HomeMy WebLinkAbout12-0962z
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IN THE COURT OF COMMON PLEAS OF f !', Ci,11)r"+ Y
CUMBERLAND COUNTY, PENNSYLVANIA; n j? A'?' I + I : '2
METRO BANK f/k/a
Commerce Bank/Harrisburg, N.A.,
Plaintiff,
vs.
DROSOS KOSTOPOULOS,
Defendant.
TO: DEFENDANT(S)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
HEREOF OR A DEFAULT JUDGMENT
1 HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
3801 Paxton Streei
Harrisburg. PA 17111
AND THE DEFENDANT(S):
1445 Armitage Way
Mechanics urg, PA 17050
'?d?
AATTORNt INTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
1445 Armitage Way, Njechanicsburg, PA 17050
ATTAR FO LiTIFF
CIVIL DIVISION - t `r D i AND COUNTY
YLVANIA
NO.. U C? U 91 NO ?a
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Metro Bank f/k/a Commerce Bank/Harrisburg, N.A.
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Ralph M. Salvia, Esquire
Pa. I.D. #202946
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
ns
?'- X716
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL. THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK Pk/a CIVIL DIVISION
Commerce Bank/Harrisburg, N.A.,
Plaintiff,
vs.
DROSOS KOSTOPOULOS,
Defendant.
NO..
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim 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 INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg, N.A.,
Plaintiff, NO.:
vs.
DROSOS KOSTOPOULOS,
Defendant.
AVISO
LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg, N.A.,
Plaintiff, NO.:
vs.
DROSOS KOSTOPOULOS,
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Metro Bank Fk/a Commerce Bank/Harrisburg, N.A., by its attorneys,
James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as
follows:
The Plaintiff is Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., which has its
principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111.
2. The Defendant, Drosos Kostopoulos, is an adult individual whose last known
address is 1445 Armitage Way, Mechanicsburg, Pennsylvania 17050.
3. On or about January 15, 2004, Defendant executed a Balloon Note ("Note") in
favor of Plaintiff in the original principal amount of $324,556.00. A true and correct copy of
said Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about January 15, 2004, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $324,556.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on January 20, 2004 in Mortgage Book
Volume 1851, Page 3403. A true and correct copy of said Mortgage containing a description of
the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part
hereof.
5. Defendant is the record and real owner of the aforesaid mortgaged premises.
6. Defendant is in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or January 4, 2012, Defendant was mailed a Notice of Intention to Foreclose
Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq. A true and correct copy of
said Notice is marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendant is as follows:
Principal $ 282,427.53
Interest through 2-7-2012 $ 2,845.74
Late Charges $ 569.68
Escrow Balance ($ 970.32)
Attorney's Fees $ 1,300.00
Title Costs $ 410.00
TOTAL $ 286,582.63
plus interest on the principal sum ($282,427.53) from February 7, 2012, at the rate of $43.148650
per diem, plus additional late charges, and costs (including additional escrow advances),
additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $286,582.63, with interest thereon at the rate of $43.148650 per diem from February 7, 2012
plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure an4 ale of the mortgaged premises.
& CONNELLY LLP
Dated:
BY: LIZ _
Scott A. ietterick, Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D. #89705
Ralph M. Salvia, Esquire
PA I.D. #202946
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
?Ii'PE' ;Y CERTIFY THIS)
CF A TRUE AND CORRECT
COPY OF THE ORIGINAL
0 f ' BALLOON NOTE alb ' '-'-(Fixed Rate)
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE
OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE
THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER
ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER
YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT
MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED
WI-I'H A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.
January 15, 2004 CAMP HILL, PA
Mattel [City / State]
1445 Armitage Way, Mechanicsburg, PA 17050
[Property Address)
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $324,556.00 (this amount is called "Principal"), plus interest, to the order of
Lender. Lender is COMMERCE BANK/HARRISBURG N.A.. I will make all payments under this Note in the form of cash, check or money order.
I ?.;rt'erstand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments
under s, d Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of
5.5001,,, The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in Section 616) of this Note.
3. PAYMENTS
(A) i ime and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on March 1, 2004. 1 will make these payments every month until
I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will
be apolh.d as of its scheduled due date and will be applied to interest before Principal. If, on February 1, 2014, 1 still owe amounts under this
Note, I z,ill pay those amounts in full on that date, which is called the "Maturity Date."
I v;dl make my monthly payments at COMMERCE BANK!HARRISBURG N.A., RESIDENTIAL MORTGAGE, 100 SENATE AVENUE, CAMP
HILL, PA 1 7011 or at a different place if required by the Note Holder.
(B) ',mount of Monthly Payments
My rwrithly payment will be in the amount Of U.S. $1,842.79.
BORROWER'S RIGHT TO PREPAY
I hove the right to make payments of Principal at any time before they are due. A Payment of Principal only is known as a "Prepayment."
When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if have
not made all the monthly payments due under the Note.
I miry make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use all of my Prepayments
to reduc? the amount of principal that 1 owe under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid
interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment,
there wi; be no changes in the due date of my monthly payment unless the Note Holder agrees in writing to those changes.
5. l A CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges
collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the
amoun' r,,ressary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be
refundec to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment o me. It a refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If th! Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I vjill
pay a latt charge to the Note Holder. The amount of the charge will be 5.00040 of my overdue payment of principal and interest. I will pay this
late thane promptly but only once on each late payment.
(8) Default
If I W not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
It I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the
Note Homer may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe On that
amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Eve., if, at a time when I am in default, the Note.. Holder does tint require me to pay immediately in full as described above, the Note Holder
wT still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
MULTISTATE BALLOON FIXED RATE NOTE--Single f-amily--FANNIE MAE UNIFORM INSTRUMENT
Furrn 3260 1101
Page 1 of 2
if the Note Holder has required me to -i immediately in full as described above, the Note Helder will have the right to be paid back by me
for ail of its costs and expenses in enfor( this Note to the extent not prohibited by appl'rce aw. Those expenses include, for example,
reasonable attorneys' fees.
7. GIVING OF NOTICES
Unlesx applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by
mailing it I,y first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different
address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the
address stated in Section 31A) above or at a different address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these
things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated
to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against
all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means
the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to
give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under
this Note, a Mortgage, Deed of Trust, or Security Deed Ithe "Security Instrument"),. dated the same date as this Note, protects the Note Holder
from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under
what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as
follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or
beneficial nterest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
if all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial
interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.
If Borrowe- fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without fu•ther notice or demand on Borrower.
WITNESS THE HAND(SI AND SEAL(S) OF THE UNDERSIGNED
ISeal)
/
Social Security Number - 148-66-0693
(Sign Original Only]
rasos Kostopoulos - Borrower
D
MULTISTATE BALLOON FIXED RATE NOTE--Single Family--FANNIE MAE UNIFORM INSTRUMENT Form 3260 1101
Page 2 of 2
EXHIBIT "B"
WHEN RECORDED MAIL TO:
COMMERCE BANK/HARRISBURG N.A.
RESIDENTIAL MORTGAGE
100 SENATE AVENUE
CAMP HILL, PA 17011
SEND TAX NOTICES TO:
COMMERCE BANK/HARRISBURG N.A.
RESIDENTIAL MORTGAGE
100 SENATE AVENUE
CAMP HILL. PA 17011
T P. ZIEuLER
DEEDS
LAND 00UINT
19 J'N 20 fln 11 241
[Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain
rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated January 15, 2004, together with all Riders to this document.
(B) "Borrower" is Drosos Kostopoulos. Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is COMMERCE BANK/HARRISBURG N.A. Lender is a Corporation organized and existing under the laws of the United States of
America. Lender's address is RESIDENTIAL MORTGAGE, 100 SENATE AVENUE, CAMP HILL, PA 17011. Lender is the mortgagee under this
Security Instrument.
ID) "Note" means the promissory note signed by Borrower and dated January 15, 2004. The Note states that Borrower owes Lender Three
Hundred Twenty-four Thousand Five Hundred Fifty-six & 00/100 Dollars (U.S. $324,556.00) plus interest. Borrower has promised to pay this
debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2014.
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums
due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower
[check box as applicable]:
Adjustable Rate Rider Condominium Rider Second Home Rider
® Balloon Rider ®Planned Unit Development Rider Other(s) 'specify]
1-4 Family Rider a Biweekly Payment Rider
IH) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and
orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on
Borrower or the Property by a condominium association, homeowners association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument,
which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a
financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than
insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or IN) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under
Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 at seq.) and its implementing regulation, Regulation X (24
C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same
subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed
Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: Ill the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii)
the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby
mortgage, grant and convey to Lender, the following described property located in the County of Cumberland:
Real Property tax identification number is 10 - [')- 1Z 6 E.- [8 7
ALL THAT CERTAIN tract of land and Improvements situate in Hampden Township, Cumberland County, Pennsylvania, more
particularly bounded and described in Exhibit " " attached hereto.
which currently has the address of 1445 Armitage Way, Mechanicsburg, Pennsylvania 17050 ("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or
hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is
referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey
the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title
to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Page 1 of 6
Form 3039 1/01
BK 185 1 (133 1lu ','I
jurisdiction to constitute a uniform security it ment covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall ako pay
funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U. ' currency.
However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender
unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the
following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided
any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be
designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment
or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is
not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due
date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the
Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If
not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender
shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section
3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first
to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge
due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may
apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may
be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone
the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in
full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over
this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to
Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish
to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or
all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and
where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall
furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such
payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the
phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower
shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any
time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts,
that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under
RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the
basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if
Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items
no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required
to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance
with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain
priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and
Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the
payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b)
contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder
of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the
Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this
Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in
connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by
fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for
which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing
the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each
time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible
for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and
Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover
Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance
coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the
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Note rate from the date of disbursement at .tall be payable, with such interest, upon notice fi... Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall
include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold
the p,!icies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. If'Sor*ower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property,
such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying
insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such
inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other
third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration
oi? repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the
order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower
does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and
settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid
by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,
whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the
execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property,
allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain
the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion
of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the
interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities
acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or
statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants
and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the
Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned
the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under
this Security Instrument, including protecting and1or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing
in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its
secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and
have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty
or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument.
These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the
Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums
required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be
available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the
Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in
effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,
Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased
to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss
reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower
any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the
amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender
requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement
for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the
Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the
Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other
parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage
insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any
source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any
of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized asl a portion of Borrower's payments
for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often
termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the
Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any
refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners
Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of
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the Mortgage Insurance, to have the Mort. a Insurance terminated automatically, and/or to eive a refund of any Mortgage Insurance
premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair
is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right *o hold such
Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single
disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous
Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately
before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured t,y
this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount
of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately
before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next
sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured
by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or
the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in
forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can
cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed
with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's
interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section
2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the
sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release
the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in
exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations
and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a
"co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender
and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security
Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower
shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing.
The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns
of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of
protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property
inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by
this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by
the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a
direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to
Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to
Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when
actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a
procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by
delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to
Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by
Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and
limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such
silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the
feminine gender; IN words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without
any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or
beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial
interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101
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If Borrower fails to pay these sums prior to , expiration of this period, Lender may invoke any nedies permitted by this Security Instrument
without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any
power of sale contained in this Security Instrument; (bl such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums
which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other
covenants or agreements; (cl pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights
under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a)
cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an
institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by
Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security
Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan
Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer
unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state
the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a
class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period
after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can
be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the
notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous
substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and
(d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any
Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or
regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value
of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other
remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or
agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall
notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d)
that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial
proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not
cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further
demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing
the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall
terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any
recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for
services rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this
Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption
from attachment, levy and sale, and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of
bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,
this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of
mortgage foreclosure shall be the rate payable from time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider
executed by Borrower and recorded with it.
Witnesses:
(Seal)
/15rosos Kostopoulos -Borrower
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101
Page 5 of 6
8 185 1 rG3407
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows:
RESIDENTIAL MORTGAGE, 100 SENATE AVENUE, CAMP HILL, PA 17011
j
eY or Agent for Mortgagee
Below This Line For Aoknowledgmentl
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA I
-?
ISS
COUNTY OF I ?,,?
On this, the l day of' 20 v?` , before rn
povenl to be the person whose the undersigned
tied to the ry P hc, personally appeared rosos Kostopoul , know tc me (or sfactoril
within instrument, and acknowledged that he or she executed the same for the
purposes therein contained.
In witness whereof, I hereunto set my hand and official seal. / l
g Notary Public i and r e St of
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1101
Page 6 of 6
i ?; P__"408
EXHIBIT "C"
METRO
BANK
January 4, 2012
380 i Pax-oil S'1 eet .°)C. .? 177 11 rnymet;obank com
VIA REGULAR AND
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
DROSOS KOSTOPOULOS
1445 ARMITAGE WAY
MECHANICSBURG PA 17050
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at
1445 ARMITAGE WA Y,MECHANICSBURG, IS IN SERIOUS DEFAULT because you have not
made the monthly payments of $2,524.70 for the months of December and January. Late charges and
other charges have also accrued to this date in the amount of $477.54. The total amount now required to
cure this default, or in other words, get caught up in your payments, as of the date of this letter, is
$5,526.94. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to
us the above amount of $5,526.94, plus any additional monthly payments and late charges which may
fall due during this period. Such payment must be made either by cash, cashier's check, certified check
or money order, and made at
Metro Bank
3801 Paxton Street
P.O. Box 4999
Harrisburg, PA 17111-0999
Attn: Kelly Williams
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed
will be considered due immediately and you may lose the chance to pay off the original mortgage in
monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS,
we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the
mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt.
If we refer your case to our attorneys, but you cure the default before they begin legal proceedings
against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees
even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also
include our reasonable costs. If you cure the default within the thirty day period, you will not be required
to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under
the mortgage.
If you have not cured the default within the thirty 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 Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments
plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected
with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that
the earliest date that such a Sheriffs sale could be held would be approximately 6 months. A notice of
the date of the Sheriff 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 will be by contacting the following: Kelly Williams, Consumer Collections Specialist, 717-
412-6893. This payment must be in cash, cashier's check, certified check or money order and made
payable to us at the address stated above.
You should realize that a Sheriffs sale will end your ownership of the mortgaged property and
your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could
be started to evict you.
You have additional rights to help protect your interest in the property. YOU 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. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO
THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO
DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE
RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in any
calendar year.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg, N.A.,
Plaintiff, NO.:
Vs.
DROSOSKOSTOPOULOS,
Defendant.
VERIFICATION
I, John T. Robertson, Vice President of Metro Bank depose and say subject to the
penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts
set forth in the foregoing pleading are true and correct to the best of my information, knowledge
and belief.
c-?
hn T. Robertson, Vice President
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson L j - %
Sheriff 0TH0Nr? t. c, ?..
q Gt Lq[II?b .. p d-1 c
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SFr . E ' -? ..._,?IFF
2012 FEB 2? AM 8: 29,
CUMBERLAND COUNTY
PENNSYLVANIA
Metro Bank
vs.
Drossos Kostopoulos
Case Number
2012-962
SHERIFF'S RETURN OF SERVICE
02/16/2012 10:51 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on
February 16, 2012 at 1051 hours, he served a true copy of the within Complaint in Mortgage Foreclosure,
upon the within named defendant, to wit: Drossos Kostopoulos, by making known unto Olga Zinchuck,
adult in charge at 1445 Armitage Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 its
contents and at the same time handing to her personally the said true and correct copy of the same.
RONALD HOOVER, DEP
SHERIFF COST: $38.00
February 23, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a Commerce Bank/
Harrisburg, N.A.
Plaintiff
: No. 2012-962 Civil
Civil Division
V.
DROSOS KOSTOPOULOS
Defendant
Mortgage Foreclosure
ANSWER TO COMPLAINT
IN MORTGAGE FORECLOSURE
i- LED-OFFICE
PROTHONOTAR
L 2 A, 13 AM 11: 4 0
C' `11BERLAND COUNTY
PENNSYLVANIA
The Answer of Drosos Kostopoulos ("Defendant") to the Complaint in Mortgage
Foreclosure of Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. (the "Bank") is as
follows:
1. Admitted, upon information and belief.
2. Admitted.
3. The allegations of paragraph 3 refer to a writing which constitutes the best
evidence of the contents thereof. It is admitted that a Note was executed.
4. The allegations of paragraph 4 refer to a writing which provides the best
evidence of the contents thereof. It is admitted that a mortgage was granted by Defendant
to the Bank.
5. Admitted.
6. The allegations ofparagraph 6 state a conclusion of law to which no responsive
pleading is required. By way of further answer, the Defendant states that at all times he has
stood ready to make payments of principal and interest when due. Further, the obligation in
question may have become owed in full because of the passage of time.. The Defendant
believes and therefore alleges, however, that at various times he was informed that the Note
in question would be extended by the Bank, however, no extension of such Note has
occurred.
7. The allegations of paragraph 7 refer to a writing which constitutes the best
evidence thereof. It is admitted that a Notice of Intention to Foreclose was sent to the
Defendant.
8. After reasonable investigation, the Defendant is without information in
sufficient form to believe the truth of the allegations of paragraph 8 of the Complaint and
proof thereof is required at the trial of this matter. Furthermore, Defendants specifically deny
the amount set forth for late charges and attorney fees as Plaintiff has not set forth how such
fees were calculated nor has Plaintiff established that such fees are fair and reasonable under
the circumstances. Additionally, it is believed, and therefore averred, that such fees and costs
are not reasonably related to the difficulty or extent of work necessary to complete the
litigation initiated in this matter, and strict proof thereof is demanded, if relevant, at the time
of trial.
WHEREFORE, it is respectfully requested that this Honorable Court enter a
judgment in favor of Defendant, dismiss the Complaint with prejudice and award the
Defendant such other and further relief as is just and proper.
Respectfully submitted:
CUNNINGHAM & CHERNICOFF, P.C.
By:
Robert E. Chernicoff, Esquire
Attorney I.D. No. 23380
Nicholas A. Fanelli, Esquire
Attorney I.D. No. 308136
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Date: March 12, 2012 (717) 238-6570
VERIFICATION
I, Drosos Kostopoulos, verify that the statements made in the foregoing document are
true and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to authorities.
CERTIFICATE OF SERVICE
AND NOW, this 12 day of March, 2012, I hereby certify that the within document
was served on the individual listed below via United States First Class Mail, addressed as
follows:
Scott A. Dietterick, Esquire
Kimberly A. Bonner, Esquire
Ralph M. Salvia, Esquire
P.O. Box 650
Hershey, PA 17033
r
anne M. Bartley
Assistant to Robert E. Chernicoff, Esquire
FA11ome\SJO`:D0CS\K0ST0UP01-IS DR0S0S\2012\P1eadings\Answer re Metro Bank.wpd
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a
Commerce Bank/Harrisburg, N.A.,
Plaintiff,
VS.
DROSOSKOSTOPOULOS,
Defendant.
CIVIL DIVISION
: 2012-962 CIVIL
NO
.
_4
t ?
F3
Cat
MOTION FOR SUMMARY JUDGMENT PURSUANT TO Pa.R.C.P. 1035.2 AGAINST
DEFENDANT DROSOS KOSTOPOULOS
Metro Bank ("Plaintiff'), by its attorneys, James, Smith Dietterick & Connelly, LLP,
files the following Motion for Summary Judgment Pursuant to Pa. R.C.P. 1035.2:
1. Plaintiff commenced the above-captioned action by filing a Complaint in
Mortgage Foreclosure on or about February 14, 2012. In its Complaint, Plaintiff alleges that
Defendant Drosos Kostopoulos is in default under the terms of a Note, dated January 15, 2004,
in favor of Plaintiff in the original principal amount of $324,556.00 ("Note") and a Mortgage
securing said Note on real property and improvements thereon commonly known as 1445
Armitage Way, Mechanicsburg, PA 17050 ("Premises").
2. Defendant, Drosos Kostopoulos filed an Answer to Plaintiff's Complaint on or
about March 12, 2012.
3. Pennsylvania Rule of Civil Procedure 1029 (b) states "[a]verments in a pleading
to which a responsive pleading is required are admitted when not denied specifically or by
necessary implication. A general denial or a demand for proof... shall have the effect of an
admission."
4. In his Answer, Defendant generally denies his default as a conclusion of law.
Furthermore, Defendant curiously states that he has stood ready to make payments of principal
and interest when due (Answer at ¶ 6).
5. In his Answer, Defendant generally denies the amount due and owing to the
Plaintiff, by claiming to be without information in sufficient form to believe the truth of the
allegations (Answer at ¶ 8).
6. Defendant has not offered any proof in support of these denials.
7. By virtue of Defendant's general denial of default for failure to make scheduled
payments of principal and interest when due as a conclusion of law, Defendant has failed to raise
any issue of material fact.
8. To further support the averments in its Complaint, Plaintiff has filed a sworn
affidavit, which is attached hereto as Exhibit "A" and incorporated by reference. In the
Affidavit, an authorized representative of the Plaintiff certifies that the Defendant is in default
under the terms of the Note and Mortgage, and further certifies the amount due and owing
Plaintiff. The testimony is based on the Loan History Report, a business record of Plaintiff
maintained in the normal course of business.
9. According to the Loan History Report, the amount due and owing by Defendant
to Plaintiff is as follows:
Principal $ 282,427.53
Interest through 03/13/2012 $ 4,399.09
Attorney's Fees $ 2,600.00
Late Charges $ 661.82
Satisfaction Fee $ 50.50
Title Costs $ 410.00
TOTAL $ 290,548.94
plus interest on the principal sum ($282,427.53) from March 14, 2012, at the rate of $43.15 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the Mortgaged Premises.
10. Defendant has failed to raise a genuine issue of material fact in their Answer and
New Matter and has effectively admitted all material allegations against him, therefore, pursuant
to Pa.R.C.P. 103 5.2, Plaintiff is entitled to summary judgment as a matter of law.
WHEREFORE, pursuant to Pa.R.C.P. 1035.2, Plaintiff respectfully requests this
Honorable Court grant its Motion for Summary Judgment and enter Judgment in Mortgage
Foreclosure in its favor and against Defendant Drosos Kostopoulos in the total amount of
$290,548.94 plus interest, additional late charges, attorneys' fees and costs, and for foreclosure
and sale of the Mortgaged Premises.
Respectfully submitted,
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
By: -?Scott A. Dietterick, Esquire
Pa. I.D. # 55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Ralph M. Salvia, Esquire
Pa. I.D. #202946
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg, N.A.,
Plaintiff, NO.: 12-962
vs.
DROSOS KOSTOPOULOS,
Defendant.
AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
I, John T. Robertson, for Metro Bank, f/k/a Commerce Bank/Harrisburg NA, being first
duly sworn, say of my own personal knowledge that:
1. I am the Vice President and a duly authorized representative of Plaintiff in the
above-captioned action.
2. This action is brought to foreclose on a Mortgage, which Mortgage secured a Note
dated January 15, 2004, executed by Defendant in favor of Plaintiff, in the original principal
amount of $324,556.00 ("Note").
3. As security for payment of the aforesaid Note, Defendant executed a Mortgage,
dated of even date, in the original principal amount of $324,556.00. A true and correct copy of said
Mortgage is attached as Exhibit "B" to Plaintiff s Complaint in Mortgage Foreclosure.
4. The aforesaid Note and Mortgage are neither insured by the Department of Housing
and Urban Development nor subject to the requirements of the FHA Mortgage Insurance Program
under the National Housing Act.
5. The Loan History, with regard to the loan upon which judgment is requested
against the Defendant ("Loan History") is a record of Plaintiff maintained in the regular course of
business reflecting all payments made on the account, along with the corresponding balance, and
accurately reflects the amount due and owing by Defendant. The Loan History reflects that
Defendants' mortgage with Plaintiff is three months delinquent as of March 13, 2012 and it is due
for the January 1, 2012 payment.
6. By reason of the foregoing facts, and after allowing Defendant all proper deductions,
credits, and set-offs, the following is due and owing by Defendant to Plaintiff, which is computed
as follows:
Principal
Interest through 3/13/12
Late Charges
F,Sef&u-Sal? c_4_ti.13fCtC,{-'i0n
Attorney's Fees ff C
Title Costs
$ 282,427.53
$ '3
$ Ste. s c>
$ 2,600.00
$ 410.00
TOTAL
plus interest on the principal sum ($282,427.53) from March 13, 2012, at the rate of $43.148650
per diem, plus additional late charges, and costs (including additional escrow advances),
additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
-Ify: f!n17- Robertson- Vice President
SWORN TO AND SUBSCRIBED BEFORE
ME THIS DAY OF lA_ , 20,?Z
? ?-'-NOTAR PUBLIC
MY COMMISSION EXPIRES:
COMMONWEALTH OIL PENNSYLVANIA
Notarial Seal
Jessica Ann Hamilton, Notary Public
Swatara Twp., Dauphin County
My Commission Bores tan. 28, 2014
Member, Pennsvivania Association of Notaries
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg, N.A.,
Plaintiff,
VS.
DROSOS KOSTOPOULOS,
Defendant.
NO.: 2012-962 CIVIL
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the Motion For Summary
Judgment was served on the following this D1PI day of March, 2012, via First Class U.S. Mail,
Postage Pre-Paid:
Nicholas Fanelli, Esquire
P.O. Box 60457
Harrisburg, PA 17106-0457
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
i?)4 & -
Scott A. Dietterick, Esquire
Pa. ID # 55650
Kimberly A. Bonner, Esquire
Pa. ID # 89705
Ralph M. Salvia, Esquire
Pa. ID #202946
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Robert E. Chernicoff, Esquire
PA Supreme Court ID #23380
Nicholas A. Fanelli, Esquire
PA Supreme Court ID# 308136
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a Commerce Bank/ : No. 2012-962 Civil
Harrisburg, N.A.
Plaintiff
f;
Civil Division ` 17)
-7 7
DROSOS KOSTOPOULOS
Defendant : Mortgage Foreclosure E
DEFENDANTS' ANSWER TO PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT PURSUANT TO Pa.R.C.P. 1035.2
NOW COMES the Defendant, Drosos Kostopoulos, by and through his attorneys,
Cunningham & Chernicoff, P.C., and state as his Answer to Plaintiff's Motion for Summary
Judgment (the "Motion") the following:
1. Admitted.
2. Admitted.
3. The averments of this paragraph are statements of law and/or legal conclusions to
which Defendants are not obligated to respond. Without waiving the foregoing, Defendants
admit the contents of Pennsylvania Rule of Civil Procedure 1029(b).
4. Denied. Defendants deny the characterization of their Answer as a containing general
averments of default. To the contrary, as noted in the Motion, Defendant asserted in its Answer
that, inter alia, that it has stood ready and willing to make payments that Plaintiff has refused to
accept, and that Defendant was informed on occasions that the term of the note underlying the
mortgage that is the subject of this action would be extended. Thus, Defendant adequately
denied Plaintiff s averment of a default on the promissory note. Without waiving the foregoing,
the existence of a default under a note is a legal conclusion to which no response was required.
5. The averments of this paragraph are legal conclusions to which no response is
necessary. Without waiving the foregoing, Defendant specifically denies that its answer in
paragraph 8 constitutes a general denial. At the time of the answer, Defendant was without
knowledge to form a belief as to the amounts owed for interest, attorney's fees, late charges, and
other costs asserted by the corresponding paragraph of Plaintiff s Complaint.
6. Denied as stated. It is admitted that Defendant has not offered proof in support of its
allegations. However, Defendant denies the implication that such has been wrongful. Plaintiff
has not sought, through means of written discovery or deposition testimony, the evidence
underlying Defendant's averments.
7. The averments of this paragraph are legal conclusions to which no response is
necessary. Without waiving the foregoing, Defendant specifically denies that there exist no
genuine issues of material fact. Further, Defendant incorporates paragraph 4 herein.
8. Defendant admits that paragraph 8 of the Motion incorporates by reference the
Affidavit of a purported authorized representative of Plaintiff. The remaining averments of this
paragraph are denied. It is specifically denied that the Affidavit is sufficient at law to warrant
any ruling in favor of Plaintiff s Motion.
9. Defendant is without knowledge or information sufficient to form a belief as to the
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accuracy of the purported Loan History Report (which Plaintiff does not attach to the Motion)
and therefore specifically denies the accuracy thereof. By way of further reply, Plaintiff has not
established that the attorney's fees sought in this matter are fair and reasonable considering the
degree of difficulty associated with this matter.
9. The averments of this paragraph constitute conclusions of law to which no response is
required; if, and to the extent a response is judicially deemed to be required, Defendants
specifically deny that Plaintiff is entitled to judgment pursuant to Pa.R.C.P. 1035.2.
WHEREFORE, Defendant, Drosos Kostopoulos, respectfully requests that this
Honorable Court deny Plaintiff's Motion for Summary Judgment and grant Defendants such
other relief as may be just and proper.
Date: d?
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
By:
Ro E. Ch nicoff, Esquire
PA ID No: 23380
Nicholas A. Fanelli, Esquire
PA ID No: 308136
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a Commerce Bank/ : No. 2012-962 Civil
Harrisburg, N.A.
Plaintiff
Civil Division
V.
DROSOS KOSTOPOULOS
Defendant : Mortgage Foreclosure
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff,
P.C., certify a true and correct copy of the DEFENDANTS' ANSWER TO PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT PURSUANT TO Pa.R.C.P. 1035.2 will be served
by first class U.S. Mail and/or electronic means on the following:
Ralph M. Salvia
P.O. Box 650
Hershey, PA 17033
CUNNINGHAM & CHERNICOFF, P.C.
Date: - U -1. B
-- Y•
Julieanne Ametrano
FlIonle\NFANEI,LI\Doeuments\Kostopoulos, Drosos\Metro Bank\Answer to Motjon f r Summary Judgment.wpd
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