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HomeMy WebLinkAbout11-8452 I MID PENN BANK, PLAINTIFF V. CALVIN F. WILLIAMS, III AND AMY W WILLIAMS A/K/A AMY W. SCHMIDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No. COMPLAINT IN MORTGAGE FORECLOSURE DEFENDANTS 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 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, 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 REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 n (717) 249-3166 W x me -1 rn Mr- Ca' <© © xo a. s ?C-) A C M 0 ooPd /7f? ??2-67/ao AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demand y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 2 Steven J. Schiffinan, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman(a)ssbc-law.com jmadden@ssbc-law.com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CALVIN F. WILLIAMS, III AND AMY W. : DOCKET NO. WILLIAMS A/K/A AMY W. SCHMIDT, COMPLAINT IN MORTGAGE FORECLOSURE DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES, Plaintiff, Mid Penn Bank by and through its counsel, Serratelli, Schiff nan, & Brown, P. C., and files its Complaint in Mortgage Foreclosure and in support thereof avers the following: Plaintiff Mid Penn Bank ("Plaintiff) is a Pennsylvania banking institution with a business address at 349 Union Street, Millersburg, Pennsylvania 17061. 2. Defendant Calvin F. Williams, III ("Defendant Calvin") is an adult individual with a last known mailing address of 149 Locust Point Road, Mechanicsburg, Pennsylvania 17055. 3. Defendant Amy W. Williams a/k/a Amy W. Schmidt ("Defendant Amy") is an adult individual with a last known mailing address of at 103 E. Keller Street, Mechanicsburg, Pennsylvania 17055. Defendant Calvin and Defendant Amy are hereinafter referred to collectively as "the Defendants." 3 Count I - Mortgage Foreclosure 4. Plaintiff incorporates herein by reference paragraphs 1 through 3 of this Complaint as if fully set forth herein. 5. On or about January 13, 2006, Plaintiff extended a home equity line of credit, identified as loan number 100005131, to Defendants in the amount of $100,000.00 (the "Loan") 6. To evidence its indebtedness under the Loan, Defendants contemporaneously made, executed and delivered to Plaintiff a Promissory Note dated January 13, 2006 (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A." 7. The Note is secured by an Open-End Mortgage dated January 13, 2006 ("the Mortgage"), by which Defendants granted Plaintiff a mortgage lien on real property known as 149 Locust Point Road, Mechanicsburg, Pennsylvania 17055 ("the Mortgaged Premises"), and more particularly described in the exhibit attached to the Mortgage. A true and correct copy of the Mortgage is attached hereto as Exhibit "B." 8. Defendants are the record owners of the Mortgaged Premises. 9. The Mortgage was recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, on January 30, 2006 in Book 1938, Page 3392. 10. On or about February 21, 2008, Plaintiff and Defendants executed an Agreement to Release One Party, which released Defendant Amy from personal liability on the Note but did not release her from her obligations under the Mortgage. A true 4 and correct copy of the Agreement to Release One Party is attached hereto as Exhibit "C." 11. Defendant Calvin has defaulted under the Note by failing to make payments when due. 12. Defendant Calvin has failed and refused to make payment of the amount outstanding to Plaintiff. 13. Pursuant to the Note, upon a default, Plaintiff is entitled to accelerate all of Defendants' obligations under the Note, making all outstanding amounts immediately due and payable. 14. Plaintiff provided Defendants with notice of its intent to foreclose pursuant to Act 6, 41 P.S. § 403. True and correct copies of the Notices are attached hereto as Exhibit "D." 15. Plaintiff is therefore entitled to recover the following amounts: Principal Balance: $94,732.57 Interest through 11/03/11: $ 1,273.75 Late fees through 11/03/11: $ 642.40 Estimated Attorneys' Fees $ 5,000.00 TOTAL $101,648.72 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest, from November 3, 2011. WHEREFORE, Plaintiff demands that judgment in mortgage foreclosure on the mortgaged premises known as 149 Locust Point Road, Mechanicsburg, Pennsylvania 17055 be entered in its 5 favor and against Defendants Calvin F. Williams, III and Amy W. Williams a/k/a Amy W. Schmidt in the amount of $101,648.72, plus any additional interest, attorneys' fees, and costs authorized by the Note. Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN P. C. Date: November 8, 2011 ? ?t Steven . Schiffman, Esquire Jeni S., adden, Esquire Pa. ID os. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 6 VERIFICATION I, Amy Custer, do hereby state, under penalty of 18 P.S. § 4904 relating to unsworn falsification to authorities, that I am an authorized representative of Plaintiff Mid Penn Bank, am authorized to give this verification on its behalf, and that the averments set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. Mid Penn Bank By: us r PENN BANK CALVIN W. WILLIAMS III; AMY W. WILLIAMS Loan Number i 131 1 ALLENTOWN BLVD. 149 Agreement Date 01.13.2Q06 RISBURG, PA MECHANICSBURG, PA 17055 credit Limit e1Q0,000.00 Maturity Date Lender Borrower HOME ITV LINE OF CREDIT 1. DEFNNTIDNS. In this Agreement, these terms have the following 0. ? MINIMUM BALANCE. I agree to maintain a principal meanings. balance tot di dur A. Pronouns. The pronouns 'I ' 'ms' and 'my' refer to all Borrowers signing this Agreement, jointly and individually, and each other person or legal entity that agrees to pay this Agreement. 'You' and 'your' refer to the Lender, or any person or legal entity that acquires an interest in the Line of Credit. blI 1 • Agreement refers to this HOME EQUITY LINE OF and any extensions, any extensions, renewals, modifications or substitutions of it. C. Borg Cycle. Silting Cycle means the interval between the days or dates of regular periodic statements. D. CredN UmIL. Ctedlt Limit means the maximum amount of principal you wit permit me to owe you under this Line of Credit at any one time. My Credit Limit U stated at the top of this Agreement. E. Lisa of Credit. Line of Credit voters to this transaction generally, including obligations and duties arising from the terns of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures, and this Agreement. F. Loan AaeotW 0 * m. Loan Account Balance meens the sum of the unpaid principal balance advanced under the terms of this Agreement, finance charges, foes, and other charges that are due, and other amounts advanced to me or others under the tams of this tine of Credit. 0. Property. Property means any reel or personal property that secures my obligations under this Line of Credit. Other Important terms are defined throughout this AgreemenL 2. PROMISE TO PAY. I promise to pay to you or you order, at your address, or at such other location as you may designate, so much of the Credit Limit as may be advanced under this Agreement, plus finance charges, fees, charges, costs, and expenses as described In this Line of CredlL 3. AGREEMENT TERM. This Agreement begins on the Agreement Date and continues until the Maturity Dote. The Draw Period is tie period during the term of tinier Agreement that I may request advances. I may not request advances during the Repayment Period. Periodic minimum payments are required dv?W,?lsogt?he Drew Period and Repayment Period. The Draw Period L o TEARS and begins chant Data. The Repayment Period will then continue for 4. ADVANCES. I may request advances by the following methods: A. IN I write a CHECK B. 11 1 draw my transaction account below (Triggering Balance). Transaction account number ?R Yl?rf Xi- 1N l ?wel IN P RSON RY PHONP RY MAI D. 17 1 make a purchase or withdrawal with my E. Q 1 authorize you to make a payment to a third person or another account. You will make the advance by advancing the amount directly to me, depositing It In my transaction account or by paying a designated third Parson or account. You w1Y record the amount as an advance and increase my Loan Account Balance. G. ADVANCE LIMITATIONS. You do not have to make any advances during any period In which I have a right to cancel. My ability to request and access advances is also subject to the following additional limitations. A. C1 Initial Advance. On an Initial Advance of s - I will receive B. Mkoh um Advance. Subject to the limitations contained In this A osmon% when I r vast an advance: Y6U WILL ADVANC? EXACTLY THE AMOUNT I REQUEST. C. ? Maximum Amount of Advances. I may not request advances totaling more than 0 _ per D. ? Maximum Number of Advances. I mayrnot request more than advances per , our an rag btu tin term of this Agreement of at least 11(Minimum Balance). 7. CREDIT LIMIT. Subject to the terms and conditions of this Agreement, 1 may borrow on this Line of Credit up to the Credit Limit. 1 agree not to request or obtain an advance that will cause the unpaid principal of my Loan Account Balance to exceed the Credm Limp. I understand that you will not ordinarily grant a request for an advance that would cause the unpaid principal of my Loan Account Balance to be greater than the Credf[ Limit, but that you may, at your option, grant such a request without obligating yourselves to do so in the future. My Credit Limit wit not be Increased If I overdraw the Line of Credit. If I exceed the Credit Limit, 1 agree to pay tbe amount by which the unpaid principal of my Loan Account Balance exceeds the Credit Limit immedktely, even if you have not yet billed me. Any sums In excess of the Credit Link will not be secured by the Property, unless they are for accrued but unpaid interest or expenditures made pursuant to the security instrument securing the Property, 8. COMPUTATION OF FINANCE CHARGES. Finance charges begin to accrue Immediately when you make an advance to me. Finance charges will be computed ee follows: TO FIGURE THE I== CHARGE FOR EACH BNINIG CYCLE, A DAILY PERIODIC RATE IS MULTIPLIED BY THE AVERAGE DAILY BALANCE OF MY LOAN ACCOUNT BALANCE YOU THEN NULTIPLYTHAT AMOUNT BY THE NUMBER OF DAYS IN THE BILLING CYCLE TO FIGURE THE AVERAGE DAILY BALANCE, YOU RRST TAKE MY LOAN ACCOUNT BALANCE AT THE BEGBlNBB OF EACH DAY, AND ADD ANY NEW ADVANCES, AND SUBTRACT ANY PAYMENTS OR CREDITS THAT APPLY TO DEBT REPAYMENT, AND ANY UNPAID FINANCE CHARGES, FEES, AND CHARGES THIS (BYES YOU THE DAILY BALANCE THEN, YOU ADD UP ALL THE DAILY BALANCES FOR THE BILLING CYCLE AND WIDE THE TOTAL BY THE NUMBER OF DAYS IN THE BILLING CYCLE THIS SIYES YOU THE AVERAGE DAILY BALANCE 9. PERIODIC RATE AND ANNUAL PERCENTAGE RATE. The period' rp?t ad In calculating the FINANCE CHARGE Is --.{t1=!=19%. aresPonding ANNUAL PERCENTAGE RATE The annual percentage rate Includes Interest and not other costs. 10. VARIABLE RATE. The annual percentage rate may change. It will be based on the value of the Index described as the: THE BASE RATE ON CORPORATE LOANS POSTED BY AT LEAST 75% OF THE USA'S THIRTY LARGEST BANKS. KNOWN AS THE WALL STREET JOURNAL PRIME RATE plus '0-250 percentage points. ?. This rate will be rounded TO THE B. Rate Changes. The annual percentage rate may increase If the Index me Increases. An Index rate increase will result in a higher finance charge and It may how tin effect of increasing my periodic Minimum Payment. A decrease In the Index rate will have the opposite effect as ip,ioc[sana_Ag Ltdax r"ts_fom or decrease will take affect 11?1?FJHS1 l1F TFI MBl7PIlFl its angpel percentage rate can ?Q "ecresse (® after remaining fixed for s-uu>tiu f?i_ J. H the Index rate changes more frequently than the annual percentage rate, you will use the Index rate in effect on the day you adjust the annual percentage rats to determine the new annual percentage rate. In such a case, you will Ignore any changes in the index rate that occur between annual percentage rate adjustments. C. ? Carryover- Any annual percentage rate Incteases or decreases not .Implemented by you either because of periodic, annual or lifetime ate caps, or because of a statutory Imitation, may be carded over to subsequent rate adjustment periods and may be implemented to the extent not offset by opposite movement in the Index rate. If this occurs, the annual percentage rate will not relate to the Index rate In the manner described. When you have adjusted the annual percentage rate to take advantage of all Increases or decreases In the Index rate, the Initial relationship between the Index rate and the annual percentage rate will resume. 0. Rata Change Limitations. Annual percentage rote changes are subject to the following limitations. Initial discount or premium rates are not taken Into consideration In applying Interest ate limitations. (1) O Periodic Limits. The ANNUAL PERCENTAGE RATE cannot Increase by more than percentage points 10 or decrease by more then percentage points) I2) IN Lifetime, Floor. The ff ftl- PERCENTAGE RATE will never be lower than: bb IOlUUOU?R Home Equiry Variable view Repay Agreement FORM HE-V-DR 2/20/2004 02000 Bankers Systems, Inc., ST. CLOUD, MN (page 1) PLAINTIFF'S EX IT Q n 13) Lifetime Cap. The AdNLIAL, PERCENTAGE RATE will never be higher then: 01U 11. FEES AND CHARGES. I agree to pay, or have paid, the foes and charges gated in the FEES APPENDIX that appears at the and of this Agreement. 17. ? NEGATIVE AMORTIZATION. Under some circumstances, my ' payments will not cover the finance charges that accrue and negative amortization will occur. Negative amortization will Increase the amount that I owe you and reduce my equity in my home. In the event that negative amortization occurs, the unpaid portion will be: 12. PAYMENT DATE. During the term of this Agreement, a Minimum Payment wig be due on or before the Payment Date indicated on my penodlo statement for any Ogling Cycle in which there is an outatar>?C.ha4tnce on my account. My Minimum Payments will be des: MUM t1LT 13. MINIMUM PAYMENT. On or before each Payment Date, 1 ogres to make a payment of at least the Mkdmum Payment amount. During the Draw Period, the Minimum Payment will equal the following: THE AMOUNT OF ACCRUED FINANCE CHARGES ON THE LAST DAY OF THE BILLING CYCLE. During the Repayment Period, the Minimum Payment will equal the following: AK f?Aaundipg. The Minimum Payment will be rounded DJA B. A?] Payment of Balance. If my Loan Account Balance, at the and of a Bglirng cycle is less than b my Minimum Payment wig equal the entire outstanding Loan Account Balance. C. Paymeat at Mattaity. On the Maturity Data I must pay the entire outstanding Loan Account Baisnce. 14. PRINCIPAL REDUCTION. A. ? .Draw Period. During the Draw Period, the Minimum Payment ? win not reduce ? may not fully repay the principal balance outstanding on my Loan Account Balance. B. ? Repayment Period. During the Repayment Period, the Minimum Payment ? wgl not reduce ? may not fully repay the principal balance outstanding on my Loan Account Balance. 18. ? FINAL PAYMENT. At maturity, 1 ? may.have to ? will repay the emir outstanding Loan Account Balance In a single payment. At that tins you may, but we not obligated to, refinance this Una of Credit. It you do refinance this Line of Credit at maturity, I understand that I may have to pay some or all of the closing costs normally esscclated with a new ban. S. ADDITIONAL PAYMENT TERMS. If my Loan Account Balance on a Payrnent Date Is less than the Mkdmum Payment. amount 1 must pay only the amount necessary to reduce my Loan Account Balance to zero or to any required Minimum Balance. If I otherwise fall to fully pay the Minimum Payment amount, you may, but are not required to, advance money to me to make the payment. AN the terms of this Agreement will apply to such an advance. Subject to any required Minimum Balance, I can pay off all or part of what I owe at any time. 1 must continue to make my periodic Minimum Payment to long on. I owe any amount. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to any charges 1 owe other than principal and finance charges, then to any finance charges that are due, and finally to principal. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment Is otherwise a full payment. 18. SECURITY. You have seared my obligations under this Line of Credit by taking dl Merest (by way of a separate security Instrument dated 11JJ LLWWfyi t in the following Property: 149 LOCUST POINT ROAD, MECHANICSBURG, PA 17055 Property securing any other loans that I have with you may also secure this Agreement. 18. PROPERTY INSURANCE. 1 will Insure or retain insurance coverage on the Property and abkle by the Insurance requirements of any security instrument securing this Line of Credit. 1 may, obtain property insurance from anyone 1 ward that Is reasonably aoseptable to you. H I get the Insurance from or through you, 1 wgl pay t for of coverage. 20. COMMISSIONS. 1 understand and agree that you (or your affllatei will earn commissions or fees on any Insurance products, and may earn such fees an other services that I buy through you or your affiliate. 21. DEFAULT. I will be in default if any of the following occur. A. Payments. I fall to make a payment as required by this Agreement. L Property. My action or inaction adversely affects the Property or your ,V1 rights in the Property. C. 1a Fraud. 1 engage in fraud or material misrepresentation In connection with this tins of Credit. 22. ROES. After I default, and after you give any legally required notice and opportunity to cure, you may at your option do any of the following: A. Tamth rtion and Acceleration. You may terminate this Una of Credit and make all or any part of the amount owing by the terms of this Agreement immediately due. B. Advaiwoo. You may temporarily or permanently prohibit any additional advances. C. Credit Un*. You may temporarily or permanently reduce the Credit Limit. D. Additional Security. You may demand additional security or additions[ parties to be obligated to pay this Agreement. E. Insurance Benefits. You may make a claim, for any and all Insurance benefits or refunds that may be available on my default. F. Payments Me" On My Behalf. You may make amounts advanced on my behalf Immediately due, and you may add. these amounts to the Loan Account Balance. 0. Saunas. You may ues any and all remedies you hove under applicable law or any agreement securing this Agreement. Except as otherwise required by law, by choosing a remedy you do not give up your right to use another remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the went a default and to use any remedies It the default continues or occur. again. 23. COLLECTioN EXPENSES-AND ATTORNEYS' FEES. On or after default, to to extant permitted by low, I'awes to. pay the following: ALL EXPENSES OF COLLECTION, EMMEMENT OR_PROTECTRAR OF YOUR RIGHTS AND REMEDIES MR THIS AGREEMENT. FXPBW XCLUDE, BUT ARE NOT LIMITED TO, ATTORNEYS' FEES, COURT COSTS AND OTHER LEGAL EXPENSES. THESE EXPENSES ARE DUE AND PAYABLE Bi IEIRATELY.I 0101 PAID IMMEDIATELY. THESE EXPENSES WILL BEAR INTEREST FROM THE DATE OF PAYMENT UNTIL PAID IN FULL AT THE NOW BLTEFUT RATE M EFFECT AS PROYIOED FOR IN THE TERMS OF TUB AGREEMENT. ALL FEES AIM EXPENSES WILL BE SECURED BY THE PROPERTY I HAVE GRANTED TO X% IF ANY. TO THE EXTENT PERMITTED BY THE UNITED STATES BANKRUPTCY CODE, I ASREE TO PAY THE REASONABLE ATTORNEYS' FEES YOU INCUR TO COLLECT THIS DEBT AS AWARDED BY ANY COURT EXERCISING jurdbicTiON UNDER THE BANKRUPTCY CODE 24. SUSPENSION OF CREDIT AND REDUCTION OF CREDIT LIMIT. You may temporergy prohibit me from obtaining additional advances or reduce my Credit Limit during any period in which any of the following we in effect. A. The value of the Property securing this Una of Credit declines significantly below its appraised value for purposes of this Line of Credit; S. You reasonably believe that I will not be able to most the repayment requirements under my Line of Credit due to a material change in my financial circumstances, C. I am In default of a material obligation under this Line of Credit. 1 understand, that you consider all of my obligations to be material. Categories of obligations that you consider material Home Equity Variable Draw Repay Agreement FORM HE-V-DR 2120/2004 - r2000 Bankers Systems, Inc., ST. CLOUD, MN (page 2) include, but are not limited to: my obligation to not commit fraud or misrepresentation in connection with this Line of Credit my obligation to meet the repayment terms of this Line of Crack; my obligation to not adversely affect the Property or you rights in the Property; my obligation to pay fees and charges; my advance obligations; my obligation to fulfill the terms of the instrument securing this Agreement, and any other security instruments on the Property; my obligation to nobly you; and my obligation to provide you with information; D. Government action prevents you from Imposing the annual percentage rate provided for in this Agreement; E. The priority of your security Interest is adversely affected by government action to the extent that the value of the security interest is less than 120 percent of my Crock Limit F. The maximum annual percentage rate allowed under this Agreement is reached; 0. You are notified by a regulatory agency that continued advances constitute an unsafe and unsound practice; or H. Any Borrower requests a suspension of credit privileges. In order to reinstate my credit privileges under the original terms of this Agreement, I must sand you a written request to that effect. My credit privileges will only be reinstated if you determine that fine condition which caused you to prohibit additional extensions ahefor reduce the Credit Limit no longer exists. N appraisal or credit report fen are Incurred in making this determination, you may Cd slowed by applicable law) charge me such fees. If credit privileges were suspended at my request, they need not be reinstated unless all Borrowers request reinstatement. 26. SET-OFF. You may set-off any amount due and payable under the terms of this Agreement agsi m my right to receive money from you, unless prohibited by applicable law. For example, your right of set-off will not apply if I may obtain credit under this Agreement by wing a credit card. 28. AMENDMENTS. Generally, the terms of this Agreement cannot be changed. You may, however, make the following changes: A. You may make changes that I agree to in writing at the tine of the change. S. You may make changes that win unequivocally benefit me. C. You may make Insignificant changes, 0. You may change the Index and margin if the original Index becomes unavailable. Any now Index will have an historical movement substantially shnilr to the original Index, and together with the now margin, produce an annual percentage rate substantially similar to the rate In effect at the time the original Index became unavailable. E. You may make changes that are described elsewhere in this Agreement 27. TERMINATION. I may terminate this Una of Credit et any time upon written notice to you. Termination by one Borrower terminates the Una of Credit for ale Borrowers. Termination will not affect my obligation to repay advances made prior to the termination, nor will it after my duties to perform under the terms of an instrument securing this Agreement until such Instrument Is released. Upon terminstion I will return to you any remaining access devices In my possession that were Issued or used in connection with the Line of Credit 28. WAIVERS AND CONSENT. To the extent not prohibited by law and except for any required notice of right to cure for the failure to make a required payment I waive protest, presentment for payment, demand, notice of acceleration, notice of Intent to accelerate and notice of dishonor. To the extent not prohibited by law, I and any other party to this Una of Crofn, also consent to the following actions that you may take, and waive defenses that may be available based on these actions, or based on the status of a party to this Line of Credit. A. You may renew or extend payments on this Agreement, regardless of the number of such renewals or extensions. No delay or forbearance on your part in exercising any of your rights or remedies will be construed as a waiver by you, unless such waiver is in writing and is signed by you. 29. TAX DEDUCTIBILITY. 1 should consult a tax advisor regarding the deductibility of interest and charges under this Line of Credit, 30. PERIODIC STATEMENTS. if I have an outstanding balance on my account or have any account activity, you will send me a periodic statement at the and of each Billing Cycle. This periodic statement will reflect, among other things, credit advances, finance charges, other charges, payments made, other cracks, my previous account balance and my now account balance. The periodic statement will also identify my Minimum Payment for the cycle and the data It Is due (Payment Dotal. 31. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. My obligation to pay this Lira of Credit Is independent of the obligation of any other person who has also agreed to pay it.-You may sue me done, or anyone also who Is obligated on this Lie of Credit or any number of us together, to collect on this Una of Credit. Extending this Una of Credit or now obligations under this Line of Credit, will not affect my duty under this Una of Credit end I will still be obligated to pay this Lie of Credit. The duties and bensfis of this Line of Credit will bind and benefit the successors and "signs of you and me. 32. INTEGRATION AND SEVERABR.ITY. This Agreement Is the complete and final expression of the agreement. It any provision of this Agreement Is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 33. INTERPRETATION. Whenever used, the singular includes the plural and the phial Includes the singular. The section headings are for convenience only and are not to be used to Interpret or define the terms of this Agreement. 34. NOTICE, FWANCIAL REPORTS, AND ADDITIONAL DOCUMENTS. Unless otherwise requited by low. any notice will be given by delivering it or mating It by first class mall to the appropriate party's address above, or to any other address designated In writing. Notice to one Borrower will be deemed to be notice to ell Borrowers. 1 will Inform you In writing of any charge in my name, address or other application Information. i will provide you any financial statement or Information you request. AN financial statements and information i give you will be correct and complete. I agree to sign, defter, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Una of Credit and to confirm your fen status .on any Property. Time is of the essence. 36. CREOIT INFORMATION. 1 agree to supply you with whatever information you reasonably feel you need to decide whether to continue this Una of Credit. You will make requests for this Information without undue frequency, and will give me reasonable time in which to supply the Information. 36. APPLICABLE LAW. This Agreement is governed by: THE LAWS OF PENNSYLVANIA, THE UNITED STATES OF AMERICA AND, TO THE EXTENT REQUIRED, BY THE .LAWS OF THE JURISDICTION WHERE THE PROPERTY IS LOCATED. 37. OTHER TERMS. If chocked, the following addenda are attached to and made a part of this Agreement: A. ? Automatic Withdrawal B. ? Conversion Option C. ? Cradle Insurance D. ? initial Rate E. ? Preferred Rate F. 0 B. You may release any Borrower or other person who maybe liable for the indebtedness under this Aareement. 36. ADDITIONAL TERMS. C. You may release, substitute or Impair any Property securing this Agreement. You may invoke your right of setoff. E. You may enter into any sales or repurchases of this Agreement to any person in any amounts and I waive notice of such sales or repurchases. F. I agree that any Borrower Is authorized to modify the terms of this Agreement on any other Line of Credit document. G. You may inform any party who guarantees this Line of Credit of any loan accommodations, renewals, extensions, modifications, substitutions, or future advances. NOTICE TO BORROWER. THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. I AGREE TO PAT ALL COSTS OF TERMINATING MID PENN BANK'S SECURITY INTEREST. Home Equity Variable Drew Repay Agreement FORM HE-V-DR 2/20/2004 v2000 Bankers Systems, Inc., ST. CLOUD, MN _ _ , _ _ _ (page 31 SIGNATURES. I understand that terms following a 11 only apply if chocked. By signing, I agree to the terms of this Agreement and acknowledge receipt of s copy of this Agreement BORR ? X X ' X C W. WILLIAMS I A W. LAMS X LENDER: NO GILL A OFFICE MANAGJ? MY BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about my rights and your responsibilities under the Fair Credit Ming Act. Notify You In Case of Erms or CkwaMms About My Bill If 1 think my bill is wrong, or if I need more information about a transaction on my bill, I will write you at the address listed on my bill. I will write to you as soon as possible. You must hoar from me no later than 60 days after you sent me the first big on which the error or problem appeared. I can tslephons you, but dol ig so will not preserve my rights. In my letter, l will give you tba follewlew Information: (a) My name and account number, (b) The dollar amount of the suspected error. (c) Describe the error and explain, N I can, why I beileve time Is an error. H 1 need more Information, l will describe the hem 1 am not sure about. If I have authorized you to pay my bill automatically from my savings,_checkkp, share haft or other account, I con stop the payment an any amount 1 think Is wrong. To stop the payment my letter must reach you three business days before the automatic payment is scheduled to occur. My Rights and Your ResponslbiYties After You Receive My Wdtten Notice You must acknowledge my letter within 30 days, unless you have corrected the error by then. Within 90 days, you must either correct the error or explain why you believe the bill was correct. After you receive my latter, you cannot by to collect any amount I question, or report me as delinquent You can continue to bill me for the amount I question, Irwluuflng finance charges, and you con apply any unpaid amount against my Credit Limit. I do not have to pay any questioned amount while you are Investigating, but I sm still obilgsted to pay the parts of my bill that we not In question. If you find that you made a mistake on my bil , I will not have to pay any finance charges related to any questioned amount If you didn't make a mistake, 1 may have to pay finance charges, and I will have to make up any missed payments on the questioned amount. In either case, you will sand me a statement of the amount 1 owe and the date that it Is due. It 1 fail to pay the amount that you think I owe, you may report me as deligquent. However. H your explanation does not satisfy me and I write to you within ten days tailing you that I still refuse to pay, y6u must tog anyone you report me to that I have a question about my bill. And, you must tell me the name of anyone you reported me to. You must tag anyone you repott me to that the matter has boon settled between. us when it finally is. It you don't follow these rules, you can't collect the first 460 of the questioned amount, even If my bill was correct. Special Rule for Cradit Card Purchases If I have a problem with the quality of property or services that 1 purchased with a credit card, and 1 have tried In good talth to correct the problem with the merchant, I may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) I must have made the purchase in my home state or, H not within my home state within 100 miles of my current mailing address; and lb) The purchase pdpe must have been more than 050. These limitations do not apply H you own or operate the merchant, or If you mailed me tha.advartisement for the property or services. FEES APPENDIX OTHER CHARGES MAINTENANCE FEE: $25.00 DUE ANNUALLY OVERDRAFT TRANSFER FEE: $5.00 DUE PER TRANSACTION MANUAL TRANSACTION FEE: $5.00 DUE PER TRANSACTION LATE CHARGE 10.000% OF THE LATE AMOUNT WITH A MIN OF $20.00 IF MORE THAN 15 DAYS LATE. ANNUAL MAINTENANCE FEE: 25.00 OVERDRAFT TRANSFER FEE: 5.00 MANUAL TRANSACTION FEE 5.00 OFFICIAL: 46.50 TITLE SEARCH: 45.00 FLOOD SEARCH: 14.00 APPRAISAL 326.00 HAZARD INSURANCE: 550.OOIANNUAUPOC Home Equity Variable Draw Repay Agreement FORM HE-V-DR 2/20/2004 42000 Bankers Systems, Inc., ST. CLOUD, MN (page 41 t1i::1 ?U a it !! rJ Prepared By: MID PENN BANK 5500 ALLENTOWN BLVD. HARRISBURG, PA Return To: MID PENN BANK 5500 ALLENTOWN BLVD. HARRISBURG, PA Parcel Number: 22.10.0642-110 Premises: 149 LOCUST POINT RD, MECHANICSBURG, PA 17055 -Commonwealth of Pennsylvania Space Above This Line For Recording Data - OPEN-END MORTGAGE Ibis Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is Q1:13-2O1 ....... .................................... and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: CALVIN W. WILLIAMS III AND AMY W. WILLIAMS 149 LOCUST POINT ROAD MECHANICSBURG, PA 17055 ? If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. NDER: MID PENN BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF PENNSYLVANIA 5500 ALLENTOWN BLVD. HARRISBURG, PA 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: PROPERTY SITUATED IN MONRO.E TWP AS DESCRIBED IN CUMBERLAND COUNTY DEED BOOK #248, PAGE #3073 TAX PARCEL #22-10- 0642-110 PENNSYLVANIA - HOME EQUITY LINE OF CREDIT MORTGAGE INOT FOR FNMA. FHLMC. FHA OR VA USE) (OS 01294 Bmk4n SystM . k,o., SL Claud, MN Form OCP4tEMTG-PA 311IRO06 OK1938PG3392 PLAINTIFF-PS J Q Jy J Q The property is located in CUMBEKAND .............................. at 149.LDCUS1 POINT P...... (County) 1. 055... ................................................. NIECHANJUNRG........... Pennsylvania Coode) Code). (Address) (City) (ZIP Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed S M IIOQ.Ol1 .......................... This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (You must specifically identify the debt(s) secured and you should include the final maturity date of such debt(s).) HOME F LN O DO D TED THE NAME OF CALVIN W AND AMY W WILLIAMS 111, IN THE 2006 B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. Alt other obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and cxpenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. tow of el 01994 B-k- Sysnma, 1-. St. Mud. MN Form OCP-NEMTG-PA 3111/2006 40 BKI938PG3393 MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this section are material obligations under the Secured Debt and this Security Instrument. If Mortgagor breaches any covenant in this section, Lender may refuse to make additional extensions of credit and reduce the credit limit. By not exercising either remedy on Mortgagor's breach, Lender does not waive Lender's right to later consider the event a breach if it happens again. Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees to make all payments when due and to perform or comply with all covenants. Mortgagor also agrees not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written approval. Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the tPropery Cdition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties. under the covenants, by-laws, or regulations of the condominium or planned unit development. Condemnation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through of I?1 E '>? 01994 Bankers Systems. N,e., St. Cloud, MN F«m OCP.REMTG.PA 111112005 C -if`=Y - 6K i 938PG3394 condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. Insurance. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance tamer providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard .mortgage clause' and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien staters on the Property. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 8. DEFAULT. Mortgagor will be in default if any of the following occur: Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that is an open end home equity plan. Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment when due. • fp•De?4 of_8) 01994 9•nt•n 9Yamms, Inc., St. CbuA. UN Form OCP•RENTf6-PA V1 112005 N' j- ? V_ Sit 1936PG3395 Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects the Property or Lender's rights in the Property. This includes, but is not limited to, the following: (a) Mortgagor fails to maintain required insurance on the Property; (b) Mortgagor transfers the Property; (c) Mortgagor commits waste or otherwise destructively uses or fails to maintain the Property such that the action or inaction adversely affects Lender's security; (d) Mortgagor fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien of this Security Instrument; (e) a sole Mortgagor dies; (f) if more than one Mortgagor, any Mortgagor dies and Lender's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed against Mortgagor and subjects Mortgagor and the Property to action that adversely affects Lender's interest; or (i) a prior lienholder forecloses on the Property and as a result, Lender's interest is adversely affected. Executive Officers. Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes indebted to Lender or another leader in an aggregate amount greater than the amount permitted under federal laws and regulations. i. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, Lender may accelerate the Secured Debt and foreclose this Security instrument in a manner provided by law if Mortgagor is in default. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, or other notices and may establish time schedules for foreclosure actions. At the option of the Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it happens again. 10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Mortgagor breaches any covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in performing such covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest. These expenses are payable on demand and will bear interest from the date of payment until paid in full at the highest rate of interest in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, rear a c??e? ®isss M,Kars Srsunu• me., 51. Claud, MN Fam OCFREMTG-PA 3111l2oo6 !''? .??L_ 8K i 938PG3396 attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material,' "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acinowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lendcr if a release or threatened release of a Hazardous Sirbstance occurs on, under or about the Property or there is a violation of any Environmental Law I the Property. In such an event, Mortgagor sball take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 14. SEVERABILITY; INTERPRETATION. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. - - --The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. s of > -Wi 01994 Beakw 9Pwms, Inc.. SL awe, MN Fwm OCP-REM7G-PA 311112005 C? BK 1936P&3397 15. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 16. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. 17. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. 18. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations. Any provision that appoints Lender as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56- Decedents, Estates and Fiduciaries Code). Lender, by exercising any of its rights under this Security Instrument, does so for the sole benefit of Lender. 19. RIDERS. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. (Check all applicable boxes) ? Assignment of Leases and Rents ? Other ......................................................... 20. ? PURCHASE MONEY. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. 21. M NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. 22. ? ADDITIONAL TERMS. IA71 of 8) c9 ? w ?+ri-E? 01994 9?ebra Systunb Nw.. St. Cbud, MN Form OCRPEMTOYA 311112005 gK 1938PG3398 SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments, Mortgagor also acknowledges receipt of a copy of this urity Instrument on the date stated on page 1. r E!'` (Signature) CALVIN. WILLIAMS III (Date) (Signtrtur W. WILLtAMS (Date) ? ...................... ................ ...................... .?? (Witness) (Witness) ACKNOWLEDGMENT: Ctyy?Jl/?'t? COMMONWEALTH OF PWNS`fLYANIA.......... COUNTY OF .... ss (Indi- On this, the 13TH...... day of ,JAWARY. 2000........... before me ............................ vidual) the undersigned officer, personally appeared CAL,VIR&WILIJAM,S111:ANIYAWILLIAMS.... known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same for the uereiaeettta' ed. In witness whereof, I hereunto set my ha cial seal. My commission expires: (Seal) ....... ...... ... .......... cry of W CUMbdOn Bow Mar. 4.005 Mia-bar, PBn x*anie AssmWm a MAyM It is hereREP rtified that the address of the Lender within named is: 5500-kLENTP-ORM-1..... l}A .................................................................................................... R7' 81 LVJA; OFKI•CC ANAGi ......................... • f'lit'!'!?rrl ,. ,. `,-t;,il:rv I-'r? ra e. 6 of 81 01994 Bankers Systersk Inc., St Claud. MN Form OCP-REMTG-PA 311112005 (of Ili' &f 938PG33g9 MID PENN BANK Making things happen for you. February 14, 2008 Mr. Calvin W. Williams III Mrs. Amy W. Williams 149 Locust Point Road Mechanicsburg, PA 17055 Re: Loan# 5131 Home equity line of credit Dear Cal and Amy: Attached is a document releasing Amy from liability on this note at your request. Please sign the note where indicated and have this form notarized for our files. Return the original to me then. If you have any questions, please feel free to contact me at 920-3569. Youly, Eric D. Mummau e President Business Banking Advisor Member FDIC Corporate Headquarters: 349 Union Street, Millersburg, PA 17061 • (717) 692-2133 • www.midpennbank.com PLAINTIFF'S ? EX IT AGREEMENT TO RELEASE ONE PARTY This agreement made this 21" day of February, 2008 between Mid Penn Bank, a Pennsylvania Business Corporation having its principal place of business at 349 Union Street, Millersburg Borough, Dauphin County, Pennsylvania; AND Calvin W. Williams III and Amy W. Williams, 149 Locust Point Road, Mechanicsburg in Cumberland County, Pennsylvania. WHEREAS, Mid Penn Bank has extended credit to Calvin W. Williams III and Amy W. Williams dated January 13, 2006, note 1 5131, having a present balance of $87,908.08. WHEREAS, Mid Penn Bank and Calvin W. Willams III, mutually agree to release Amy W. Willams from her liability on this loan, AND WHEREAS, Amy W. Williams agrees to be released from her obligation on loan #100005131, IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by an authorized officer of Mid Penn Bank and by Calvin W. Williams III and Amy W. Willams. MID M BAN c /( y FRi D .til U.wu'q t, Attest: vin Williams III Ardy W. Williams 11084tiI?Mt --- - MAk6 k6 . 0 !AN Na-n? eubix- ?p?yMsOMN ? fAI?OROiY'?r .VmCCr^^r w Commonwe of Pennsylvania County of L'C(I7?h,Yr/Q/iJG On thiso "? day of FEBRUARY, 2008, before me, the undersigned Notary Public, personally appeared CALVIN W. WILLIAMS, III AND AMY W. WILLIAMS, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within insmmcnt, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and 'fficial seal. 109MIM /1 Aor ' Oft m*Y My commission expires /o -/9 `o!? / RAC wOMI?i?114rpOi111*. ?? 20 Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 October 3, 2011 ACT 6 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. This Notice contains important legal information. If you have any questions, you may 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 ABOGADO. 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). 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. W PLAINTIFF'S E IT Borrower : Amy W. Williams A.K.A Amy W. Schmidt Collateral Address: 149 Locust Point Road Mechanicsburg, PA 17055 Loan account number: 5131 Original lender: Mid Penn Bank Current Lender/Servicer: Mid Penn Bank HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender in relation to your property located at 149 Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 ("Real Property") is seriously in default because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS. The following is now past due: June, 2011: $403.00 July, 2011: $803.00 August, 2011: $803.00 September, 2011 $803.00 Late Charges: $562.10 Attorney Fees/costs: $ 50.00 Other Charges: $ 0.00 Total Amount Due as of 10/3/2011 $3,424.10 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 $3,424.10 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: Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 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 any time up to one hour before the Sheriff's Sale. You mU do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified 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: Mid Penn Bank Address: 5500 Allentown Boulevard Harrisburg, PA 17112 Phone Number: (717) 939-8143 Fax Number: (717) 920-9599 Contact Person: Michelle Lugo EFFECT OF SHERIFF'S SALE: You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and 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. 0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ,Print Pagel of 2 Note 5131 - CALVIN W WILLIAMS III Rel Birthdate Phone Tax Identification [03] CALVIN W WILLIAMS III S ********** ********** ********** 149 LOCUST POINT RD MECHANICSBURG PA 17055 Tax Name: [3] CALVIN W WILLIAMS III Summary Principal Balance: $94,732.57 Interest Method: [1] 365/365 Payments P&I Interest Balance: $0.00 Current Payment Due Date: Jun 01, 2011 / Net Payoff: $96,001.65 Current Payment Due $403.00 Amount: Current Other Escrow $0.00 Date Last Payment: Jul 13, 2011 Balance: Current Late Charge Balance: $562.10 Amount Last Payment: $400.00 Current Other Escrow Interest $0.00 Current Days Past Due: 122 Balance: Lost Interest: $646.98 Total Amount Due: $4,177.10 Payments Scheduled: 24 Total Amount Past Due: $2,812.00 Payments Billed: 8 Payment Frequency: Monthly Payments Made: 3 Regular Payment Amount: $803.00 Times Extended: Current Rate Over: 7.7900% Times Renewed: 0 One Day's Interest: $20.2182 Times Past Due 1-29 Days: 7 Original Note Amount: $0.00 Times Past Due 30-59 Days: 3 Original Note Date: Jan 13, 2006 Times Past Due 60-89 Days: 1 Change Date: Feb 07, 2011 Times Past Due 90+ Days: 2 Maturity Date: Feb 01, 2013 Months To Maturity: 16.0 Date Accrued Through: Oct 02, 2011 Date Last Transaction Sep 16, 2011 Activity: Date Principal Paid To: May 01, 2011 Date Interest Paid To: Mar 28, 2011 Date Last Change: Aug 31, 2011 Date Last Updated: Sep 30, 2011 Collateral Addenda 1 Description: 149 LOCUST POINT RD Collateral Code: [1140] Residential Real MECHANICSBURG PA 170 Estate Responsibility Code: [408] Jared Leonard Address: (0) 157 S 32ND STREET Miscellaneous Code: [0] CAMP HILL PA 17011 Location Code: Status Change Date: Owner Occupied Code: [0] Collateral Status: Property Type Code: [0] Collateral Identification: Loan Reason Code: [0] Collateral Value: $0.00 UCC Original File Date: Lien Amount 1: $0.00 UCC File Number: Lien Amount 2: $0.00 Security Agreement Date: Jan 13, 2006 Lien Amount 3: $0.00 Maximum Credit Percent: 0.0000% Ineligible Amount: $0.00 Collateral Ceiling: $0.00 Purchase Price: $0.00 http:// 10.0.0.75/LAS _LAS 1151 /LAS 1151.ASPX?Action=QUICKPRINT&XMLGuid= AC... 10/3/2011 Print Date Last Appraised: Number of Units: Underwriting Ratio 1: .0 Underwriting Ratio 2: .0 Disposal Cost Percent: 0.0000% Market Pricing Code: [0] Balance Non-Accrual Non-Accrual Code: [2] Non-Accrual (Accrual = 0) Non-Accrual Late Charge Option: Date Non-Accrual: Aug 31, 2011 Non-Accrual Active Principal Balance: Non-Accrual Interest: $23,428.35 Net Payoff If Accrual: $96,001.65 Lost Interest: $646.98 Lost Interest 2011: $646.98 Beginning Non-Accrual $94,732.57 Principal Balance: Page 2 of 2 Do Not Allow Non Accrual Late Charges $94,732.57 http:// 10.0.0.75/LAS_LAS 1151 /LAS 1151.ASPX?Action=QUICKPRINT&XMLGuid=AC... 10/3/2011 Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 August 1, 2011 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) ma 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 serving your 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 INMEDTTAMENTE 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. Borrower : Calvin W. Williams, III Collateral Address: 149 Locust Point Road Mechanicsburg, PA 17055 Loan account number: 100005131 Original lender: Mid Penn Bank Current Lender/Servicer: Mid Penn 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, a IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND a 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. YOUSHOULD FILEA HEMAPAPPLICATIONASSOONASPOSSIBLE. IF YOUHAVEA MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMAR%DATE OF THISNOTICEAND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROM STAR TINGA FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORAR Y STA Y OF FORECLOSURE". YOU HAVE THE RIGHT TO FILEA HEMAPAPPLICATION EVENBEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUREACTION, BUT IF YOUR APPLICATIONIS 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 in relation to your property located at 149 Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 ("Real Property") is seriously in default because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS. The following months are now past due: June, 2011: $ 403.00 July, 2011: $ 803.00 Late Charges: $ 401.50 Attorney Fees/costs: $ 50.00 Other Charges: $ 0.00 Total Amount Due as of 8/1/2011 $1,657.50 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 $1,657.50 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: Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 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 any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as svecified 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: Mid Penn Bank Address: 5500 Allentown Boulevard Harrisburg, PA 17112 Phone Number: (717) 939-8143 Fax Number: (717) 920-9599 Contact Person: Michelle Lugo EFFECT OF SHERIFF'S SALE: You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and 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. ' r 0 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. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 1 CONSUMER CREDIT COUNSELING AGENCIES Adams County Adams County Interfaith Housing Authority (717) 334-1518 Berks County - Continued PA Interfaith Community Programs Inc. (610) 562-2288 American Red Cross - Hanover Chapter (717) 637-3768 CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 Opportunity Inc. (717) 424-3645 Berks County American Credit Counseling Institute (888) 212-6741 American Financial Counseling Services Inc. (267) 228-7903 (800) 490-3039 Budget Counseling Center (610) 375-7866 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 Community Action Committee (610) 691-5620 Neighborhood Housing Services of Reading (610) 372-8433 Schuylkill Community Action (570) 622-1995 Cumberland County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 Maranatha (717) 762-3285 PA Interfaith Community Programs Inc. (717) 334-1518 PHFA (717) 780-3940 (800) 342-2397 Dauphin County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 PHFA (717) 780-3940 (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 y ru , m o fi - nfn For deli er l y rma ln v it wv,, Postage $ ' Cued Fee _ - i ? Fee =R= C3 Q , (End red) 13 Reshided Delivery Fee (Endorsement Required) .? rl Total Postage 6 Fees ?-, Sent To M1 C3 "PO Box Ab. f' SSG-1?9cc?s Pvc;c.e' Rc?cccl cay, stare, nr+4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i° 'l Eu-OFD ?C Sheriff PRO rg O ? iV TA r.y Jody S Smith NQY zg AM 10: 1 Chief Deputy a r Richard W Stewart 'L)MBERLAND COU?jq` Solicitor PENNSYLVANIA Mid Penn Bank Case Number vs. Calvin W. Williams, III (et al.) 2011-8452 SHERIFF'S RETURN OF SERVICE 11/15/2011 04:14 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on November 15, 2011 at 1614 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Amy Williams, by making known unto herself personally, at 103 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. A 'A ? A?= LA_? GERALD WORTHINGTO EPUTY 11/21/2011 05:32 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 21, 2011 at 1732 hours, he served a true copy of the within Compl t Mortgage Foreclosure, upon the within named defendant, to wit: Calvin W. Willia ay y m king known unto himself personally, at 3315 Market Street, Camp Hill, Cumberland Cou ennsy vania 17011 its contents and at the same time handing to him personally the said true rrect opy of the same. SON, DEPUTY SHERIFF COST: $84.00 November 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF .?i Cou+-,`; 5',?Itn S^en+. t, ?'e.?cs !i: Ii=r. MID PENN BANK, PLAINTIFF V. CALVIN F. WILLIAMS, III AND AMY W WILLIAMS A/K/A AMY W. SCHMIDT, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 rri :Z7 3y l -,a rn : DOCKET No. 2011-8452 ?v Ln 71 C:; rC3 .CC3 COMPLAINT IN MORTGAGE FORECLOSU Q CD _n O3 • • ) > PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT PURSUANT TO Pa.R.C.P. 1037(b) To the Prothonotary: Please enter judgment by default in the above-captioned matter against Defendants Calvin F. Williams, III and Amy W. Williams a/k/a W. Schmidt and in favor of Plaintiff Mid Penn Bank, in the amount of $101,648.72 plus any additional interest, attorneys' fees, and costs authorized by the Note, which sum represents the amount due as set forth in the Complaint filed in this matter. Judgment by default is warranted based upon Defendant's failure to plead to the Complaint filed in this matter. Attached hereto is the ten-day Default Judgment Notice required by Pa.R.C.P. 237.1, along with a Certificate of Service evidencing service of the Notice upon the Defendant. Respectfully submitted, Date: /.Z j 3-1(11 SERRATELLI, SCHIFFMAN, & BROWN, P. C. I S vkn J. Schiffman, Esqui e J Pi S. Madden, Esquire Pa. ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 Attorneys for Plaintiff o?,?} ? ? t? . sb pd a sa ?µa(Oct u?s Nance rn? red SERRATELLI SCHIFFMAN & BROWN P.c. R December 13, 2011 VIA CERTIFIED MAIL & RETURN RECEIPT REQUESTED JENI S. MADDEN Calvin Williams tel 717.635.2920 149 Locust Point Road fax 717.635.2950 Mechanicsburg, PA 17055 jmadden@ ssBC-LAw, coM RE: MID PENN BANK V. CALVIN WILLIAMS AND AMY WILLIAMS A/K/A AMY SCHMIDT Docket No, 2011-8452 2090 LINGLESTOWN RD. STE 201 HARRISBURG, PA 1711o-9670 Dear Mr. Williams: tel 717.540.9170 Enclosed herewith is a Ten Day Notice that has been issued to you in fax 717.54054$1 regard to the above captioned matter. WWW.SSBC-LAW.COM Please be guided accordingly. Sincerely, SERRATELLI, SCHIFFMAN & BROWN, P.C. r"? no(?-->o i S. Madden, Esquire JSM/aea Enclosures cc: Amy Custer (w/encl.) MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CALVIN F. WILLIAMS, III AND AMY W. : DOCKET No. 2011-8452 WILLIAMS A/K/A AMY W. SCHMIDT, COMPLAINT IN MORTGAGE FORECLOSURE DEFENDANTS IMPORTANT NOTICE TO: Calvin F. Williams 149 Locust Point Road Mechanicsburg, PA 17055 DATE OF NOTICE: December 13, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. 1 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 REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, SERRATELLI, SCMFFMAN, & BROWN, P.C. A'-o'.&., J el S. Madden, Esquire. preme Court I.D. No. 209536 Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff, Mid Penn Bank 2 SL SERRATELLI SCHIFFMAN & BROWN P.C. ?'?B''? December 13, 2011 VIA CERTIFIED MAIL & RETURN RECEIPT REQUESTED JENI S. MADDEN Amy W Williams tel 717.635.2920 a/k/a Amy W. Schmidt fax 717.635.2950 103 E. Keller Street Mechanicsburg, PA 17055 jmadden@SSBG-LAW.G0M RE: MID PENN BANK V. CALVIN WILLIAMS AND AMY WILLIAMS 2080 LINGLESTOWN RD. STE 201 A/K/A AMY SCHMIDT HARRISBURG, PA 17110-9670 Docket No. 2011-8452 tel 717.540.9170 Dear Ms. Schmidt: fax 717.540.5481 WWW.SSBC-LAW.COM Enclosed herewith is a Ten Day Notice that has been issued to you in regard to the above captioned matter. Please be guided accordingly. Sincerely, SERRATELLI, SCHIFFMAN & BROWN, P.C. /'?7 n /461- S. Madden, Esquire JSM/aea Enclosures cc: Amy Custer (w/encl.) 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 REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN, P.C. Je ' Madden, Esquire S eme Court I.D. No. 209536 Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff, Mid Penn Bank 2 MID PENN BANK, PLAINTIFF V. CALVIN F. WILLIAMS, III AND AMY W WILLIAMS A/K/A AMY W. SCHMIDT, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :l : C. DOCKET No. 2011-8452 ?rn ?J COMPLAINT IN MORTGAGE FORECLOS[4! G ?G N 1 Cl1 .C' -r-, M -- d =-n AFFIDAVIT OF NON-MILITARY SERVICE. I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Calvin F. Williams, III is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank Date: By: n --- my Cus r Sworn to and subscribed before me this 2- 7 day of lict/??Pl ?. Notary Public al tary Pubjl :Middtle =Dauphin aNNSYLV uphin CoApril 9, , Perlhsvivania Association of Notaries MID PENN BANK, PLAINTIFF V. CALVIN F. WILLIAMS, III AND AMY W WILLIAMS A/K/A AMY W. SCHMIDT, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C7 a ; DOCKET No. 2011-8452 cn CC:) COMPLAINT IN MORTGAGE FORECLOSUap A p- ?r> AFFIDAVIT OF NON-MILITARY SERVICE I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Amy W. Williams a/k/a Amy W. Schmidt is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank Date: By: Atfy r t Sworn to and subscribed before me this 07 day Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jared M. Leonard, Notary Public Middle Paxton Twp., Dauphin County My Commission Expires Apri19,2014 Member, Pennsylvania Association of Notaries Steven J. Schiffman, Esq. Jem S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschi ffmankssbc-1 aw. com jmadden(a) ssbc-law. com MID PENN BANK, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF ; CALVIN F. WILLIAMS, III AND AMY W. WILLIAMS A/K/A AMY W. SCHMIDT, DEFENDANTS To: Calvin F. Williams, Defendant : DOCKET No. 2011-8452 : COMPLAINT IN MORTGAGE FORECLOSURE You are hereby notified that on • S , 2014, the following (9r-der) ,?Y\ (Peeree)(Judgment) has been entered against you in the above-captioned case. Judgment in the amount of $101,648.72 lus ad ' 'onal ccrued interest and few. Date: Prothon I hereby certify that the name and address of the proper person(s) to receive this notice is: Calvin F. Williams 149 Locust Point Road Mechanicsburg, PA 17055 A Calvin F. Williams, Defendant Por ests medio se le esta notificando que el del , 2011, el/la siguiente (Ofdef)(Deefete) (Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la siguiente direccion es la del defendido/a sgeun indicade en el certificado de residencia: Calvin F. Williams 149 Locust Point Road Mechanicsburg, PA 17055 Abogado del Demandante Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffinan@ssbc-law.com Lmadden(a-),ssbc-law. com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CALVIN F. WILLIAMS, III AND AMY W. : DOCKET NO. 2011-8452 WILLIAMS A/K/A AMY W. SCHMIDT, COMPLAINT IN MORTGAGE FORECLOSURE DEFENDANTS To: Amy W. Williams a/k/a Amy W. Schmidt You are hereby notified that on )af\ • S 201d-N- the following (9r-der-) (Deeree)(Judgment) has been entered against you in the above-captioned case. Judgment in the amount of $101,648.72 lus ad iona"ccru terest and } Date: c I hereby certify that the name and address of the proper person(s) to receive this notice is: Amy W. Williams a/k/a Amy W. Schmidt 103 E. Keller Street Mechanicsburg, PA 17055 A Amy W. Williams a/k/a Amy W. Schmidt, Defendant Prothonotary Por ests medio se le esta notificando que el del , 2011, el/la siguiente (r',.d°r'(T'°^r°*^' (Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la siguiente direccion es la del defendido/a sgeun indicade en el certificado de residencia: Amy W. Williams a/k/a Amy W. Schmidt 103 E. Keller Street Mechanicsburg, PA 17055 Abogado del Demandante