rights under this Security Instrument, including reksssseccured mss, lees te pretest its a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to e positio repn In replace or board up doors and windows, drain water from pipes, make regain, change locks, conditions, and have utilities turned on or off. Although Lender mays take action building u of this SSection violations Lnder dopes not have to do so and is not under any duty or obligation to do so. It is agreed that Lender Incurs no liability for not taking any or all actions authorized under this Section S. Any amounts disbursed by Lender order this Section 9 shag became additional debt of Borrower secured by this Security Instrument. These amounts shag beer Interest at the Note rate from the date of disbursement and shag be payable, with such Interest, upon notice from Lander to Borrower requesting payment. If this Security Instrument is on a laasshokl, Borrower shag comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Meuraree. If Larder required Mortgage Insurance as a condition of making flee Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such Insurance and Borrower was required to make separately designated payments toward the premiums for M Borrower shag pay the premiums required to obtain coverage substantially ?0a9e Insurance, previously in effect, at a cost substantially equivalent to the cost to Borrowr ofgthe Mortgage to the insurance apr ioInsurance effect, from an alternate mortgage Insurer selected by Lander. If substantially equivslsnt Insurance wry in is not available, Borrower shag continue to pay to Lender the amounnt of the separately designated Mortgage payments s that coverage due when the insurance cover , use were age ceased: to to in effect. Lander will accept, use and nd retain tain tsin these payments as s non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any Interest or earnings on such loss reserve. Lander can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lander requires) provided by an insurer selected by Larder again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lander providing for such termination or until termination is required by Applicable Law. Nothing In this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lander (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed, Borrower Is not a party to the Mortgage Insurance. Mortgage Insurers evaluate their total risk on all such Insurance in force from time to time, and may enter Into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Nate, another Insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from for might be characterized es) a portion of Borrower's payment for Mortgage insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses, if such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed 'captive reinsurance." Further: (a) Any such agreements wN not affect the amounts that Borrower hid agreed to pay for Mortgage Insurance, or any outer temp of the Loan. Such agrewtente will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Barroww to any refund. (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Insurance under the Homeowners Pratectlim Act of 1998 or any other law. These, rights may include the right to receive certain PENNSYLVANIA-Single FamilyFanwde Mee/Freddle Mac UNIFORM INSTRUMENT Page 4 of S Initials::": ` F? 303 /01 BK 1993PG4094 disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance uwn* atad automatloaiy. and/or to receive a refund of arty Mortgage Insurance premhans that were unearned at the time of such cancegatko or termination. 11. Assignment of MisceNrteoto Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lander's security ti not lessened. During such repair and restoration period, Lander shag have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a aeries of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower. Such Miscellaneous Proceeds shag be applied in the order provided for In Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property In which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security InsU ment immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following traction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be pad to Borrower. In the event of a partial taking, destruction, or loss in value of the Property In which the fair market value of the Property immediately before the partial taking, destruction, or loss In value le less than the amount of the sums secured immediately before the partial taking destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the suns 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 Lander to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days otter the date the notice Is given, Lender Is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by tfds Security Instrument, whether or not then due. "Opposing Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has s right of action In regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lander's judgment, precludes forfeiture of the Property or other material impal...wit of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's Interest In the Property are hereby assigned and shag be pad to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Wallow. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lander to Borrower or any Successor in Interest of Borrower shall not operste to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedkgs against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the suns secured by this reason of any demand made by the original Borrower or s Successors in Interest of Borrower. SecuAny rity Instrument forbeaence by Lender in exercising arty right or forbearance by remedy Including, without Ilmltation. Lender's acceptance of payments from third persons, entitles or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy, 13. Joint and Savant I labity; Co-sipwa; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be Wnt and several. However, any Borrower who co-signs this Security Instrument but dose not execute the Note to 'co-slgner'): (a) Is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) ogre" that Lander and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations under thin Security Instrument in writing, and is approved by Lander, shag obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such releaes in writing. The covenants and agreements of this Security Instrument shall bind (except as provided In Section 201 and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest In the Property and rights under this Sac Instrument, Including, but not limited to, attorneys' fees, property ins ? r fees, the absence of Peot and valuation fees. In regard to any other fees, the express authority in this Security Inat?unant to charge rge s specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge toes that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making s direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by din ct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to PENNSYLVANIA-Single Family-Fannie Mse/Frsddle Mao UNIFORM INSTRUMENT Form 303 Page 8 of 8 1=,Zsr '/O 1 BK 1993PG1;095 Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shag be given by delivering it or by mailing it by first class mail to Leader's address stated herein unless Lander has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 18. Governing Law; S~abWty; Rulso of Consttuatlon. This Security Instrument shag be and the law of the jurisdiction in which the Property is located. Ali rights and obligations co tagove by eral law ineddiin tthis Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Lew might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shag not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instarnent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of On masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words In the singular shag mean and include the plural and vice versa; and (c? the word "may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beirmfold Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, Including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and s beneficial Interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment In fug of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law. If Lender exerc of not less than 30l days from the date the notice d Is given In accordance with Section 5 within which Borrower pmri sd pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Roinnote After Acceleration. If Borrower meete certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (e) five days before sale of the Property pursuant to any power of sale contained In this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which than would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defsti t of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrwneat, including, but not limited to, reasonable attorneys' fees, property Inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest In the Property end rights under this Security lnetrument and (d) takes such action as Lender sy reasonably, require to asstrs that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstaterrent sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (bl money order; (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are Insured by a federal agency, instrumentality or entity; or Id) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligation secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sala of Note; Change of Loan Servloer; Noose of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change In the entity (known as the "Loan Servitor") that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Swvicer unrelated to a sale of the Note. If there is a change of the Loan Servieer, Borrower will be given wrlttai notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note Is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servitor and are not assumed by the Now purchaser unless otherwise provided by On Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action fee either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has broached any, provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the outer party (with such notice given in compliance with the requirements of Section 15) of such alleged breech and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. It Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of No paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pestickles and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materiels; (b) 'Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" Includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (e) that is In violation of any Environmental Law, (b) which creates an PENNSYLVANIA-Single Family-Fwwue Mae/Freddle Mae UNIFORM INSTRUMENT Page 8 of 8 ?m r3030 ::. ?Qt RK 1993PG?-:096 Environmental Condition, or Ic? which, due to the presence, use, or release of a Hazardous Substoance, creates condition that adversely affects the value of the property. The preceding two sentences shall nt apply to the e presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property, It Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lander for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration. Remcdas. Lando shall give nodbs to Borrower prior to acceleration tollawhm Borrower's broach of any ooverark at agreement In thle Security Instranerrt Ibut not prior to Applicable Law provides othrwise?. Lwtdsr shell other thin s t. (a) ededefouft r Section 10 a Lion required to curs the default; (a) when the default musBorrower of. t be and (d) t h at foil rs to owe ttha.4 111dt as b) specified ? may result in sceslaradon of the sums scoured by this S_ Inatirument. Property. Lender shaN further Imfsrm Borrower of the right to ?sinetus after faccellaredon oreclosure ? ? to and assert in the foreclosure procoodirq the non-existence of a dahadt or any other defansa of Borrower to acceleration and foreclosure. If the default Is rut cured as speeiRed, Lander at its option may require Irxiedlete payment In fd of all sera secured by this Security irstrunont without further demand and may foreclose this Scarlty Instnmertt by judicial proeudlp. Lander shah be entitled to collect aN expenses Incurred In Pursuing the rwrades provided In this Section 22, Including, but not N v*W to. attorneys' tees and aceb of Mite evidence to the extent Pwmkted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shag discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only it the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. WaWm. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Purchase Moray Mortgage. If any of the debt secured by this Security Instrument . acquire title to the Pro instrument is lent to Borrower to party, this Security Instrument shall be a purchase money mortgage. 27. Interest Rob Attar Judgment. Borrower agrees that the interest rate payable after a judgment Is entered on the Note or in an action of mortgage foreclosure shell be the rate paysble from time to time under the Note. . BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Was s: JENNI L WRIGHT - Borrowww - V Y' (sw? JUDY A. SHANK - Borrower G(/?7iir^ (Sell) SHIRL WRIOHT - Borrower CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgages, ORRSTOWN SANK, herein is as follows: SILVER SPRING OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIP RG, PA 17257 Attorney or gent for rtgagee !Space Below This Line For Acknowledgment) PENNSYLVANIA-Single Family4mmis MaelFrsddle Mac UNIFORM INSTRUMENT Page 7 of 8 Form ?3 01 Initials: 9K ! 993PVi097 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA I ? COUNTY OF (&4 W 11 33 On this, the day of j", 4--y 2 before me the undersigned Note Public, personaiiyappeared JENMFER L WRIQHT; JUDY A. SHANK; and SHIRLEY M. WRISHT, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that contained thty executed the same for the purposes therein . ., In witness whereof, I hereunto sat my hand and offieiy 64 COMMONWEALTH OF PENNSYLVANIA NOTARIALSEAL Notary Public in and for the St is of Harold S. Irwin Iii, Fsq, Nobuy Public Carlisle, Cumbedattd County eonwissim ex ' F 0-6,2011 uses ,ro,.r4 v.. a.a.a0.aw c.w. wrw,YUr?i,Yrq M. ifn. loG. rMI?. ?.J. . r? ?.K11YwWOS.rt TM,?,?, rw?a PENNSYLVANIA-Single Family-Facade Mee/FreddN Mac UNIFORM INSTRUMENT Form 3039 1/01 Page 8 of 8 Initials: H'1G? ullI993PG kogs ALL that certain tract of land with the improvements thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in or near the centerline of Township Road No. T-348 (Blue Pond Road), on the line of land now or formerly of Elizabeth Rood; thence along said township road, North 00 degrees 10 minutes 48 seconds East, a distance of 435.00 feet to a point on the line of Lot No. 2 on the hereinafter mentioned plan of lots; thence along the latter, South 89 degrees 49 minutes 12 seconds East, a distance of 585.86 feet to a point on the line of land now or formerly of Reuben Reiff; thence along the latter, South 03 degrees 40 minutes 12 seconds East, a distance of 426.22 feet to an existing hickory tree; thence along the same and lands now or formerly of Elizabeth Rood, South 89 degrees 16 minutes 18 seconds West, a distance of 614.56 feet to a spike in or near the centerline of said township road, the Place of BEGINNING. CONTAINING 5.9279 acres, 0.2495 of which is included within the dedicated right-of-way line of Township Road No. T-348, and begin described according to a Final Subdivision Plan for Eugene C. Wright and Hazel L. Wright by Stephen G. Fisher, dated November 3, 1987 and being designated as Lot No. 1 thereon. tliis to he recorded +inIberland County PA Pcf'order of Deeds EXHIBIT "A" SKI 993PG4099 l( VERIFICA'T'ION 1> I?rO , as an employee of Orrstown Bank, acknowledge I have the authority to execute this Verification on behalf of Orrstown Bank and certify that the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Mortgage Foreclosure is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. O B, I': IILFS Clients 1 2633 Omlo n Bank 12613.10 Wnght 12633. IO.complaint-pd SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???wtitr dC ?aurtbrxfyl?? iFf : E -HP Of THE Q OTHONOTARY 1011 AUG 22 AM 8:40 CUMBERLpt{p COUNTY PENNSYLVANIA Orrstown Bank vs. Jennifer L. Wright (et al.) Case Number 2011-6408 SHERIFF'S RETURN OF SERVICE 08/16/2011 05:10 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on August 16, 2011 at 1710 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer L. Wright, by making known unto Hazel Wright, Mother of Defendant at 59 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. ROBE T BITNER, DEPU 08/16/2011 05:10 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on August 16, 2011 at 1710 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Judy A. Shank, by making known unto Hazel Wright, Mother of Defendant at 59 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY 08/16/2011 05:10 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on August 16, 2011 at 1710 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shirley M. Wright, by making known unto Hazel Wright, Mother of Defendant at 59 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. RO ERT BITNER, EP TY SHERIFF COST: $72.44 August 17, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF !C; CounfySuto Shenff. I eiecsoft_ Ie<:. C-) C c ?t 3 --f HAROLD S IRYnN 111 ESQ M -0 ATTORNEY ID NO 62565 .,r- I x7 Q IRWIN LAIN OFFICE -<> N 4? 64 SOUTH PITT STREET < Ct .? Q CARLISLE PA 17013 >C-) ?C CD „ (717) 2434M C ? C)t n ATTORNEY FOR DEFENDANTS ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JENNIFER L. WRIGHT, JUDY A. SHANK : NO. 2011 - 06408 and SHIRLEY M. WRIGHT, Defendants NOTICE TO PLEAD TO: ORRSTOWN BANK, plaintiff, and it's attorney, CHRISTOPHER E. RICE, ESQ., MARTSON LAW OFFICES: You are hereby notified to plead to the within New Matter within twenty (20) days from service hereof or a default judgmept may be entered against you. September ? , 2011 HAROLD S. IRWIN,` Attorney for Defend Supreme Court ID # 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . CIVIL ACTION -LAW JENNIFER L. WRIGHT, JUDY A. SHANK : NO. 2011 - 06408 and SHIRLEY M. WRIGHT, Defendants ANSWER WITH NEW MATTER AND COUNTERCLAIM 1. The averments of paragraph one of plaintiff's complaint are admitted. 2. The averments of paragraph two of plaintiff's complaint are admitted. 3. The averments of paragraph three of plaintiff's complaint are admitted. 4. The averments of paragraph four of plaintiff's complaint are admitted. 5. The averments of paragraph five of plaintiff's complaint are admitted. 6. The averments of paragraph six of plaintiff's complaint are admitted. 7. The averments of paragraph seven of plaintiffs complaint are admitted. 8. The averments of paragraph eight of plaintiffs complaint are denied by reason that after reasonable investigation defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. 9. The averments of paragraph nine of plaintiff's complaint are admitted. 10. The averments of paragraph ten of plaintiff's complaint are admitted In that they have not made certain recent monthly payments. 11. The averments of paragraph eleven of plaintiffs complaint are admitted. 12. The averments of paragraph twelve of plaintiffs complaint are admitted. 13. The averments of paragraph thirteen of plaintiff's complaint are conclusions of law to which no response is required. Furthermore, defendants aver that the note and mortgage documents speaks for themselves. 14. The averments of paragraph fourteen of plaintiffs complaint are denied by reason that after reasonable investigation defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. Furthermore, it is specifically denied that attorney fees of 10% are reasonable. 15. The averments of paragraph fifteen of plaintiffs complaint require no response by the defendants. However, it is specifically denied that attorney fees of 10% are reasonable or that additional attorney fees would be reasonable or due by the defendants. 16. The averments of paragraph sixteen of plaintiff's complaint are neither admitted or denied as the terms of the leases speak for themselves. 17. The averments of paragraph seventeen of plaintiffs complaint are admitted. WHEREFORE, defendants demand judgment in their favor and against plaintiff. NEW MATTER 18. Defendants incorporate herein by reference their responses to plaintiff's complaint, paragraphs one through seventeen, inclusive, as if fully set forth herein at length. 19. At the time this mortgage was settled, defendants had requested a construction loan. However, plaintiff insisted on writing a mortgage and a second mortgage, knowing that the first mortgage amount was not enough to cover the costs of expected construction, thereby increasing the interest to be eamed by the plaintiff and substantially increasing the monthly loan service costs which the defendants were expected to bear. 20. Defendants have applied to PHFA for assistance in this matter. The initial application has been denied, but defendants believe that the denial was not justified and have filed a timely appeal. 21. Plaintiff should not be permitted to continue with this foreclosure action until defendants' PHFA application has been fully reviewed and completed. 22. Defendants believe and therefor aver that attorneys fees of 10% of the principal amount due and owing under the mortgage, charged for simply sending out legally required foreclosure notices and filing a foreclosure complaint, are unjust, unreasonable, and inequitable and should not be awarded in this case. WHEREFORE, defendants demand that the complaint be dismissed and that judgment be entered in defendants' favor and against plaintiff. September / '2011 HXROLD S. IRWI , III, Attorney for Defen ar 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I, the undersigned, hereby verify that I am one of the defendants in this action. I verify that the facts stated in the above answer and new matter are true and correct. I understand that false statements herein are made subject to the penalties of PA.C.S. Section 4904, relating to unsworn falsification to authorities. September , 2011 ? ER L. WRI T, Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Defendants' ANSWER with NEW MATTER on this / (r- day of September, 2011 by placing it in first class certified mail, return receipt requested and postage prepaid, addressed as follows: CHRISTOPHER E. RICE ESQ MARTSON LAW OFFICES 10 E HIGH ST CARLISLE PA 17013 Attorney for Plaintiff 'HAROLD S. IRWIN, Attorney for Defem 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920