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HomeMy WebLinkAbout12-1854BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 " ter cv ??. Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. H. STUART BIDDLE and JANICE M. BIDDLE, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. /a - 1854 a-viITerwi NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). You may lose money or property or other rights important to you. + (03.75 Pt AT r4 ?? 5o3t5 J7a830 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Effective September 1, 2003 3486155-1 BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. H. STUART BIDDLE and JANICE M. BIDDLE, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACI6N SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Efectivo 1 de Septiembre, 2003 Queja 3486155-1 BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Plaintiff PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, V. H. STUART BIDDLE and JANICE M.:BIDDLE, Attorneys for Plaintiff Pennsylvania State Employees Credit Union COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. Defendants COMPLAINT 1. Plaintiff, Pennsylvania State Employees Credit Union ("PSECU"), is a national banking association having an office at One Credit Union Place, Harrisburg, PA 17110. 2. Defendant, H. Stuart Biddle, is an adult individual with a last known address of 14 Westfields Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Janice M. Biddle, is an adult individual with a last known address of 14 Westfields Drive, Mechanicsburg, Pennsylvania 17055. 4. On or about November 22, 1988, Defendants executed and delivered to PSECU a Note (the "Note") in the original principal sum of $68,850.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. The Note carries interest at the initial rate of 8.75% per annum and requires Defendants to make biweekly payments of principal and interest in the initial amount of $270.45, beginning December 1, 1988 and continuing thereafter every 14 days until all outstanding principal and. all accrued interest are paid in full. 6. The Note requires Defendants to pay a late charge of four percent (4%) of the overdue payment of principal and interest when PSECU does not receive Defendants' biweekly payment within fifteen (15) days of the date that the payment is due. 7. The Note is secured and accompanied by a Mortgage (the "Mortgage") dated November 22, 1988 and recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on December 5, 1988, on Defendants' property being located at 14 Westfields Drive, Mechanicsburg, Cumberland County, Pennsylvania (the "Premises"). A true and correct copy of the Mortgage which contains the complete description of the Premises, is attached hereto as Exhibit "B" and incorporated herein by reference. Defendants are in default under the Note and Mortgage for failure to make biweekly payments which were due beginning September 2, 2011 and biweekly thereafter. 9. Notice as required by Section 403 of Act 6 of 1974, 41 P.S. §403 ("Act 6 Notice") was sent to Defendants by Certified Mail, Return Receipt Requested on December 19, 2011. A true and correct copy of this notice is attached hereto as Exhibit "C" and incorporated herein by reference.. 3486155-1 10. Pursuant to the Note, in the event of Default, PSECU may, and hereby does, declare all amounts owed under the Note, including principal, accrued interest, late charges, and all other charges, including reasonable attorneys' fees, to be immediately due and payable. 11. Pursuant to the Note, in the event of Default, PSECU is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Note. 12. For purposes of this action, PSECU believes, and therefore avers, that $3,000.00 constitutes reasonable attorneys' fees for enforcing the Note. However, PSECU recognizes that it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than $3,000.00, PSECU agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 13. As of February 15, 2012, the amount due on the Note and the Mortgage is as follows: Principal Balance ....................................................................... $29,449.15 Interest through 02/15/12 at a rate of $2.92 per diem ....................................................... 708.77 Late Charges ............................................................................... 392.94 Other Bank Fees ......................................................................... 50.50 Attorneys' Fees .......................................................................... 3,000.00 Total $33,601.36 plus continuing interest after February 15, 2012 at a rate of $2.92 per diem, plus continuing late charges, attorneys' fees and costs. 14. PSECU has demanded payment of the amount owed from Defendants but Defendants have failed and/or have refused to pay the same. 3486155-1 15. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendants may dispute the validity of the debt or any portion thereof. If Defendants do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendants with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendants the name and address of the original creditor if different from the above. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union demands judgment against Defendants, H. Stuart Biddle and Janice M. Biddle, in the amount of $33,601.36, plus continuing interest after February 15, 2012 at a rate of $2.92 per diem, plus continuing late charges, attorneys' fees and costs, and for the foreclosure and sale of the Premises. BARLEY SNYDE Date: By: S wn NV Long, Esquire Attorneys for Plaintiff, Pennsylvania State E ployees Credit Union Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 3486155-1 EXHIBIT "A" ADJUSTABLE RITE' NOTE (1 Year Treasury Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. NQV.F ]aR...22 ................ 19..$8 ........HARRISBURG PENNSYLVANIA [city] [State] ..., .. . 14 WESTFIELDS DRIVE, MECHANICSBURG, PENNSYLVANIA 17055 ................................................................................................................................................................................................. [Property Address] 1. BORROWER'S PROMISE TO PAY In return fora loan that I have received, I promise to pay US. $ ,6 8s. 8 5 0... 0 0 ............. (this amount is called r? us ' t4rest?,toI?the orde of e? finder. The Lender is ............................................................... "p F'en? ania State trn to ees ?re Union ........... .................................Y.......................... .......................................................... ............................................ I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ... Q..25 ..... %.. The interest rate I will pay will 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 princi I and interest by making paymentmweg mumck. semi-monthly. I will make m? ??t?ly payments mt adxiteif?mae?hcbeginning on.. ............................................... ee...19 ..$.$... I will make these en%ema.-m? ?? ce?o un have paid all of the principal and interest and any other charges described below that I may owe under this Note. Myenonthly payments will be applied to interest before principal. If, on .... Nov„ember 22 . 20 ....18, I still owe amounts under this Note, I will pay those amounts in full on that date, which is calle. qlu.L "Dtaturity date." P. O. Box 1006 Harrisburg, PA 17108 . I will make my onthly payments at ............................... ......................................... ....................................................................................................... or at a different place if required by the NoteA?er. (B) Amount of My Initial/Monthly Payments Each of my initi i onthly payments will be in the amount of U.S. 5...27.0..:15........ 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. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change. Dates The interest rate I will pay may change on 1kz*ankdayxck ........ Ncxemlaex..22 1 ....... 19 ....$9, and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my 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 1 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." 60 MULTISTATE ADJUSTABLE RATE NOTE-ARM 5-1-Single Family-Fanrde Mae/Frodd a Mac Uniform Instrument Form 35013/85 If the Index is no longer available, the Note Holder will choose a new index which 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 two _. and ar e.-half........ percentage points (.....?.?....%) 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 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 ....... .,.7..5....... % or less than -----...%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than ......13».7.5........%. (E) Effective Date of Changes My 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 will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given 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 right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. 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. 6. 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: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 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 .. f if teen ,-,.----, 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 ...........I -A 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 _„ it If I am in default, the Note iHolder 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 the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 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. GMNG 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 meat the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 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 If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 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. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 may also 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. 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ca!...• :1.. .....?c ' ......................................... (Seal) '-H. Stuart Biddie -Bom ..................... `................ (Seal) . Janice M. Biddle -e=wer ........................................................................................................... (Seal) -Borrower [Sign Original Only] EXHIBIT "B" t 13 0 ,.9 ! J 1 _ '8D DEC 5 4 [Space Above This Line For Reconciling Data] MORTGAGE THIS MORTGAGE ("Security Instrument?) is given on ....... N4.U."$FiR...22 .................................................... 19..$.$...Themortgagor is...,....H.?...ST,UART .... B..IP. L ... PRA d ... .. JANICE,,,M. ... .... BIDDLE,,,,,hi..wi .f... e ............. .... ...... .... ............ . ( er"). This Security Instrument is given to .................................P.... yama.... al e. MR Toyees.. C?edl.....?....!fivo" which is or?artized ?t]d existing the laws of .. gan.Sylvanld and whose address is ........P...Q....4.AX .......................... Harrisburg.1A.17.1.00 ...... ........ ........................................................... ("Lender"). Borrower owes Lender the principal sumof..... S1XTY.,EIGHT THOUSAND EIGHT HUNDRED FIFTY .................................................................. ......................... • •.AnD... Q? R....' -. -. - -.-.-.- -.. Dollars (U.S. S.4 $....$ 5 Q.,..4.0.........). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ........................Nckyemhex ..2.2......2.01.8............................... This Security Instrument secures to Lender: (a) the repayment of the debt evidenced. by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ..................................................... Climb.ox.lAild........................................................... County, Pennsylvania: ALL THAT CERTAIN piece or parcel of real estate, together with the improvements thereon erected, situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particlarly bounded and described as follows: BEGINNING at a point on the eastern side of Westfields Drive at the dividing line between Lots Nos. B-7 and B-6 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. B-7 and B-6, South 89 degrees 25 minutes 10 seconds East, a distance of 162.43 feet to a point at lands of the Trindle Spring Evangelical Lutheran Congregation; thence along said latter lands, South 24 degrees 35 minutes 11 seconds East, a distance of 38.78 feet to a point on the same at the dividing line between Lots Nos. B-7 and B-8 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. B-7 and B-8, North 89 degrees 25 minutes 10 seconds West, a distance of 186.60 feet to a point on the eastern side of Westfields Drive; thence along said eastern side of Westfields Drive, North 11 degrees 58 minutes 49 seconds East, a distance of 36.72 feet to a point on the same at the dividing line between Lots Nos. B-7 and B-6 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. which has the address of........... .4.... estfields Dr.ive... ......................... . . . ,,,,,., Mechanicsburg,,,,,,,,,,,,,, ........... [Street] [city] Pennsylvania ......................1.7.0.5.5.................... ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, lights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3039 12/83 BnnK 924 PAGEI184 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows. 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. Ifthe amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in firll of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first; to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether, or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with. the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless, Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BOOK 921 PACE11$5 .a iI f1 J i If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall bejoint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and cot vey that Borrower's interest in the Property under the.terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender: Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) 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 had no acceleration 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; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraphs 13 or 17. BOOK .024 PAGEI18C NoN-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to :Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under pa?agraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ® Adjustable Rate Rider ? Condominium Rider ? 2-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: 7 ? ......................................................................................> ........................ H. Stuart Biddle orer ................................................................................... ........... . (sue) anice M. N-Bii: die -9o.rewer ........ auphin ................. . . . . . . . . . . ..County SS: COMMONWEALTH OF PENNSYLVANIA, i? 01 this, the. 22nd ......day of...... November ..... 19. before me, a. Notary, ....... Pub.ie the undersigned officer, personally appeared.. H . tuart Biddle. and. ............. Janice M. :l31dd1e .....known to. .me .(.or satisfactorily . PT gn) to be the person. S whose name. S are .subscribed to the within instrument and acknowledged that ............. executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: NOTARIAL SEAL ?- STACEY A. F)MLE, Notary ft A Harrisburg, Pa Umphkt Cotm, Commission Expim Dec. 12, lq%% Not rX Public ........................ Title of Officer I hereby certify that the precise residence of the within named mortgagee is.. PSECU c/o James N. Turner, Esq. P art ylv?l I - ymtSerland' t f 251t-S e rnsburg, U101 X 4 hLco/`dei) WI,the office f0T,t tt r u? d for r e C, I V Attorney for ortga o O d Carlislb, soak 924 PACE 118'r ? ? l3 ,? w 0 1ng of t)eCus Pa. I /Ql/ OIL/ , . at k BEING Lot No. B-7 as shown on Page 110A of a certain subdivision plan of lots entitled "Final Subdivision Plan for Westfields" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 54, Page 110 et seq., said plan having been re-recorded from Plan Book 52, Page 139. HAVING erected thereon a townhouse style dwelling unit known and numbered as 14 Westfields Drive. BEING the same premises which Max D. Marbain and Graydon F. Lombard, Co-partners, by their Deed dated Zoolpmjag- , and intended to he recorded immediately prior reto, grante and conveyed unto H. Stuart Biddle and Janice M. Biddle, his wife, mortgagors herein. BOOK 9?4 PAGE R88 ADJUSTABLE RATE RIDER (1 Year Treasury Index-Rate Caps) THIS ADJUSTABI;E RATI ,RIDER is mg5e t tjs 2r7 dl. dayjof ............ r`IOVM)F,# AR............ 19 ....Q$., 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 b the undersi ned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Noce") to....... Pennsylyanirl.. 10P.... Empoygg{„Cre it,U,n„'iQn ..................................................... .............................................................................. (the "Lender") of the same date and covering the property described in the Security Instrument and located at: . EL.DS...I)RIVE,,. MECHANICSBURG ...PENNSYLVANIA 17055 1.4 WESTFI. ............................ ................................................................................................................................... . . [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BOR- ROWER 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. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of ...li.0..5..... %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on 8atA7a #2SK9X......N.Q.V.embex...22.......... 19..... i3.? and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my 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 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 43cdays before each Change Date is called the "Current Index." 60 If the Index is no longer available, the Note Holder will choose a new index which 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 .... wo... and..,......, . .one.,-Aa.lf.,...I....... percentage points (....?.r.5......%) 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 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...7.5......% or less than .7.-.7.S............... %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate of interest I have, been paying for the preceding twelve months. My interest rate will never be greater than .....13.,.:7.5...%. (E) Effective Date of Changes My 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 will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given 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 Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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. MULTISTATE ADJUSTABLE RATE RIDER-ARM 5.1-Single Family-Fannie Mae/Freddie Mac Uniform Instrument Form 3108 3/85 BOOK W-1 PAGE 1189 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 may also 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. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of accelera- tion. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed 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 Adjustable Rate Rider. C - , G ' ?Z.??.[[..??..zz...?....,..c? ............ (Seal) H. SCU; B1 c?Ye Borrower .. . ...... ........ .. ... .. ..... ?........?...?..?.......... (Seal) Janice M. Biddle -Borrower BOOK 324 PAGE11y0 EXHIBIT "C" m C m ti 27 O ? O z? 11 i a d 0 O ;T z ? ? C, o a v 8 w o r v C R d ` o _ a U fU I ? CO E o u?¢ci Ln jm' ??? rq m7 Ca 'a v ?a p O ?i cr j C3 ? ? ¢ N j w v r9 ILn C3 O CL a E??i° CD O -O tl1.t.. ?`m a asa0 ,?o°3 >a A 0f°Eta ci v?..a 10 m 2 ? pq ?v 8 E E mm c a O ? U P Wv? I, ?1 0 3 w t av>.?r... < a U boo C%i N 0 m 0 a r ¢ E ¢ m E O 0 0 2 a m o ?s s G o ? OI L! cm U-) ..a G7 L? m m 2 °^ m U? ? ? U gp d ? ? g cc 2? -- atl 0 (j Q.E m a D c n° o ?• ¢ o a fr. m i ' ?y 92hQ SEEC Zppp 02e2 sa az PSECO DATE December 19, 2011 H. STUART BIDDLE JANICE M BIDDLE 14 WESTFIELD DRIVE MECHANICSBURG, PA 17055 Loan Number: L 1953804668 Property Address: 14 WESTFIELD DRIVE MECHANICSBURG, PA 17055 NOTICE OF INTENTION TO FORECLOSE MORTGAGE DEAR H. STUART AND JANICE M BIDDLE: The EQUITY held by Pennsylvania Employees Credit Union (hereinafter we, us or ours) on your property located at: 14 WESTFIELD DRIVE MECHANICSBURG, PA 17055 IS IN SERIOUS DEFAULT because you have not made the monthly payment (s) and other charges as of your mortgage loan due date: Next Payment Due Date SEPTEMBER 2, 2011 Current Bi-weekly Payment $269.17 Total Monthly Payments Due $2,169.80 Late Charges $0.00 Other Charges: $0.00 Uncollected NSF Fees $ 0.00 Other Fees: $0.00 Corporate Advance Balance: $0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $2,169.80 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $2,169.80: You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $2,169.80, plus any additional interest charge which may fall due during this period. Such payment must be made by cash, cashier's check, certified check or money order. Please remit the total amount due immediately to: PENNSYLVANIA EMPLOYEES CREDIT UNION PO BOX 67013 HARRISBURG, PA 17106-7013 Pennsylvania State Employees Credit Union 1 Credit Union Place, P.O. Box 67013, Harrisburg, PA 17106-7013 - 800.237.7328 - >>psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. PSECO If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately WITHIN A SIX MONTH PERIOD. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 237-7328 X 3125. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are no entitled to this right to cure your default more than three times in any calendar year. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, RCS offers consumers assistance programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar situation. If you would like to learn more about these programs, you may contact the Loss Mitigation Department at 800-237-7328 X 3125 WE ARE VERY INTERESTED IN ASSISTING YOU. Pennsylvania State Employees Credit Union 1 Credit Union Race, P.O. Box 67013, Harrisburg, PA 17106-7013 - 800.237.7328 - >>psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. PSEC?k Attention Service members and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently in the military service, or have been within the last nine (9) months, AND joined after signing the Note and Security Instrument now in default, please notify the 800-237-7328 X 3125 immediately. When contacting Pennsylvania Employees Credit Union as to your military service, you must provide positive proof as to your military status. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569- 4287 or by visiting http:Hwww hud gov/offices/hsp/sf i/hcc/hcs.cfin. You may also contact the Homeownership Preservation Foundation's Hope hotline at (888) 995-HOPE (4673). This matter is very important. Please give it your immediate attention. Sincerely, PENNSYLVANIA EMPLOYEES CREDIT UNION PO BOX 67013 HARRISBURG, PA 17106-7013 800-237-7328 X 3125 Pennsylvania State Employees Credit Union 1 Credit Union Place, P.O. Box 67013, Harrisburg, PA 17106-7013 • 800.237.7328 • >>psecu.com THIS CREDIT UNION 15 FEDERALLY INSURED BYTHE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. PSECO FEDERAL LAW REQUIRES US TO ADVISE YOU THAT RESIDENTIAL CREDIT SOLUTIONS, INC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT ANY INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY, PLEASE PROVIDE US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE NUMBER. Pennsylvania State Employees Credit Union 1 Credit Union Place, P.O. Box 67013, Harrisburg, PA 17106-7013 • 800.237.7328 • >>psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. VERIFICATION PENNSYLVANIA STATE EMPLOYEES CREDIT UNION vs. H. STUART BIDDLE and JANICE M. BIDDLE I, GREGORY DIFFENDERFER, being duly affirmed according to law, depose and say that I am Collection Manager for Pennsylvania State Employees Credit Union; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This 'Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Gregory Diffenderfer !?qq to ?W! fLL ?tiI? AFR: 12 I IY ?• 131 L-1 MI fj;i1, 3ERLAND COU11T Y PENNSYLVANIA BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. H. STUART BIDDLE and JANICE M. BIDDLE, Defendants Attorneys for Plaintiff Pennsylvania State Employees Credit Union COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 12-1854 CIVIL TERM Di? A Ti CIPIPi TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended, without prejudice. BARLEY SNYDER Dated: _ By: Shawn M. Long Attorneys for Plaint' Pennsylvania Sta Ei 126 E. King S eet Lancaster, PA 17602 Credit Union 3526168-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?„ ._, taarr'e?,, 13 A r `" ° Pennsylvania State Employees Credit Union Case Number vs. Janice M. Biddle (et al.) 2012-1854 SHERIFF'S RETURN OF SERVICE 04/03/2012 03:59 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 3, 2012 at 1559 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Janice M. Biddle, by making known unto herself personally, at 14 Westfields Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same, S;i? N TSHALL, DEPUTY 04/03/2012 03:59 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 3, 2012 at 1559 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: H. Stuart Biddle, by making known unto Janice Biddle, Wife of Defendant at 14 Westfields Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. A UTS L, DEPUTY SHERIFF COST: $54.00 April 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF