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HomeMy WebLinkAbout12-1343f i WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry, III ? Identification No.: 306954 The Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN H. RAKOCY 3 Grant Street Enola, PA 17026 C s na <> r-: s Ica ? ?.,c? Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. / a- 1343 0"'VaTeirm NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with this court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 0 4103.'75 PP Aml #a3?3 0 & 7/7c29 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: 717-249-3166 FAX: 717-249-2663 TOLL FREE (IN PA): 1-800-990-9108 AVISO PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: 717-249-3166 FAX: 717-249-2663 TOLL FREE (IN PA): 1-800-990-9108 0 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 1710 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCY 3 Grant Street Enola, PA 17025 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., by and through its attorneys, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, and files this Complaint in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff is a banking institution with an address as listed above. Plaintiff was formerly operating as Commerce Bank/Harrisburg, N.A. and is currently known as Metro Bank. 2. Defendant is the individual named above residing at the address listed above. Defendant is the executor of the Estate of John J. Rakocy, the deceased mortgagor and owner of the subject property. 1 s VENUE 3. Venue is proper in Cumberland County under Pa. R.Civ. P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which secures the loan made by Plaintiff to John J. Rakocy is located. FACTS 4. On or about November 30, 2009, Plaintiff loaned John J. Rakocy the principal sum of $80,000.00 with interest in accordance with the terms and conditions of a certain Promissory Note of November 30, 2009, executed by John J. Rakocy in favor of Plaintiff (the "Note"). A true and correct copy of the Note is attached hereto as :Exhibit 1. 5. The Note is secured by a Mortgage executed by John J. Rakocy in favor of Plaintiff (the "Mortgage") granting Plaintiff a mortgage lien on real estate located at 539 Magaro Road, Enola, PA 17025, Parcel ID No.: 09-15-1290-096 (the "Property"). The Mortgage was recorded on December 7, 2009 with the Cumberland County Recorder of Deeds; Instrument No.: 200940720. A true and correct copy of the Mortgage is attached hereto as Exhibit 2. 6. Upon information and belief, the Property consists of a residential dwelling. 7. John J. Rakocy was the owner of the Property until the time of his death. 8. On July 19, 2011, John J. Rakocy died and David A. Rakocy was thereafter appointed executor of his estate. See Exhibit 3 attached hereto. 9. Plaintiff is the holder of the Note and Mortgage and there have been no assignments of the Note and Mortgage. 2 10. As a result of the failure to make payments due under the Note since January 1, 2012 and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are immediately due and payable, comprised as follows: Principal Balance Due: $ 78,447.15 Interest Due through February 22, 2012: $ 1,279.23 Late Charges: $ 109.16 Attorney's Fees: $ 3,986.32 Costs of Suit and Title Search: $ 500.00 Total Sum Due $ 84,321.86 Interest accrues on the Note from and after February 23, 2012, at the per diem rate of $15.80. 11. The attorneys' fees set forth above are in conformity with the mortgage documents and/or Pennsylvania law and will be collected in the event of a third-party purchaser at Sheriff s Sale. If the mortgage is reinstated prior to sale, reasonable attorneys' fees will be charged based on work actually performed. 12. Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et s.., and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, F.L. 395, No. 91, 35 P.S. §1680.401(c) et s.., have been complied with or are not applicable. WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the 3 property against Defendant in the amounts and with the per diem interest set forth in paragraph 10 above, together with interest at the rate set forth in the Note from the date of judgment, and other damages and relief as the court may deem just. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Dated: February 27, 2012 4 EXHIBIT I ....v ..v 01- unn 1 v 1 F-Icninvvn I M I ALAW,-A Mt3Lt IN I tHG51 HA I E CAN CHANGE ATANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. NOVEMBER 30, 2009 Harrisburg, PENNSYLVANIA [Date] [City] [State] 539 MAGARO ROAD, Enala, PA 17025 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that i have received, I promise to pay U.S. $80,000.00 (this amount is called "Principal'), plus interest, to the order of Lender. Lender Is METRO BANK, A STATE CHARTRRaD BANX. I will make all payments under this Note In the form of cash, check or money order. I understand that Lender may transfer this Note. Fender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note Is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay Interest at a yearly rate of 7.250%. The Interest rate I will pay may change in accordance with Section 4 of this Note. The Interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and Interest by making a payment every month. I will make my monthly payments on the 10T day of each month beginning on FEBRUARY 1, 2010. 1 will make these payments every month until I have paid all of the principal and Interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of Its scheduled due date and will be applied to Interest before Principal. If, on JANUARY 1, 2040, 1 still owe amounts under this Note, 1 will pay those amounts in full on that date, which Is called the "Maturity Date." I will make my monthly payments at 3801 PAXTON STREET HARRISBURG, PA 17111 or at a different place if required by the Note Holier. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $545.74. This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes In the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new Interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable Interest rate on the 1ST day of JANUARY, 2015 and the adjustable Interest rate I will pay may change on that day every 12TH month thereafter. The date on which my Initial fixed interest rate changes to an adjustable interestrate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with thefirstChange Date, my adjustable Interest rate will be based on an Index. The "Index" Is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date Is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that Is based upon comparable Information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding THREE AND THRE$-FOURTHS percentage point(s) ( 3.750% ) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.12596). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holderwill then determine the amount ofthe monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The Interest rate I am required to pay at the first Change Date will not be greater than 9.2508 or less than 5.250%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than Two percentage point(s) ( 2.000% - ) from the rate of interest I have been paying for the preceding 12 month (s). My Interest rate will never be greater than 13.250%. ri A O The Note Holder will deliver or mail to me a notice of any changes in my Initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by taw to be given to me and also the title and telephone number of a person who will answer any question i may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the rightto 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,) may not designate a payment as a Prepayment 01 have not made all the monthly payments due under this Note. 1 may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthlypsyments unless the Note Holder agrees in writing tothosechanges. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 8. LOAN CHARGES if a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal i owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments if the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, i will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date It Is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that If I do not pay the overdue amount by a certain date, the Note Holder may require me to pay Immediately thefull amount of Principal thathas not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even it, at a time when I am In default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am In default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of Its costs and expenses In enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing It by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing It by first class mall to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE It 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 promiseto pay thefull amount owed. Any person who is a guarantor, surety orendorser 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. 10. 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. i1. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep tjie promises ,.._._. ....M...y ..? a cas?i.s??vtgs nnQros? in isorrowor. 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 ortransferred) without Lender's priorwritten consent, Lender may require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section 1 i (A) above shall then cease to be In effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Transfer of the Property or a Benof alai 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 ortransferred) without Lender's priorwritten 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. Lender also shall not exercisethis option If: (a) Borrower causes to be submitted to Lender Information required by Lenderto evaluate the Intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement In this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made In the Note and In this Security Instrument. Borrower will continue to be obligated under the Note and, this Security Instrument unless Lender releases Borrower in writing. tf Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrowerfalls to paythese sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (seal) J. [Sion Ortalnel Onivl . ..w • •v?a..vaovicr 1\p&G 1V1V1Lw4t!jc k/'1mvi) pruyram you are considering. Information on other ARM programs we offer will be provided upon request. GENERAL DESCRIPTION OF ADJUSTABLE RATE MORTGAGE LOANS This is not a contract document, and should not be used to interpret any provisions of your Note or Deed of Trust, Mortgage or Security Deed (the Security Instrument). You will be bound by the provisions of your Note and Security Instrument and should become familiar with and understand these documents before signing them. If Metro Bank agrees to make you a loan; your obligations will be established by your Note and Security Instrument. • The interest rate, payment or term on your loan can change. HOW YOUR INTEREST RATE AND PAYMENT ARE DETERMINED • Your interest rate will be based on an index plus a margin, rounded to the nearest 1/8 percent (0.125%). Please ask us for our current interest rate and margin. • Your initial interest rate will not be based on the index used to make later adjustments. If your initial interest rate is less that the sum of the margin plus the index in effect at the time your interest rate is determined, the loan is described as "discounted". Ask us for the amount by which our ARMs are currently discounted. • The index rate for this program is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. Index values are published weekly in The Wall Street Journal. If this index is no longer published or is otherwise unavailable at any change date, the Note Holder will choose a new index rate based on comparable information and will give you notice of this choice. • When your interest rate adjusts, your principal and interest payment will be based on the new interest rate, loan balance and remaining loan term. The new payment will be an amount sufficient to repay the loan balance at the new interest rate in substantially equal payments over the remaining loan term. HOW YOUR INTEREST RATE CAN CHANGE • Your monthly principal and interest payment can increase or decrease substantially each time your Interest Rate is adjusted. The amount of your monthly principal and interest payment can change once every 12 payments beginning with payment number 61. Beginning with payment number 61, your monthly principal and interest payment will be based on the Interest Rate, loan balance and remaining loan term. Any increase in the Interest Rate will take the form of a higher payment amount. • Your interest rate cannot increase or decrease more than two percentage points (2.000%) at each Change Date. This limitation is called your "Periodic Rate Cap." • Your loan will have a "lifetime rate cap," which is the maximum loan interest rate expressed as a specified number of percentage points above your initial rate. The lifetime rate cap for 02" • Your first monthly payment change will be one month after the first interest rate change. Thereafter, your monthly payment can change every 12 months based on changes in the interest rate. The new payment will be an amount which would be sufficient to repay the loan balance and interest due on your loan in substantially equal payments each month over the remaining loan term. • You will be notified in writing at least 25 days prior to the due date of a payment at a new level. This notice will contain information about your index, interest rate, payment amount and loan balance, and will include the name and telephone number of a person who will answer any question you may have regarding the notice. EXAMPLE PAYMENT On a $10,000 loan with a term of 180 months and an initial interest rate of 6.75% in effect December, 2006 the maximum amount that the interest rate can rise under this program is five percentage points, to 11.75%, and the monthly payment can rise from a first-year payment of $88.49 to a maximum of $107.97 in the eighth year. How to calculate the principal and interest payments for your loan amount: To see what your monthly principal and interest payments would be, divide your mortgage amount by $10,000.00; then multiply the initial loan payment above by that amount. For example, in December, 2006, the principal and interest payment for a mortgage amount of $60,000 would be $60,0001$10,000 = 6; 6 x $88.49 = $530.94 On a $10,000 loan with a term of 360 months and an initial interest rate of 6.75% in effect December, 2006 the maximum amount that the interest rate can rise under this program is five percentage points, to 11.75%, and the monthly payment can rise from a first-year payment of $64.86 to a maximum of $96.56 in the 8th year. How to calculate the principal and interest payments for your loan amount: To see what your monthly principal and interest payments would be, divide your mortgage amount by $10,000.00; then multiply the initial loan payment above by that amount. For example, in December, 2006, the principal and interest payment for a mortgage amount of $60,000 would be $60,0001$10,000 = 6; 6 x $64.86 = $389.16 I/We hereby acknowledge receipt of this mortgage program disclosure and a copy of the Consumer Handbook on ustable Rate Mortgages on the date(s) indicated below. Date Date Date Date 02109 EXHIBIT 2 ANGIE CASSEL METRO BANK 3801 PAXTON STREET HARRISBURG, PA 17111 717-412-6877 After Recording Return Tot METRO BANK ATTE: FINAL DOCUMENT DEPARTMENT 0009AI 3801 PAS STRSBT HARRISBURG, PA 17111 APN #t 09-15-1290-096 APN #: Title Order No.s 09-1295Bx EscroK No.: 09-1295SK [Space Above This Line For Recording Data] LOAN #: 33332582 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 NOVEMBER 30, 2009, together with all Riders to this document. (B) "BorrO?War"' 13 JOHN J. RAKOCY. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is METRO BANK. Lender Is a STATE CHARTERED BANK organized and exisling under the laws of PENNSYLVANIA. Lender's address is 3801 PAXTON STREET, HARRISBURG, PA 17111. Lender is the mortgagee under this Security Instrument. Initials: 0/? PENNSYLVANW-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 1117 U,` - 0 1999-2DD7 Online Docuffmmft Inc, Page 1 of 14 PAUDBED PAUDEDL 0709 LOAN #s 33332582 (D) "Note" means the promissory note signed by Borrower and dated NOV13M88R 30, 2009. The Note states that Borrower owes Lender ******wwww*ww***w***ww*s,ww**irw*w+w****www r+r*xxt***** *w,r+rrx*********+r+rx**rtw*,rww*+r*****wwsgIGHTT TROUS ND ARD 10/100 www*+r*w*wwww*?tw**+t+r+r*www**w***ww**x*?r***,t*wwww Dollars (U.S. $80,000.00 ) plus interest. Borrower has promised to paythis debt In regular Periodic Payments and to pay the debt in full not later than JAmu mRZ 1, 2040. (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) "Rldera" 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 =Condominlum Rider =Second Home Rider = Balloon Rider =Planned Unit Development Rider 0 Other(s) [specify] O 1-4 Family Rider D Biweekly Payment Rider = V.A. Rider (H) "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, less, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "EWetwileFundsTranster"meansanytransferoifunds,olherthanatransactionoriginated bycheck, drag, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize afinancial institution to debit or credit an account. Such term includes, but is not limited to, point-d--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (In "Escrow home means those items that are described in Section 3. (L) "Mlecellanoous 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: n damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; Q11) conveyance in lieu of condemnation; or (v) 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 (1) principal and interest under the Note, plus (II) any amounts under Section 3 of this Security Instrument. (0)'"RESPA"mearlstheReal Estate Settlement ProceduresAct(12 U.S.C. §01 etseq.) and b implementing regulation, Regulation X (24C.F.R. Part3500), as they might be amended from time totime, or any additional orsucoessorlegislation orreguMMonthatgovemsihesamesubject matter. Asused inthisSecuritylnstrument, "RESPA" refers, to all requirements and restrictions that are imposed in regard to a `federally related mortgage ban" even if the Loan does not qualify as a %deraliy related mortgage loan" under RESPA. (P) "Successor In Interost 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: (f) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and cconvey to initials: PENNSYLVANIA-Single Family-Fannie Mae/FreMe Mac UNIFORM INSTRUMENT Form 3039 y 0 1990-2007 Online Documents, Inc. Page 2 of 14 i PAUDEDL 0709 Lender the following described property located in the COtr11TY [Type of Recording Jurisdiction] of CUMZRLRXD ALL THAT CERTAIX tract of land and improvements Township, Cumberland County, Pennsylvania more described in Ezhibit " A " attached hereto AP$ #: 09-15-1290-096 LOAM #: 33332562 [Name of Recording JurledlcWn]: situate in East Pennsboro particularly bounded and which currently has the address of 539 XAGMO ROAD, Enola, [street] [CRY] Pennsylvania 17025 ("Property Address"): [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the properly, 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 fight to mortgage, grant and convey the Property and that the Property is unencumbered, except forencumbranoes of record. Borrowerwarrants and will defend generailythe t18e to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: t. 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 also pay funds for Escrow Items pursuant to Section S. Payments due under the Note and this Security Instrument shall be made in U.S. 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 underthe 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, withoutwa[ver 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 n4a rInitia PENNSYLVANIA-Single Family--Fannio Mae/Froddie Mao UNIFORM INSTRUMENT Form 3039 1 ®1999.2007 Onine Documents, Inc. Page 3 of 14 EDL 0708 LOAM #t 33332582 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 underthe Note; (b) principal due underthe Note; (c) amounts dueunderSection 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 amountto 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 1, 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 maybe appliedto anylate 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 fumish 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 dueforany Escrow Itemsforwhich paymentof Funds has beenwaived by Lender and, if Lender requires, shall fumish 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, pursuantto awaiver, and Borrowerfalls to paythe amountdueforan Escrow Item, Lender may exercise Its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9to repayto Lenderany such amount. Lender may revoke thewaivw as toany oral Escrow items at any time by a noticegiven in accordancewith 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 anytime, collect and hold Funds in an amount (a) sufiicientto permit Lenderto 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, N Lender is an institution whose deposits are s ns red Initials: PENNSYLVANIA-SIngre Famly-Fannls Mae/Frsddle Mae UNIFORM INSTRUMENT Form 0030 ®1099-2007 Online Documents, Inc. Page 4 of 14 ?_7/ AUDEDL O70p LOAN #s 33332582 In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lendershall notcharge Borrowerfor 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 Intent 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 RIESPA, Lender shad 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 deficency of Funds held in escrow, as defined under RESPA, Lender shag 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 sub jest 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 byfire, 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 r+emappings or similarchanges occurwhich reasonably might affectsuch 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 aDEDL any Initials: PENNSYLVANIA-ingie FamBy-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 30591 0 1 NO-2007 OnBne Documents, Inc. Page 5 of 14 LOAN #1 33332562 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 Note rate from the date of disbursement and shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and 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 policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower 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 tender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shay give prompt notice to the insurance carrier and !.ender. 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 interestorearningson such proceeds. Fees forpublic adjusters, orotherthird parties, retained by Borrower shall not be paid outof the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economicallyfeasible 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 underthe Note orthis 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 Properly; Inspections Borrower shall not destroy, damage or impairthe Property, allow" Property to deteriorate or oommitwaste on the Property. Whether ornot Borrower is residing in the Property, Borrower shall maintain the Property in orderto prevent the Property from deteriorating or decreasing in value due to its condition. Unless It is determined pursuant to Section5thatrepairorrestorationisnoteoonomicallyfeasible,Borrowershallpromptlyrep ' the Initials: PENNSIRYANIA--Single Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3038 ® 1989-2007 Online Document, Inc. Page 6 of 14 UDEDL 0709 LOAN #t 33332582 ii 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 ratsufficientio repairor restore the Property, Borrower is not relieved of Borrowers 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 llmited to, representations conceming Borrower's occupancy ofthe Property as Borrower's principal residence. 9. Protection of Lender's interest in the Property and Rights Under this Security Instrument. If (a) Borrowerfalls 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 Ilan 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 and/or 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 Ilan which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attomeys' 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 an or off. Although Lender may take action under this Section 9, Lander 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. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, after or amend the ground 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 Mortga e I urance Initialo s PENNSYLVANIA-Single Family-Fannro Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 81999,2007 Online Documents, Inc. Page 7 of 14 PAUDEDL 0700 LOAN #% 33332582 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 uftimatety paid in full, and Lender shall not be required to pay Borrower any Interest or earnings on such loss reserve. Lander can no longer require loss reserve payments It 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 mender requires separately designated payments toward the premiums for Mortgage Insurance. If Lander required Mortgage Insurance as a condition of making the Loan and Borrowerwas required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lander providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) forcertain losses itmay incur IF Borrower does not repay the Lawn as agreed. Borrower is not a party tD 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 conditionsthat are satisfactory tothe mortgage Insurer andthe 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 as) a portion of Borrower's payments for Mortgage insurance, in exchangefor sharing or modifying the mortgage Insurer's risk, or reducing fosses. 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 urlll not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other teems of the Loan. Such agreements will not bu ease the amount Borrower will owe for Mortgage Insurance, and they wfii not entitle Borrower to any refund. (b) Any such agreements will not affect the tights Borrower has - If any - with respect to the Mortgage Insurance under the Homsownors Protoctlon Act of 1998 or any other law.. These rights may Include the right to recehro certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to recall" a refund of any Mortgage Insurance premiums that wore unearned at the lime of such cancellation or tormination. 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 to hold such Miscellaneous Proceeds until Lander has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided thatsuch inspection shall be undertaken promptly. Lander 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 securitywould be lessened, the Miscellaneous Proceeds shall be applied to the s s u initials: PENNSYLVANIA-Ingle Famly-Fannrs MaeMreddio Mae UNIFORM INSTRUMENT Form Suss 0 1989-2007 Onitne Documents, Inc. Page 8 of 14 PAUDEDL 0709 LOAN lls 33332583 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 eventofatotal taking, destruction, or loss in valueof 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 by 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 marketvatue ofthe 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 ofthe 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 11, after notice by Lenderto Borrowerthatthe Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower faits to respond to Lender whhin 30 days after the date the notice is given, Lender Is authorized to collect and apply the Miscellaneous Proceeds elther 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 Releessd; 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 modifyamortization of the sums secured by this Security Instrument byreason 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 Uabllity, Co-signers; Successoraand 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 "oo-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 sum ec red by Initials: aAV0 PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mao UNIFORM INSTRUMENT Form 30391/et'0 1999-2007 Online DocumerrK Inc. Page 9 of 14 t( PAUDEDL 0709 LOAN #s 33332582 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 underthis 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, butnotiimited to, attomeys'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 Nate 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 Borrowerwhen mailed by first class mail orwhen 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 tD 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. Goveming Law; SoverabiNty; 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 thefern inine gender; (b) words in the singulars II d Initials: PENNSYLVANIA-Single Family-Fannie MaelFrWdre Mao UNIFORM INSTRUMEW Form 3039 0 1999,2007 Online Documsrrts, Inc. Pegs 10 Of 14 PAUDEDL 0709 LOAN #t 33332582 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 interestin the Property, Including, but not limited to, those beneficial Interests transferred In a bond for deed, oontractfor deed, installment sales contract orescrow agreement, the intentof which is the transfer oftitle by Borroweratafuture date to a purchaser. Kai or any partof a Propertyor 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 Borrowerfails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to 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; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, 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 Servloer; 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 underthe 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, Borrcwerwill 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 Borrowerwill remain with the Loan Serviceror betransferred 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 a du o d Initialst PENNSYLVANIA-Single Fam"annie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3=9 t- 0 1988-2007 Online Documents, Inc, Page 11 of 14 PAUDEDL 0709 LORN #s 33332582 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, orwastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or tordc petroieum products, to)dc pesticides and herbicides, volatile solvents, materials containing asbestos orformaldehyde, and radioactive materials; (b) "Environmental Lave' 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 c an 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 Environments! 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 leams, or is notified by any govemmental 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 prlorto 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). Leader shall nodfy Borrower of, among otherthings: (a) the default; (b) the action required to our* the default (c) when thedefaultmustbecured; and (d)thatfalluretoourethe defaultasspecllied 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 dghtto reinstate aftoraccelersdon and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to aocolerstlon and foreclosure. If the default Is not cured as specltied, Lender at Its option may require Immediate payment InfulI of all sums secured by this Security Instrument whhout further demand and may foreclose this Security Instrument by judicial proceeding. Lander "I be entlflad to coiled all expenses Incurred In pursuing the remedies provided In this Section 22, including, but not Ilmltod to, attorneys' frees and costs of We evidence to the extent perndtted 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 oocu nd r Initialer: PENNSYLVANIA-Single Family-Fantle Ueefflreddle Mac UNIFORM INSTRUMENT Form 5039 0 1999.2007 Online Documents, Inc. Page 12 of 14 PAUDEDL 0700 LOAN #3 33332362 shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower afee for releasing this Security Instrument, but only ifthefee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Wahrora. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby walves 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. ReinatopmordPeriod. Borrower'stimetoreinstate provided inSection l9shalextend toonehour prior to the commencement of bidding at a sheriffs 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 titre tothe Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment Borrower agrees thatthe interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall bethe rate payablefrom 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 w* it. J. (Seal) PENNSYLVANIA-Single Family-FannN MaUFroddle MAC UNIFORM INSTRUMENT Form 30391/01 0 1899.2007 Online Documents, Inc. Page 13 of 14 PAUDEDL 0709 LOAN #: 33332582 Cosmonvealth of PENNSYLVANIA County of CLMMRLAND On this, they _ day of Makmime 80401 before me, _fttb.ejj L 1L1(+UL _, the undersigned officer, personally appeared JOHN J. RAROCY, kno:vn to me (or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the some for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. My commission expires: lvlp? Title of Officer .,uw1MONWEALTH OF PENNSYLVANIA Nola W Seat Michelle L McClung, Notary Public Low Paxson Twp., Dauphin County My Comrr*Ww Expires Nov. 13, 2010 Member, Pennsylvania'Assoclation of Notaries Certificate of Residence i, t A f Cht W L_ f'ill' IAIA do hereby certify that the correct addres of the within-named Mortgagee is 3801 PAXTON STREET, HARRISBURG, PA 17111 my hand this __36 I -F] day of initials: PENNSYLVANIA-8ingle Famly-Fannle Mae/Freddie Mao UNIFORM INSTRUMENT Form 30391 in it'l 01999-2007 Onilne Documents, Ina page 14 of 14 PAUDEDL 0709 COMMITMENT SCHEDULE C File Number: 09-1295BM Commitment Number: 09-1295BM ALL that certain lot or tract of land, being a triangular shape tract of land, situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the point of intersection of the center line of Township Road T.625 and the Westerly line of Sgrignoli Lane which place of beginning is 690.29 feet by the center line of said Township Road from the center line of Legislative Route 21015 known as Center Street; thence North 78 degrees 10 minutes West by the center line of Township Road T-625 for a distance of 204.69 feet to a point at lands now or formerly of Chester Dominoski; thence North 11 degrees 50 minutes East by lands now or formerly of Chester Dominoski for a distance of 294.14 feet to a stake on the Westerly line of said Sgrignoli Lane; thence South 23 degrees East for a distance of 358.35 feet by the Easterly line of said lane to the point and place of Beginning. HAVING thereon erected a single brick and frame ranch type dwelling with integral carport, said premises being known and number as sK Magaro Road. LA 1 Blue Mountain Settlement Agency Ltd. 5405 Jonestown Road suite 101 Harrisburg, PA 17112 LOAN #r 33332582 FIXED/ADJUSTABLE RATE RIDER (One-Year Treasury Index-Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made this 30TH day of NOVEMBER, 2009 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to =TRo BANK, A STATE CHARTERED BANK ("Lender") of the same date and covering the property described in the Security Instrument and located at: 539 MIAGARO ROAD, Rnola, PA 17025. THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNTTHE BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 7.250%. The Note also provides for a change in the initial fixed rate to an adjustable rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initiaFfixed interest rate I will pay will change to an adjustable interest rate on the 1sT day of JANUARY, 2015 and the adjustable interest rate I will pay may change on that day every 12TH month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." )The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The 'Index' is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." MULTISTATE FDCED/ADJUSTABLERATE RIDER-ONE-YEAR TREASURY INDEXSfngleFamly-FendeMwU In Form 31821 /01 Initials 0 ION-2007 Online Docurnmts, Inc, Pago 1 of 4 F3182 b2 LU LOAN #t 33332562 If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holderwill give me notice of this choice. (C)Calculation of Changes Before each Change Date, the Note Holder will calculate m new interest rate by adding Tanas mm Tnmm-FouRTBs percentage point(s? ( 3.750% ) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficlentto repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. Limits on Interest Rate Changes he interest rate I am required to pay at the first Change Date will not be greater than 9.250% or less than 5.250%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than TKO percentage point(s) ( 2.000% ) from the rate of interest I have been paying for the preceding 12 month(s). My interest rate will never be greater than 13.250%. M a Effective Date of Changes y new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder wil deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security instrument shall read as follows: Transfer of the Prop" to 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. MULTISTATE FDIEDIADJUSTABLERATERIDER-ONE-YEAR TREASURY INDEX-9Ingle FamNy-FennleMasUnIformlrnt rrt Form 31821/01 Initials e (I IUZ 0 INN-2007 Online Documents, Inc. Page 2 of 4 LU 0706 LOAN #t 33332582 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 Borro wer 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 Securthisity Instrument. If Borrower fails to pay these sums prior to the expiration of period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then cease to be in effect and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "interest in the Propertys means any legal or beneficial interest in the Property, including, but not ilmited 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lenderand thatobligates thetransfereeto keep ail the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. MULTISTATE FD(ED/ADJUSTABL.E RATE RIDER-ONE-YEAR TREASURY INDEX-Single Fancy-Fannie Maa=82RLU Form 31821/o1 Initials ®1959-2007 Online Documents, Ina Page 3 of 4 ,/ LOAM #t 33332582 If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordancewith Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. V't (seal) J. CY MULTISTATE FD(ED/ADJUSTABLERATE RIDER-0NE-YEARTREASURYINDIX•3ingleFemily-FannlaMmUrWannirwoum vt Form 31721/01 0 7999-2007Online Dxunvwta, Inc. Page 4 of 4 F3182RLU 0705 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200940720 Recorded On 12/7/2009 At 10:46:57 AM * Instrument Type - MORTGAGE Invoice Number - 57267 User ID - AF * Mortgagor - RAKOCY, JOHN J * Mortgagee - METRO BANK * Customer - BLUE MOUNTAIN SETTLEMENT FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $41.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $76.50 * Total Pages - 20 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS t70o " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. fllNllll?lllllll? EXHIBIT 3 Glenda Farner Strasbaugh Register of Wills & Clerk of Orphans' Court Marjorie A. Wevodau First Deputy Kirk S. Sohonage, Esq. Solicitor One Courthouse Square Carlisle, PA 17013 Phone: 1-888-697-0371 x 6345 717-240-6345 Fax: 1-888-697-0371 x 7797 OFFICES OF Register of Wills and Clerk of the Orphans' Court County of Cumberland RESPONSE TO RESEARCH REQUEST September 14, 2011 AN ESTATE WAS LOCATED Decedent Name: Estate No.: Date Filed: Date Granted: Personal Representative: Address: City, State, Zip: Attorney Name: Address: City, State, Zip: Telephone: NO RECORD OF PROBATE John J Rakocy 21-11-0823 07/26/2011 07/26/2011 DAVID A RAKOCY 3 GRANT ST ENOLA PA 17025 ? NEED MORE INFORMATION TO CONDUCT SEARCH ? FEE REQUIRED. Please forward a check in the amount of $4 per name to be searched. Make check payable to Register of Wills and included a self-addressed stamped envelope. ® YOUR RECEIPT IS ENCLOSED. ? COMMENTS. NOTE: The fee to file a claim against an estate is $10. See our website for the Notice of Claim form. (www.cepa.net - search for Notice of Claim) Register of Wills of Cumberland County Request for a Research Requester's Name & Address: James H. Curry, Esquire Weber Gallagher Simpson Stapleton Fires & Newb 200 No. Third Street, Ste. 9A Telephone Number: Harrisburg, PA 17101 Email address (optional): icurry(Dwglaw.com Name to be Researched: Information to Research: Date of Death/Marriage: Any other information you have that may help in the research such as maiden name or name variations: John J. Rakocy ? Marriage [] Probate/Will _? Other SS#208244684. DOD not known. Please advise if estate has been opened and if so, date of same date of death, name & address of executor/ executrix and other available public information. Name to be Researched: Information to Research: ? Marriage ? Probate/Will ? Other Date of Death/Marriage: Any other information you have that may help in the research such as maiden name or name variations: Name to be Researched: Information to Research: ? Marriage ? Probate/Will ? Other Date of Death/Marriage: Any other information you have that _ may help in the research such. as maiden name or name variations: The cost of Research is $4.00 per name. Additional sheets may be attached. :? T T -70 Mail this Request Form to: r'C, '- =? - Register of Wills and Clerk of Orphans Court e T rn County of Cumberland One Courthouse Square, Room 102 Carlisle, PA 17013 ?? ? Include a check made payable to "Register of Wills" and a self-addressed stamped envelope. Note: Please be aware that marriage records will be on file in the county where the couple applied for a marriage license. This may or may not be where the actual marriage took place. RECEIPT FOR PAYMENT GLENDA FARNER STRASBAUGH Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17613 RAKOCY JOHN J Receipt Date: 9/14/2011 Receipt Time: 12:14:35 Receipt No.; 1066977 Estate File No.: 2011-00823 Paid By Remarks: WEBER GALLAGHER ET AL -------------------- -- ---------------------- Receipt Distribution ---- Fee/Tax Description Payment Amount Payee Name RESEARCH, PER RCRD ---------_4_00 CUMBERLAND COUNTY GENERAL FUN Check# 2327 $4.00 Total Received......... $4.00 VERIFICATION I, John T. Robertson an authorized representative of Metro Bank am duly authorized to make this Verification on behalf of Metro Bank, and do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Rob rtson c President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1 k?tt o1 4,rn???r?j?? Jody S Smith Chief Deputy x' 12 MAR 27 " C; 4 ? Richard W Stewart Solicitor {. IMBERLANLI k"' 0U4 I Metro Bank vs. Case Number David A. Rakocy 2012-1343 SHERIFF'S RETURN OF SERVICE 03/05/2012 08:47 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2012 at 2047 hours, he served a true copy of the within Complaint in Mortga Foreclosure, upon the within named defendant, to wit: David A. Rakocy, by making known unto Sta R kocy, Wife of Defendani at 3 Grant Street, Enola, Cumberland County, Pennsylvania 17025 its nn ?Its a at the same time handing to her personally the said true and correct copy of the same. SFIAWN SHERIFF COST: $43.00 March 06, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 1710 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCY To the Prothonotary: er 1.. r, r, s a x TA IR 'd t"LItAF"2G PM2:i0 ''.ij-'OERLAND COUNT" PENNSYLVANIA Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1343 - Civil Praecipe for Judgment Enter in rem judgment in the sum of $85,190.86 in favor of the Plaintiff, Metro Bank f/k/a Commerce Bank, and against Defendant, David A. Rakocy, as executor of the estate of John J. Rakocy, because of Defendant's failure to file an answer within twenty (20) days of service of the Complaint, and assess damages as follows: Amount claimed in Complaint: $84,321.86 Per diem interest from 02/23/12 to 04/17/12 at the rate of $15.80 per day $869.00 Per diem interest from and after 04/18/12 $ at the rate of $15.80 per day REAL DEBT $85,190.86 ames H. ire aI1V?? 3 ?. a Atto or iff #d7IY67 ASSESSMENT OF DAMAGES No?-Ce r of Ied AND NOW, this _ day of 12012 amag are a s ssed as f I Prothonotary WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 1710 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCY 3 Grant Street Enola, PA 17025 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1343 - Civil CERTIFICATION OF AS TO COMPLIANCE WITH PA. R. CIV. P. 237.1 I hereby certify that I am the attorney for the plaintiff in this action and further certify that on March 30, 2012, I caused the 10-day notice required by Pa. R. Civ. P. 237.1 to be sent to Defendant, David A. Rakocy, as executor of the estate of John J. Rakocy. This notice was sent after said Defendant's failure to plead to the Complaint and I hereby further certify that said Defendant failed to answer the Complaint. A copy of the 10-day Notice is attached hereto as Exhibit "A". DATED: April 19, 2012 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 1710 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCY 3 Grant Street Enola, PA 17025 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1343 - Civil CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE The undersigned hereby certifies that, upon information and belief: Defendant, David A. Rakocy, as executor of the estate of John J. Rakocy, has an address at 3 Grant Street, Enola, PA 17025. Deponent further avers that, upon information and belief, the above Defendant is not within the protection of the Servicemembers Civil Relief Act, together with amendments thereto. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 1710 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ COURT OF COMMON PLEAS HARRISBURG, N.A. CUMBERLAND COUNTY 3801 Paxton Street Harrisburg, PA 17111 NO. 12-1343 - Civil V. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCY 3 Grant Street Enola, PA 17025 To the Prothonotary: L EL r'12 APR 20 PH 2: 1 ? Cf l;%I0ERLAND COUNT'' Attorneys for Plaintiff Praecipe for Writ of Execution Issue writ of execution in the above matter: Amount due: $85,190.86 Per diem interest from and after 04/18/12 $ at the rate of $15.80 per day Costs to be added: Legal Description attached (Xu? -%Q?, So d a I z/g.oo 16 3.-7s u « Ito. So ? 56 u a 4 ?5 P 6r a.as mid 3?'9 L?a??o7y Nf;f of (I-J75ymid .0- COMMITMENT SCHEDULE C File Number: 09-1295BM Commitment Number: 09-1295BM ALL that certain lot or tract of land, being a triangular shape tract of land, situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the point of intersection of the center line of Township Road T.625 and the Westerly line of Sgrignoli Lane which place of beginning is 690.29 feet by the center line of said Township Road from the center line of Legislative Route 21015 known as Center Street; thence North 78 degrees 10 minutes West by the center line of Township Road T-625 for a distance of 204.69 feet to a point at lands now or formerly of Chester Dominoski; thence North 11 degrees 50 minutes East by lands now or formerly of Chester Dominoski for a distance of 294.14 feet to a stake on the Westerly line of said Sgrignoli Lane; thence South 23 degrees East for a distance of 358.35 feet by the Easterly line of said lane to the point and place of Beginning. HAVING thereon erected a single brick and frame ranch type dwelling with integral carport, said premises being known and number as Magaro Road. L6+ 1 1 Blue [Mountain settlemeot Agency Ltd. 5405 Jonestown Road suite 101 Harrisburg, PA 17112 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 1710 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCY 3 Grant Street Enola, PA 17025 i E0 ,912 APR 20 Pr, 2: z '::: J ' BERL}? D COUN E `°' PENNSYLVANIA Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1343 - Civil Affidavit Pursuant to Rule 3129.1 Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 539 Magaro Road, Enola, PA, 17025: 1. Name and address of owner(s) or reputed owner(s): Name John J. Rakocy Address 539 Magaro Road Enola, PA 17025 2. Name and address of defendant in the judgment: Name Address David A. Rakocy 3 Grant Street Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address N/A N/A 4. Name and address of the last recorded holder of every mortgage of record: Name Address Metro Bank 3801 Paxton Street. Harrisburg, PA 17111 5. Name and address of every other person who has any record lien on the property: Name Address N/A N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address N/A N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address N/A N/A I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. Dated: April 19, 2012 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 1710 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCY 3 Grant Street Enola, PA 17025 f I EL - "i'n ??u 1 t?pP0 p' r r 'BER A NO co U1, VA NIA Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1343 - Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David A. Rakocy, as executor of the estate of John J. Rakocy Your real estate at 539 Magaro Road, Enola, Pennsylvania, 17025, is scheduled to be sold at Sheriff's Sale on September 5, 2012, at 10:00 a.m. at the Cumberland County Courthouse, 1 Court House Square, Carlisle, PA 17013 to enforce the court judgment of $85,190.86 obtained by Metro Bank against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Peter E. Meltzer the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Peter E. Meltzer at 267-295-3363. 2. You may be able to stop the sale by filing a petition asking a Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able stop the sale through other legal proceedings. -16 You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. (See notice below of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Peter E. Meltzer at 267-295-3363. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Peter E. Meltzer at 267- 295-3363. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff approximately 30 days after the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1343 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff (s) From DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCKY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $85,190.86 L.L.: $.50 Interest PER DIEM INTEREST FROM AND AFTER 4/18/12 AT THE RATE OF $15.80 PER DAY Atty's Comm: % Due Prothy: $2.25 Atty Paid: $194.25 Other Costs: Plaintiff Paid: Date: 4/20/12 1 ? ?r10 ??? David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JAMES H. CURRY, III, ESQUIRE Address: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP FULTON BANK BUILDING 200 NORTH THIRD STREET, SUITE 9A HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-237-6940 Supreme Court ID No. 306954 SHERIFF'S OFFICE OF CUMBERLAND COUNTX Ronny R Anderson Sheriff Jody S Smith Ghief Deputy Richard W Stewart Solicitor .Ej 4 ~ I~ '•2r ,:-;; _ .. ~, i ~ ~ f~a; ~ '_ ' iIE~ r~f'y -7 Fi`~ ~'~ ~. C' f~ Pa`s Y ~.~'~ iti I ,;:, `'~ Metro Bank VS. David A Rakocy Case N~wmber 2012-1343 SHERIFF'S RETURN OF SERVICE 06/18/2012 '10:46~ AM -Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: David A. Rakocy at 3 Grant Street, East Pennsboro Township, Enola, PA 17025, Cumberland t:,ounty 06/18/2012 11:16 AM -Deputy Amanda Cobaugh, being duly sworn according to law, states service vas performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 539 Magaro Road, East Pennsboro Township, Enola PA. 17025, Cumberland Country. 09/05/2012 As directed by James H. Curry, Attorney for the Plaintiff, Sheriff's Sale Continued to 11/7/.2.012 11/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $696.95 November 07, 2012 SO ANSWERS, ~ RONNY R ANDERSON SHERIFF ~ •<;y2S~ ~,~ . moo, ~ ~~~~ ~ ~~~~~~7 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank, Building 200 North Third Street, Suite 9A Harrisburg, :PA 1710 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, :PA 17111 v. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCY 3 Grant Street Enola, PA 17025 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1343 -Civil Affidavit Pursuant to Rule 3129.1 Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 539 Magaro Road, Enola, PA, 17025: 1. Name and address of owner(s) or reputed owner(s): Name John J. Rakocy Address 539 Magaro Road Enola, PA 17025 2. Name and address of defendant in the judgment: Name Address David A. Rakocy 3 Grant Street Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address N/A N/A 4. Name and address of the last recorded holder of every mortgage of record: Name Address Metro Bank 3801 Paxton Street Harrisburg, PA 17111 5. Name and address of every other person who has any record lien on the property: Name Address N/A N/A 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Name Address N/A N/A. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Address N/A N/A I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Dated: April 19, 2012 r WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 1710 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 v. DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCY 3 Grant Street Enola, PA 17025 ijrn l~ 1 t: L ~_ --~ E ;~~, ~°: ,, ti Jt ~ ~ rs F`J /~ t tJE~ i-i ~`l [~ tr `~ P: Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1343 -Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David A. Rakocy, as executor of the estate of John J. Rakocy Your real estate at 539 Magaro Road, Enola, Pennsylvania, 17025, is scheduled to be sold at Sheriff s Sale on September 5, 2012, at 10:00 a.m. at the Cumberland County Courthouse, 1 Court House Square, Carlisle, PA 17013 to enforce the court judgment of $85,190.86 obtained by Metro Bank against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Peter E. Meltzer the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Peter E. Meltzer at 267-295-3363. 2. You maybe able to stop the sale by filing a petition asking a Court to strike ot• open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. (See notice below of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Peter E. Meltzer at 267-295-3363. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Peter E. Meltzer at 267- 295-3363. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff approximately 30 days after the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 CQMMITMENT SCHEDEIE.E C File Number. 09-1295BM Commitment Number. 09-1295BM ALL that certain lot or tract of land, being a triangular shape tract of land, situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the point of intersection of the center Iine of Township Road T.625 and the Westerly line of S$rignoli Lane which place of beginning is 690.29 feet by the center Iine of said Township Road from the center line of Legislative Route 21015 known as Center Street; thence North 78 degrees 10 minutes West by the center line of Township Road T-625 for a distance of 204.69 feet to a point at lands now or formerly of Chester Dominoski; thence North 11 degrees SO minutes East by Iaads now or formerly of Chester Da-minoski for a distance of 294.14 feet to a stake on the Westtrly line of said Sgrignoli Lane; thence South 23 degrees East fora distance of 358.35 feet by the Easterly line of said lane to the point and place of Beginning. I-IAVIl~tCi thereon erected a single brick and frame ranch type dwelling with integral carport, said premises being known and number as Magaro Road. tali ti 5 Blue Mouoraln Sit Agency Ltd 5405 JoneeEown Rad Sui6e 101 Hsrislnrg. PA 17112 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1343 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: Ta satisfy the debt, interest and costs due METRO BANK f/Wa COMMERCE BANK/HARRISBURG, N. A. Plaintiff (s) From DAVID A. RAKOCY AS EXECUTOR OF THE ESTATE OF JOHN J. RAKOCKY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (?) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: 585,190.86 L.L.: $.50 Interest PER DIEM INTEREST FROM AND AFTER 4/18/12 AT THE RATE OF $15.80 PER DAY Atty's Comm: ° o Due Prothy: $2.25 Atty Paid: $194.25 Other Costs: Plaintiff Paid: Date: 4/20/12 David D. B ell, Prothono ry (Seal) By: Deputy REQUESTING PAR"I'Y: Name: .LAMES H. CURRY, III, ESQUIRE Address: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP FULTON BANK BUILDING 200 NORTH THIRD STREET, SUITE 9A HARRISBURG, PA 17101 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand Attorney for: PLAINTIFF and the seat of said Co rt at Carlisle, Pa. Telephone: 717-237-6940 This day of , 201x._ °thonotary Supreme Court ID No. 306954 y-1~1~ Q • ~`D On May 10, 2012 the Sherifi~ levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 5391V1agaro Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 10, 2012 By: Ct.,t~.~,~-~---~ ~~:.' Real Estate Coordinator. CUMBERLAND LAW JOURNAL Writ No. 2012-1343 Civil Term Metro Bank vs. David A. Rakocy Atty.: James H. Curry ALL that certain lot or tract of land, being a triangular shape tract of land, situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particulazly bounded and de- scribed as follows: BEGINNING at the point of inter- section of the center line of Township Road T.625 and the Westerly line of Sgrignoli Lane which place of begin- ning is 690.29 feet by the center line of said Township Road from the center line of Legislative Route 21015 known as center Street; thence North 78 degrees 10 minutes West by the center line oPfownship Road T -625 for a distance of 204.69 feet to a point at lands now or formerly of Chester Dominoski; thence North 11 degrees 50 minutes East by lands now or formerly of Chester Dominoski for a distance of 294.14 feet to a stake on the Westerly line of said Sgrignoli Lane; thence South 23 degrees East for a distance of 358.35 feet by the Easterly Line of said lane to the point and place of Beginning. HAVING thereon erected a single brick and frame ranch type dwelling with integral cazport, said premises being known and number as 539 Magaro Road. Lot 1. 83 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. w `/~ ___. sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 0 da of August, 2012 i Notary ~~ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co., 2020 Technology'Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~e~lahiot News Naw you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. > 'fie ALL that oertun tot ortract of land, being ~ of tali, situate in of, ~ deem ~Pdarly bounikd ~' at the post of intersection of me center ti©e of'Ibuv~ ~aa ~6as and ~c ~ of sgrignoH Lane ce>f;Me of is 690:29feet by the center lice of ~'"'~ l ~ );nOWn M-e~er 1t1C11f7tl.~0~12~~Jr degrees l0' Wes by the certet line nfRoad T 625 for a die{~e of 204.ti9 frxtto a poxit at daxt~ mpv ~ N~ 1111 degtr~e~p a ~athe Weaterl9 ti~ae edas~ Sgsi~noli I.ane~ tlumce 3 ~l foe a de~ut+e of b!' 1' ~ of said lane tv poi and ~ ~ HAVING thereon erected a sine bride and frame r~x+h type darning with nU ~ being ~ and Magam Road: Lest 1 This ad ran on the date(s) shown below: 07127112 COMMONWEAL't'H_QF PENNSYLVANIA Notarial Seal Sherri? L. {)v!er+s, Notary r3elblie Lower uaxtor T~ F., uauphln Courty j My L_omm's.;ion Expires Nov. ~'6, 1015 MEM6ER, PE[JN ;YU!ANIA ASSOCIATTQF: pf N4TkHSES :012 A.D. f ! ~t,, \.. 8 08/03/12 08/10/12