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Home My WebLink About12-2948M 01 MTV SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : No. 2012 MARK W. MELUSKEY, : Civil Term Defendant : Mortgage Foreclosure NOTICE TO DEFEND THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 C1?I L4 sucy P,14a-7 SO y& r? Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers(a?cgalaw.com SUSQUEHANNA BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARK W. MELUSKEY, Defendant No. 2012 Civil Term Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, TO WIT, this 9th day of May 2012, comes Plaintiff; Susquehanna Bank, by its attorneys, CGA Law Firm, and files the within Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, Susquehanna Bank, is a Pennsylvania corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having a mailing address of P. O. Box 639, Maugansville, Maryland 21767-0639. 2. The Defendant, Mark W. Meluskey, is an adult individual whose last known mailing address is 4175 Kittatinny Drive, Mechanicsburg, Pennsylvania 17050. At all relevant times, the Defendant has been the real owner of a tract or parcel of land with buildings and other improvements thereon located at 4175 Kittatinny Drive, Hampden "Township, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"). The Property is more specifically described hereafter. 4. On or about November 21, 2008, in consideration of a loan of $135,000.00, made by Plaintiff to Defendant, which funds were received by Defendant, the Defendant, as Borrower, executed and delivered to the Plaintiff, as Lender, a Note dated November 21, 2008. (the -`Note"), in the principal amount of $135,000.00 (the 'Principal"), and requiring the payment of interest on the Principal at a rate of 6.000% per annum (the "Interest"). A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 5. The Note obligates the Defendant to pay to Plaintiff the Principal and Interest in monthly payments in the amount $809.39 each, (the "Payments"), on the I" day of each month beginning January 1, 2009, until the Principal and Interest are paid in full. The Note has a maturity date of December 1, 2038. 2 <. 6. The payment to Plaintiff by Defendant of, inter alia, the Payment due under the Note is secured by a Mortgage on the Property dated November 21, 2008, (the "Mortgage"), executed, conveyed and delivered by Defendant, as Mortgagor, to Plaintiff, as Mortgagee. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 7. The Mortgage was duly recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on December 4, 2008 in Instrument No. 200838792. 8. The Defendant has failed or refused to pay the Payments due and payable for April 1, 2012 and May 1, 2012, constituting defaults under the terms of the Mortgage. The total owed for the Payments is $2,418.51. This amount includes late fees and the escrow payments clue. Plaintiff also has paid an appraisal fee in the amount of $20.00. 9. The Property subject to the lien of the Mortgage is described as follows: A. LAND: ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Kittatinny Drive (64 feet wide private), at the dividing line of Lot No. 93 and Lot No. 92, said point also being located 603.18 feet West of the southwest corner of Kittatinny Drive and Tussey Court; thence by line of Lot No. 93, South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point; thence by land of Mountain View Village Home Owners Association North 82 degrees 02 minutes 02 seconds West 50.00 feet to a point; thence by line of Lot No. 91 and passing through the center partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point on the southern right-of-way line South 82 degrees 02 minutes 02 seconds East 50.00 feet to a point, the place of BEGINNING. CONTAINING 5,000 square feet. BEING Lot No. 92 on the Final Subdivision Plan of Mountain View Village, Phase IV recorded in Plan Book 60, Page 87B. UNDER AND SUBJECT, to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 392, Page 787, Misc. Book 393, Page 557; and Misc. Book 414, Page 1102. ALSO UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights-of-way of record including those in Deed Book 104, Page 779. PARCEL ID 10-15-1285-142 B. IMPROVEMENTS: All buildings and improvements erected upon the Property. C. FIXTURES: All fixtures attached to the Property. D. PROPERTY RIGHTS: All hereditaments, appurtenances, reversions and remainders, rents, issues and profits therefrom. 10. 4 i The terms of the Mortgage provide that upon the occurrence of a default by the Defendant. the Plaintiff may accelerate and demand immediate payment of all sums secured by the Mortgage. The sums presently due and payable to Plaintiff by Defendant and secured by the Mortgage are computed as follows: A. Unpaid Principal $129,228.74 B. Unpaid Interest through 5/2/12 $ 1,323.86 C. Late charges through 5/2/12 $ 283.29 D. Appraisal fee $ 20.00 E. Attorney's fees (estimated) $ 6,500.00 TOTAL $137,355.89 12. A Notice of Intention to Foreclose Mortgage as required by as required by 41 P.S. §403 was sent to the Defendant on March 9, 2012 by first-class mail and certified mail, return receipt requested. The Defendant has failed to cure all the aforementioned defaults. A true and correct copy of the notice is attached hereto as Exhibit "C" and incorporated herein. 13. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in 5 writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in the sum of $137,355.89, together with costs and interest accruing at the rate under the Note, ($20.79064 per day), from the date hereof, and demands foreclosure and judicial sale of the interests of the Defendant, in the mortgaged Property. CGA Law Firm By: Sharon E. Myers Esquire PA 32111 135 North George Stre-et- York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 smyers@cgalaw.com 6 VERIFICATION I hereby affirm that the following facts are correct. The attached Complaint in Mortgage Foreclosure is based upon information which has been furnished to counsel in the preparation of this document. The language of the Complaint in Mortgage Foreclosure is that of counsel and not mine. 1 have read the Complaint in Mortgage Foreclosure and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint in Mortgage Foreclosure is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Complaint in Mortgage Foreclosure are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. SUSQUEHANNA BANK By: ?Dated: May ,??_, 012 NOTE Loan#: E085746 November 21, 2008 Lancaster PA (Datel ICAYI IS11141 4175 Kittatinny Drive, Mechanicsburg, PA 17054 [Property Addrms] 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, 1 promise to pay U.S. S 136,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Susquehanna Bank l will make all payments under this Note in the form of cash, check or money order. I understand that the 1.crider 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. INTIFREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.000%. The interest rate required by this Section 2 is the rate I will pay both before and aRer any default described .in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Plaes of Payments I will pay principal and interest by melting a payment every month. I will make my monthly payment art the 1't day of each month beginning on January 2009. 1 will make these payments every month until I :rave paid all of the principal and €nberest and any other charges described below that I may owc 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 December 1, 2038, 1 still owe amounts tuider this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." 1 will matte my monthly payments at 4985 West Market Street, York, PA 17408 or at a different place if required by the Note Holder. (8) Amount of Monthly Payments My monthly payment %k-ill be in the amount of U.S. S 809.38 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I makc a Prepayment, .I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I otve under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid Interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make it partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULT1STAtE FMD RAT[ UOTE • 94.0k Family. Fannie Maeih.dtle Mee U91FORU M/STRUMENT VYP 4?faFtort 14vue[ RnanUa! Servicaf Form 3200 1101 «xl;ale #tk vMPS Pipet y?3 EX IBIT a a Loar*: E085746 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal i owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Ch9rge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 16 calendar days after the date it is due, I will pay a late eharce to the Note Holder. The amount of the charge will be 6.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default lf' 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 n,e to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in defy-alt, the Note Holder does not require me to pay immediately in full as described above, the dote Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costa and Expenses If the Note Bolder 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 applicabic law. Those cxpcnscs include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES t}nlcss applicable law requires a different method, any notice that must be given to me under this Vote will be given by delivering it or by mailing it by first class ntail to me at the Property Address above or at a different address if I .give the Note I folder a notice of my different address. Any notice that must be given to the ?Dote Holder under this Note will be given by delivering it or try mailing h by first class mail to the Note Bolder at the address stated in Section 3(A) above or at a different address if f am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Now, each person is folly and personally obligated to keep all of the promises made in this Note. including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require tht- 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. MULTISTATE FIXED RATr Norc - So& Family - Fbr * MadF-fte MK L"WQRM INSTRUMENT ? i Form 3200 1101 VMP a1 d ,1 VMP5N (08031.01 writes K -a, F-o4l Se-s as i 1 t! JV ' Pspa 2 Of 3 Loan#:EQ85746 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections) given to the Note Holder under this Note, a Mortgage, Iked of Trust, or Security Deed (the "Security Instrument'% dated the some date as this Note, protects the Note [folder 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 1 may be required to maltie immediate payment in full of all amounts 1 owe under this Note. Some of those conditions arc dcseribed as follows: if all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, l.cndor may require immediate payment in full Of all sums secured by this Security Instrument. however, this option shall not be cccr0sed by Lender if such exercise is prohibited by Applicable Law. If I.endcr exercises this option, Lender shall give Borrower notice of acceleration 'rho notice shall provide a period of not less than 34 days kmn the date the notice is given in accordance with. Section 15 within which Borrower .must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. A'1 ESS THE H D($) AND SEAL(S) OF THE UNDERSIGNED. I E (Seal) (Seal) a . Me eY ? ?Krhmncr . •ftorrotivcr J (Seal) (Seal) -Horrowvr •Hprrov cr (Seal) (Seal) .Borrower Rorrovmr (Seal) (Seal) -1301rower -Abrro"r [K.'" Original Only] MULTISTATE FIXED RATE W-pt -"S Fo Wly • Fame MaelFFrode Mar, 6"FORIA INSTRUMENT / form 3200 W1 vMP 1J J; I vNips (Oafl31.01 yftwn KAIWer Finar oal Sariges 'F r{t S j Pa9a 3 01 if Loan S: E085746 ADDENDUM TO NO'T'E AUTO-DEBIT PREFERRED UTE momAm Nate Amount: $ 135,000.00 Datc: November 21, 2008 Preferred Rate Feature: The interest rate is a preferred rate reflecting a discount equal to .25% per arurum, This preferred rate is of m-ed in cousidemdon of my agreement that all regularly sebeduled payments will be paid by automatic debit from my designated Susquehanna ebookimg or savings acmar. If I fail to provide flue consideration, unless otherwise required by law, ft nterest rate will increase .25% (the "Rate Increase Event'!. Example of Effect Of Amual Percentage Rate Increase: Should the interest rate increase by 25% per annum pursuant to the conditions for such increase outlined in the paragraph above untitled "Preferred Rate l; eaturc", all rights to receive the Preferred. Rate Feature A-ill be forever terminated. Upon the oocutrcaoe of any rate increase, my payment amount can be increased. I will be notified in writing at least 25, but not more than 120 bays before the due date of a payment at a now ImL This notice will contain inibrmation about the interest rate, payment amount and loan balance. I/We agree to the terms of this Agr=cnt and acknowledge receipt of a completed cop; of this Addendum. Witness / A t: aFk W. We ttokey Susquuhmns Md"dumic Note Autu.Dobit N4=ed Rau Program Addendum Revised 3!31146 0016DL Prepared By: Amy Murray Loan Closer Return To: Susquehanna Mortgage 307 International Circle, Suite 640 Hunt Valley, MD 21030-1376 Parcel Number: 10-16-1286-142 Premises: 4175 Kittatinny Drive, Mechanicsburg, PA 17050 ISpacc Above This Line For Recording Uatal MORTGAGE Loan #: E085746 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 21, 2008 together with all Riders to this document. (B) "Borrower" is (Nark W. Meluskey Borrower is the mortgagor under this Security Instrument. (C) "Under" is Susquehanna Bank Loan #: E085746 PENNSYLVANIASingle Famiy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP 11.11 Kluwer Financial Services Form 3038 1/01 VMP6(PA) (0804) Iralaas: Page 1 0/18 EXHIBIT v r Lender is a Corporation organized and existing under the laws of Pennsylvania Lender's address is 4185 West Market Street, York, PA 17408 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated November 21, 2008 The Note states that Borrower owes Lender One Hundred Thirty Five Thousand Dollars (U.S_ $135,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later December 1, 2038 (E) "Property" means the property that is described below under the heading "Transfer of Rights in late Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider X Planned Unit Development Rider 14 Family Rider VA Rider Biweekly Payment Rider X Other [specify]: Legal Description (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, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property, (ii) condemnation or other taking of all or any part of the Property, (iii) conveyance in lieu of condemnation, or (iv) 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. Loan #: E086746 PENNSVLVANIXSisii)le Family-Fannie UN51addis Mac UNIFORM INSTRUMENT Form 3039 1/01 VMP VMP6(PA) (0804) Wdlars Nluwor Financial services irl6ais; t ?+ ` Page 2 of 16 (N) "Periodic Pigment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the steal Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Rcgulation X (24 C.F.R. Part 3500), as they might be amended from time to tinge, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security lnslrument, "RE:SPA" refers to all requirements and restrictions that arc imposed in regard to a "federally related mortgage lawn" even if the Loan does not qualify as a "federally relaled mortgage loan" under RESPA, (P) "Successor in interest of Borrower" means any party that has taken title to the Property, whether or not that patty has assumed Borrower's obligations under the Note and/or this Security Instrument. T RANSFER OF RIGHTS IN THE PROPERTY This Secufto, instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the pcrfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County (Type o!' Recording lari?atdiunl Of Cumberland !Name of Rcc,)rdknb Juis41c6wl: See legal description attached hereto and expressly made a part hereof. which carrantly has the address of 4176 Kittatinny olive Istrmtl Mechanicsburg !Caul, Pennsylvania [zip cMej 47050 ("Property Address" ): TOGETHER WITH all the improveinents now or hercafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of tho property. All replacements and additions shall also be covered by thk Security instmment. All of the foregoing is referred to in this Loan #: E086746 Security Instrument as the "Property." PPEE VMP NNSYLVANW8ingle fam9rFannle NaetFredOle 418c 410FORM INSTRI)PAENT Form 3039 1101 Woner?s Kromer fMandal fiervl?a A' lKPe(PAJ (0 lnuftn Qayc J of YA , BORROWk,ER COIrENANI-S 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of Principal. Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the 'rote and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. 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 l,cndcr as payment under the Note or this Security instrument is returned to tender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following forms. as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution %vhosc deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by tender when received at the location designated in the Note or at such other location as may be designated by tender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such pavments arc accepted, If each Periodic Paytnent is applied as of its scheduled due date, then Lender nerd not pay interest on unappiied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. if Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding; principal balance tinder the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve l3orrower from making payments due under the Note and this Security Instrument or performing the covenants and agrcement5 secured by this Security Instrument. 2. Application of Payments or Proceed& 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 dire under the ?dote; (b) principal due under the Note; (e) amounts due under Section 3. Such payments shall he ahrslied to cacti Periodic Payment in the order in which it became due. Any remaining amounts shah be applied first to tale charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance or the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repaymem of the Periodic Payments if, and to the extent that, each payment can be. Loan #: 12085746 PENNSYLVANIA-S,n9io ramp-? snnm Mae.rredo Mac [N(FORU INSTRUMENT 1 Form 3039 Ito, vtlopo? Ki-or r.,,srciar Servos <<6k•ro; ++ MI P A)4 0") 9e a 0 i ' paid in full. 'I'o the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount. of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Nate, 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 lion 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 stuns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance prcmiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrowers obligation to pay to tender Funds for any or all Escrow Items at any Ume. Any such waiver may only be in writing. In the event of such waiver. Borrower shall pay directly, when and where payable, the amounts due for any F.scrow Items for which payment of Funds has been waived by bender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to he a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lander may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15. and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, caliect and hold Funds in an amount (a) suMcient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the arnount of funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency. instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the .Funds, annually armlyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower intcrest 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 shalt not be required to pay Borrower any interest or earnings on the funds. Borrower and Lender can agree in writing, however, that interest Loan #. E085746 PENNSYLVAANh6r4e FerAy-Famm WsWredcin Use UWFOF411 INSTRUMENT f ? Fwm 3039 7M1 V11%p ®a Khwet FManeial Svv ax nstia!a l l f NPPalo ?W6 i shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more that 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RE-SPA, 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 Cunds 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 arc 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 Leader, but only so long as Borrower is performing such agreement; (b) consists the lien in good faith by. or defends against enforcernertt 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 arc concluded, or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 slays of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including. but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Bormwcr to pay, in connection with this Loan. either; (a) a one-time charge feu flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Loan, #: E085746 PENNSYLVANIA, Single F::miq.c*ai,m Ll.w.rndac Mac UNIFORM INVRUVENt / FWM 3039 1101 + /M IPW- aget6 aae -X S K)ol v r;.lan-l 9arvwta o- M»-s I ? ! l ?{ ??;' t If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase anv particular type or amount of covemUe. 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 S 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. It 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 Lender as mortgagee and/or as an additional loss payee. In the evenr 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, uny insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower, if the restoration 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 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section ?. If Borrower abandons the Property, Lender may file, negotiate and settle art}- mailable 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, theft 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 23 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount tern to exceed the amounts unpaid under the Note or this Security Instnrment, 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. Lerider may use the 'insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the ':Vote or this Security instrument, whether or not then due. Loan #: E086746 PFNNSYLVANIA.Sm9J# Fualy-Fannb Maegreddie Mac UNIFORM INSTRUMENT Form 3039 1101 . r all WoR Ktvwe: knmgal Sor-s 'irllb$0ts vMF'6(Pgo t all G. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within GD 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 occarpancy, unless Lender otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless extenuating circumstance exist which am beyond Borrowers control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether m not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property fi-am deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. if the insurance or condemnation proceeds arc not sufficient. to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. !.ender or its agent may make reasonable entries upon and inspemions of the Property, If It has reasonable cause, lender may inspect the interior of the improvements an the Property. Lender shaft give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Lavin Application, Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with .Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the loan. Material representations include, but are not limited tin, representations concerning Borrower's accupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property sod Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreetnents contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lendeet laterest in the Propaty and/or rights under this Security Instrument (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture, for enforocment of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security lnstrurnent; 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 lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect Its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Scouring the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board tip doors and windows, drain water from pipes, eliminate building vt other code. violations or dangerous conditions, and have utilities turned on or oil Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do so, it is agreed that Lender incurs no liability for not taking any or all actions authori7cd under this Section 9. Loan *: E085746 Form 300 tl oI PENNSYLVAVA,Sk Ufa Family-Finnic Maw-ioddte Msc UNIFORM 14STRVMENT wo VMA VMPOMAJ (O80< wd0sr4 Kruwer Financial sermas P4pe a Or l? t 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 harrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee We 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 avai.lahle 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 e5ect, at a cost substantially equivalent to the cost to Borrower of the Mortgagee Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount:of the separately designated payments that were due when the insurance coverago ceased to be in effect, Lender will accopt, use and retain these payments as a non-refundable loss reserve in lieu of 'Mortgage Insurance. Such loss .reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in frill, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, 4 obtained, and Lender requires separately designated payments toward the premiums far Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until terminadon is required lby Applicable Law, Northing in this Suction 10 affects Borrower`s obliZption to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entry that purchases the Note) for certain tosses it may incur if Borrower does not repay the Lcian as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other partief that share or modify their risk. or reduce lasses. "These agreements are on terms and conditions that are satisfactory to the mortgage irmrer and the other patty (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 reinsur,er, any other entity, or any afI"iliate of grey of the foregoins, .tray receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affliatc 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: (R) Any sn.eh agreements will not affect the amounts that Borrower has agreed to p»y for rviortgnge insumnee, or any other terms of the Lose. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Loan #: E085746 PFNN3VLVANIF-SInp1e Fen*Fannfe MaalFreaeN Mac WAFORM INSTRUMENT Fan 3030 tMt YNP? PA)t00 WWtera Kluwer pinaacla15ervices InG1fi ? Pape 8 d t (b) Any such agreements will not affect the rights Borrower has - if any • with respect to the Mortgage Insurance under the Homeowners Protection Acct of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive it refund of any Mortgage insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds arc hereby assigned to and shall be paid to lender. If the Property is damtgod, 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 bald such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfacaion, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscetlaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with. the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a totai taking, destruction, or loss in value of the Praperry, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whefluir 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 tiro 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 or the sums secured immediately before the partial taking, dostruction, or loss in value divided by (b) the fair market value of the .Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial IaUng., 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 Icss than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender othawise egret in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then chic. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing. Parry (as defined in the next sentence) offers to make an award to settle a claim for damages, Iiorraww fails to respond to Laurier within 30 days after tho date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or rmt then due. "Opposing party" means the third Marty 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 tinder this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 14, by causing the action or proceeding to be loan #; E086746 PENNSYLVANIA-angle Famtp Pannia MialFfadcia Noe UNFORN W57HUNENI Form Un 1171 Vb1A? / V";,A)(0004 Wdxw Kluwer Faanclal :erews lit.tiaiff Page 10 of 10 ( t 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 Misceilancous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not ReleAsed; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Leader shall not be required to commence proceedings against any Successor in lnterest of Borrower or to refusc to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "cosigner"): (a) is co-signing this Security instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument. and (c) agrees that lender and any other Borrower can agree to extend modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall bind (except as provided in Section 20) and henefit the successors and assigns of Lender. 14. Loan Charges. Linder may charge Borrower fees for services perforated in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable I.aw. If the Loan is subject to a law which sets maximum loan charges, and that lacy is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security instrument shall be deemed to Loan#:E086746 PENNSYLVANIA-SA91a Fam,lyFanMc lAwFradeM Mae UNWORU INSTRUMENT Ferm 3030 1101 VMP VMPOtPA) (0801')) 78 ..1% Kluwer Flwc a! S*Meaa 1?"als Pcgo t 1 0, 1 have been given to Borrower %vhen mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. if Lender specifics a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not he deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severahiltty; 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 outer provisions of this Security instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 1.7. 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 i 8, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Boroewer 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 cx 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 specifv for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Thosc conditions are that Borrower: ta) 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 Loan * E086746 1'ENHSt'LVAh7M Single rBmity-fiin,q Meufntlt:e Mac VNIFQRM :ry$TRVMENT ' Vi? n039 1101 Wd:9n Klvwe? Fins,:tul :.EP/! rvt,a.o Pege 12 M 78 1 agreements. (e) pays all expenses incurred in enforcing this Security Instrument, including„ bl?t not limited to, reasonable attorneys' fees, property inspection and valuation fires, and other fcq incurred for the purpose of protecting icnder's interest in'the Property and fights under this .Security lnstrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security lnstrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged Larder may require that Borrower pay such reinstatement sums and expenses in one or more of the following fortes, as selected by Lender: (a) cash; (b) money order; (c) certified check, batik 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 scoured 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. Sine of Note; Change or Lnan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that coliccts Periodic Payments due under the Note and this Socttity Instrument and performs other mortgage loan servicing obligations under the Not, this Security Instrument, and Applicable Law. `there also might be one or more ohanges ofthe Loan Scivicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state: the name and address of the new Loan Servicer, the address to which payments should be made and any miter information RES.PA requires in connection with a notice of transfer of servicing. If tho Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to it 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 arty judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements .of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action- If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section IS shall be deemed to satisfy the notice and opportunity to mite corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental. Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioaciive.materials; (b) "Environmental Law" [Weans federal laws and laws of tho 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 "Envirinmcntal Condition" means a condition that tan cause, contribute to, or nthl:rwise trigger an Environmental Cleanup. PEN SYLYANIA-Slogle fm5 V-FaaMe lAUT10e1.1je Mae UMFORM INSTRUMENT VIAP W" . moron Flnucial Services Loan * E086746 Jj Form 3229 1 ro 1 f1 f47aly ?l Aepe 13 W 16 VMP ?Ar 1?? 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 pregence, 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 patty involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Environmental Condition, including but not limited to, any spillin& leaking, discharge, release or threat of release of any Iazardous 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 teams, or is notified by any governmctTtal or regulatory authority, or any private party, that any removal or other rernediation 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 EnvironmermiJ Cleanup. NON-UNfFORM COVENANTS. Borrower and tender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default, (c) when the default must be cured; sad (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 safe of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' tees and costs of title evidence to the extent permitted by Applicable Law. 23. Reieast- upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. Afler such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted b Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrumint, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26, Purchase Money Mortgage. If any of the debt securest by this Security Instrument is lent to Borrower to acquire title to the property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After.ludgment Borrower agrees that the interest rate payable after a judgmern is entered on the ?rote or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA, $M ID FaMay-Finale 1680`Fr0004 Mac UNIFORM INSTRUMENT // =o-'7+7 30S811a1 MP? ! ?dJ?,? VMPS(PA) (0804) vV1111 a Khmer FIAMAGW.Services In'.eaiS ?,?j)_? page 14 or 16 s This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). Loan #: E085746 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrowrr (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Loan #: E083746 PENNSYLVANIA-Single Family-Fannie MaeOFreddie Mac UNIFORM INSTRUMENT Kluwer Ffwncial Servleee VMP f +' ?{ Form 3039 1001 {V?U/'AI/)tl\ VMPI, (0904} :MU816. Pegs 15 of 16 COMMONWEALTH OF PENNSYLVANIA, tare aS-&r County ss: On this, the 21 day of November 2008 personally appeared before me, A-Af, redf the undersigned officer, Mark W. Meluskey, known to me (or satisfactorily proven) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 110TAAIAI SEAL CHUNW AIM Nolw Plum 211' Cf L4WA NR. LANC40 0 COW wv Cantn b&m 1h-0 Jon 4.8012 f .17 ? 'fitlt: v1'Ofticer --- Certiflc t?o^of Residence I ?il` Jj f ?J/( do herehy certify that the correct ad refs o t e wt to-named Mortgagee is 4185 West Market Street, York, PA 17408-5933. Witness nnr hand this 21 day of November 2008. Agent oi'Mongagee PENNSYLVANIA-Single Family-Fannie Mae/Fietleie Mac UNIFORM INSTRUMENT VMP • Writers Kluwer Finanual Services initials Ut)r30N1/Dl PA1 age 16 off 6 I C*ESTCGA TITLE INSURANCE Co. SCHEDULE "C" Commitment No, 0604-08-1449 File No. 08-1449 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Kittatinny Drive (64 feet wide private), at the dividing line of Lot No. 93 and Lot No. 92, said point also being located 603.18 feet West of the southwest corner of Kittatinny Drive and Tussey Court; thence by line of Lot No. 93, South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point; thence by land of Mountain View Village IIonic Owners Association North 82 degrees 02 minutes 02 seconds West 50.00 feet to a point; thence by line of Lot No. 91 and passing through the center partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point on the southern right-of-way line South 82 degrees 02 minutes 02 seconds East 50.00 feet to a point, the place of BEGINNING. CONTAINING 5,000 square feet. BEING Lot No. 92 on the Final Subdivision Plan of Mountain View Village, Phase IV recorded in Plan Book 60, Page 878. UNDER AND SUBJECT, to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 392, Page 787; Misc. Book 393, Page 557; and Misc. Book 414, Page 1102, ALSO UNDER AND SUBJECT, NEVERTHELESS, to casements, restrictions, reservations, conditions and rights-of-way of record including those in Deed Book 104, Page 779. BEING part of the same premises which Yingst Hones, [tic., a Pennsylvania Corporation, by its decd to be recorded simultaneously herewith, in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Marsha D. Troup. PARCEL ID 10-15-1285-142 V AL ,e CERTIFIED MAIL 91 7199 9991 7030 6664 0066 Date: March 8, 2012 TO: Mark W. Meluskey RE: Mortgage Loan # XX075880 Susquehanna Susquehanna Bank P.O. Box 639 Maugansville, MD 21767-0639 Toll free 888.722.7270 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Susquehanna Bank now Susquehanna Bank, (hereinafter we, us or ours) on your property located at 4175 Kittayinny Drive Mechanicsburg, PA 17050 A. IS IN SERIOUS DEFAULT because you have not made monthly Rgyments and other charges for February 1 2012 thru March 1, 2012 as follows: Principal Amount Due: Interest Amount Due: Attorney Fees: Appraisal Fees: Title Search: Force Placed Insurance: Escrow: Other: Late Charges: $ 324.06 $ 1,294.72 _ $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 797.04 $ 0.00 $ 202.35 TOTAL AMOUNT TO CURE THE DEFAULT $ 2,618.17 The total amount now required to cure this default, or in other words, get caught up with your payments, as of the date of this letter is $2,618.17. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) 0.00 2459591-1 EXHIBIT You may.cure this default within THIRTY (30) DAYS, of the date of this letter, by paving to us the above amount of $2,618.17, plus any additional monthly payment and late charge which may become due if payment is not made by April 10, 2012. Such payment must be made either by cash, cashier's check, certified check or money order and sent to: Susquehanna Bank C/o Susquehanna Loan Center P.O. Box 639 Maugansville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 0.00 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 mort" pd 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. Such suit against you personally may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheriff s sale. If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property, you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure. If you have obtained an Order of Discharge from the United States Bankruptcy Court, which includes this debt, we are not attempting to obtain a judgment against you, nor are we alleging that you have any personal liability for this debt. We may, however, take action against the property pledged as collateral for the debt, which may include repossession and/or foreclosure of the property. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the rig-ht to cure the default and prevent the sale at any time up to one hour before the 2459591-1 a Sheriff s 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 July 6.2012. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: Name of Lender: Susquehanna Bank Address: C/O Susquehanna Loan Center, P.O. Box 639, Maugansville, MD 21767-0639 Phone Number: 888-722-7270 ext. 27222 Fax Number: Contact Person: E-Mail Address: 240-313-1563 Deborah LoanCtr-Collections(a?,susquebanna.net This payment must be in cash, cashiers 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 Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests 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 HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, Susquehanna Bank offers consumer 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 Susquehanna Bank Collections and Recovery Department 1-888-722-7270. WE ARE VERY INTERESTED IN ASSISTING YOU. Attention Servicemembers 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 us immediately. When contacting Susquehanna Bank 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. 2459591-1 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://www.hud.gov/officesJisg/sMcc/hes.cfm. 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. Deborah, Collector II Susquehanna Bank 1-888-722-7270 ext. 27222 2459591-1 ? r d vs Q v l G'O C? CV? W O y i ?I yid v 04 as 3fl00dlZ woaj-a31Fvwr'-, 7 oz: 6 i0 t/l??w SSh :L Zb 000 6L zo S]MUfl AM IM , G ". ®ff '. 17-?606 soy l 0 f k S, 4, w U) coy ?t7c ? A Z K r v ? nC r OW m <? 0 N V v 0 ww 0 c~n :i7 O o 0 Z C ?. LO ? D cr Cl) ai ? '-11 r wC„Z?CCn OP o? G7 o T. C, cr .?.,..__._. D N M ` ?` ` rLn Iriv C) 1hp u ry'? ? ?? n ?a LP o ML ?# lilt ' t I on : CGA LAW c I RV SUSQUEHANNA BANK Plaintiff(s) vs. MARK W. MELUSKEY Defendant(s) 717 843 9039 05/10/2012 14:24 #008 P.002/009 FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -- a - ?f CJ Civil -- NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate In a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference Is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectf y bmi ed- May 10, 2012 _ Date Signature of C n I r Plaintiff ?' • t? 15y M 2= L Vi,-q?j?j SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. -/2' 2012 : No. 1 P,' a? ( MARK W. MELUSKEY, : Civil Term Defendant : Mortgage Foreclosure NOTICE TO DEFEND THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 C) S.7S a a -7 SO Z10 Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@,cgalaw.com SUSQUEHANNA BANK, Plaintiff V. MARK W. MELUSKEY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2012 : Civil Term : Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, TO WIT, this 9th day of May 2012, comes Plaintiff, Susquehanna Bank, by its attorneys, CGA Law Firm, and files the within Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, Susquehanna Bank, is a Pennsylvania corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having a mailing address of P. O. Box 639, Maugansville, Maryland 21767-0639. 2. The Defendant, Mark W. Meluskey, is an adult individual whose last known mailing address is 4175 Kittatinny Drive, Mechanicsburg, Pennsylvania 17050. 3. At all relevant times, the Defendant has been the real owner of a tract or parcel of land with buildings and other improvements thereon located at 4175 Kittatinny Drive, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"). The Property is more specifically described hereafter. 4. On or about November 21, 2008, in consideration of a loan of $135,000.00, made by Plaintiff to Defendant, which funds were received by Defendant, the Defendant, as Borrower, executed and delivered to the Plaintiff, as Lender, a Note dated November 21, 2008, (the "Note"), in the principal amount of $135,000.00 (the 'Principal"), and requiring the payment of interest on the Principal at a rate of 6.000% per annum (the "Interest"). A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 5. The Note obligates the Defendant to pay to Plaintiff the Principal and Interest in monthly payments in the amount $809.39 each, (the "Payments"), on the 1St day of each month beginning January 1, 2009, until the Principal and Interest are paid in full. The Note has a maturity date of December 1, 2038. 2 6. The payment to Plaintiff by Defendant of, inter alia, the Payment due under the Note is secured by a Mortgage on the Property dated November 21, 2008, (the "Mortgage"), executed, conveyed and delivered by Defendant, as Mortgagor, to Plaintiff, as Mortgagee. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 7. The Mortgage was duly recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on December 4, 2008 in Instrument No. 200838792. 8. The Defendant has failed or refused to pay the Payments due and payable for April 1, 2012 and May 1, 2012, constituting defaults under the terms of the Mortgage. The total owed for the Payments is $2,418.51. This amount includes late fees and the escrow payments due. Plaintiff also has paid an appraisal fee in the amount of $20.00. 9. The Property subject to the lien of the Mortgage is described as follows: A. LAND: ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Kittatinny Drive (64 feet wide private), at the dividing line of Lot No. 93 and Lot No. 92, said point also being located 603.18 feet West of the southwest corner of Kittatinny Drive and Tussey 3 Court; thence by line of Lot No. 93, South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point; thence by land of Mountain View Village Home Owners Association North 82 degrees 02 minutes 02 seconds West 50.00 feet to a point; thence by line of Lot No. 91 and passing through the center partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point on the southern right-of-way line South 82 degrees 02 minutes 02 seconds East 50.00 feet to a point, the place of BEGINNING. CONTAINING 5,000 square feet. BEING Lot No. 92 on the Final Subdivision Plan of Mountain View Village, Phase IV recorded in Plan Book 60, Page 87B. UNDER AND SUBJECT, to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 392, Page 787, Misc. Book 393, Page 557; and Misc. Book 414, Page 1102. ALSO UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights-of-way of record including those in Deed Book 104, Page 779. PARCEL ID 10-15-1285-142 B. IMPROVEMENTS: All buildings and improvements erected upon the Property. C. FIXTURES: All fixtures attached to the Property. D. PROPERTY RIGHTS: All hereditaments, appurtenances, reversions and remainders, rents, issues and profits therefrom. 10. 4 The terms of the Mortgage provide that upon the occurrence of a default by the Defendant, the Plaintiff may accelerate and demand immediate payment of all sums secured by the Mortgage. 11. The sums presently due and payable to Plaintiff by Defendant and secured by the Mortgage are computed as follows: A. Unpaid Principal $129,228.74 B. Unpaid Interest through 5/2/12 $ 1,323.86 C. Late charges through 5/2/12 $ 283.29 D. Appraisal fee $ 20.00 E. Attorney's fees (estimated) $ 6,500.00 TOTAL $137,355.89 12. A. Notice of Intention to Foreclose Mortgage as required by as required by 41 P.S. §403 was sent to the Defendant on March 9, 2012 by first-class mail and certified mail, return receipt requested. The Defendant has failed to cure all the aforementioned defaults. A true and correct copy of the notice is attached hereto as Exhibit "C" and incorporated herein. 13. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in 5 writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in the sum of $137,355.89, together with costs and interest accruing at the rate under the Note, ($20.79064 per day), from the date hereof, and demands foreclosure and judicial sale of the interests of the Defendant, in the mortgaged Property. CGA Law Firm By: Sharon E. Myer's Zs uire PA 32111 135 North George Stre-et-- York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 smyers@cgalaw.com 6 VERIFICATION I hereby affirm that the following facts are correct. The attached Complaint in Mortgage Foreclosure is based upon information which has been furnished to counsel in the preparation of this document. The language of the Complaint in Mortgage Foreclosure is that of counsel and not mine. I have read the Complaint in Mortgage Foreclosure and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint in Mortgage Foreclosure is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Complaint in Mortgage Foreclosure are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. SUSQUEHANNA BANK By m ..........._... Dated: May 1--&,012 NOTE Loa n#: E086746 November 21, 2008 Lancaster PA (Date) Icuyl Istatel 4175 Kittatinny Dive, Mechanicsburg, PA 17050 (Property Addrewl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay US. S 136,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. Ths lender is Susquehanna Bank l will make all payments under this Note in the form of cash, check or money order. I understand that the I.ertder 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 bolder." 2. INTFRBST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 6.000°/0. The interest We required by this Section 2 is the rate I will pay both before and after any default described in Section b(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by maldng a payment every month- 1 will make my niottthly payment on the 1" duty of each month beginning on January 2009. 1 will make these payments every month until I havo paid all of the principal and Inrixest and any other charges described below that I troy owe under this Note. Bach monthly payment will be applied as of its alteduled due date and will be applied to Interest before Principal. If, on December 1.2038 , 1 still owe amounts tudw this Note, I will pay those amounts in full on that date, which is called the "'Maturity Date." 1 will make my monthly payments at 4186 West Mariaet Street, York, PA 17408 or at a different place if required by the Note Holder. (0) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 808.38 4, BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a prepayment, ! will tell the Note Holder in writing that I am doing so. I may net designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepaytneats without paying a Preapayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid Interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MUULLMSTAte FIXED RATE Molt . M n'* Famh • Famle NasiAmMe Mee UNIFORM INSMUKNT VMFPlm 4Y =0 191 Kkww Fa+aneul series alwo /444- =031 EX IBIT t_oar* +E085746 S. 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 sutras already collected from me which exceeded permitted limits will be refttttded to me. The Now Holder may choose to snake this wfu nd by reducing the Principal I owe under this Note or by making a direct payment to me. If it refund.reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) t.ate Charge 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 chance 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 rile to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Bolder Even if, at a time when I am Ln default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the rifht to do so if I am in default at a later time. (K) Payment of Note Holder's Costa 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 expcnaes include, for example, reasonable attorneys' fens. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given tome under Ws 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 Iiolder a notice of my different address. Any notice that must be given to the ?dote Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated its Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ir more than one person signs this Note:, each person is 1411y 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 persolt who takes over these obligations, including the obligations.af 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 tights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Bolder 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. MULTISTATE FIXED RATE NOTE - $;Woo Fan* - Fwml MaWn-466 MK U41FORM INSTRUMENT Fwm 32001101 VMP9NfOB00 01 ZP KkMW FrA=nf Seniea ?" lrro ? 'W ! -=,Of z Loan: E066746 10. UNIFORM SECURED !VOTE This Note is a uniform instrumern with limited variations in some jurisdictions. In addition to Oic protections given to the Note Holder under this Note, a Mortgage. Deed of Trust, or Security teed (the "Security Instrument"), dated the some date as this Note, protects the Note Holder from pcusible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to male immediate payment in full of all amounts I owe under this Note. Some of those conditions are desordbad as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all stuns secured by this Security Instrument. However, this option shall not be eternised by I. ender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration Tire notice shall provide a period of riot loss than 30 days fiam the date the notice is given in accordance with. Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WI*ESS THE S) AND SEAL(S) OF THE UNDERSIGNED. (Sea]) (mil) i B ey -llrytrawcr', •tiorrawer T (Seal) (Seal) •Barmwor -99rr mer (Seal) (Seal) ,norms -Borrouwr _(seal) (Seal) 4301rowor •IWtrower [34" Of iginol only] MULTISTATE FIXED RATE WTE -$Woo Fw* - Or-e Maartrmddle Mac Ufaf'OW NSTRUMENr a h } KCa t4r V??N?.l Wft" Iansar lrw"&l sarubu Loan it: E085746 ADDENDUM TO NOTE AUTO-DF&IT r3crZF1g1tRED MATE PROGRAM Note Amount: $1.35,000.00 Date: November 21, 2008 Preferred Rate Feature: Ttie interest rate is a preferred mte reflecting a discount alual to .259E per ate. This preferred rate is o#fexed m C=ddarstion of MY $5MCInCtit that an regularly scheduled payments will be paid by autoruatic daWt fim my designated Swqud = checking or savings aowwt. if I fail to provide this o=idemtim wgm otherwise requirod by law, #ta interest raze will incroasc .25% ttha "RM Increase Evan. Example of Effect Of Annual Pere-ettage Rate Increase: Should the interest rate. incroase by 15% per annum pursuant to the conditions for such ineres so outtined im the paragraph above entitled "Prefmxcd Raid Feature". all rights to receive the Preferred Rate Feature Arill be forever terminated. Upon the occurceace of any raw increase, my payment amount can be hwreased. I will be notified in writing at least 25, but not more d= 120 bays before the due date of a payramt at a now level. This notice will coaWn iritbrmation about the interest rate, payment amount and loan balance. I/We agree to the terms of this Agn=ent and acknowledge receipt of a completed copy of this Addendum. Witness 1 A . / ?7 S u4u+rimme Mdendta w Note Auld-Debit Pr6=vd Reel Nor= Addendum Revised 3!71106 IA?N?DIII? Prepared By: Amy Murray Loan Closer Return To: Susquehanna Mortgage 307 International Circle, Suite 600 Hunt Valley, MD 21030-1376 Parcel Number: 10-15-1285-142 Premises: 4175 Kittatinny Drive, Mechanicsburg, PA 17050 - (Space Above This Line For ReeonNa; Dahl MORTGAGE Loan * E005746 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 21, 2008 , together with all Riders to this document. (B) "Borrower" is mark W. Moluskey Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Susquehanna Bank PENNSYLVANWsingle Fam*pFannie MaerFreddle Mac UNIFORM INSTRUMENT VMPe Wolters Kluwer Financial Services Loan #: E085746 Form 1/01 VMPSJPA?(080y Iratgla: Page 1 of 18 / VI ! - EXHIBIT 9 Lender is a Corporation organized and existing under the laws of Pennsylvania Lender's address is 4185 Wag Market Street, York, PA 17408 Lender is the mortgagee under this security instrument. (D) "Note" means the promissory note signed by Borrower and dated November 21, 2008 The Note states that Borrower owes Lender One Hundred Thirty Five Thousand Dollars (U.S. S 135,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later December 1, 2038 (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 Nate, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The foilowing Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider X Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider X Other [specify]: Legal Description (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, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Fund's Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument. computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tern includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation, or (iv) 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. Loan #: E085746 PENNSYLVANIXSlop Family-FSnnis MeelFredd a Mac UNIFORM INSTRUMENT A J? Fom 3039 1/91 VMP yMP6(PA) (0504) Wallets Kluwar Finsacial Services Imels: VY Page 2 of 16 (N) "Periodic Paytatnt" means the regularly schoduled amount due for (i) principal and interest under the Note, plus (irij arty amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real EstateSettlement Procedures Act (12 U.S.C. Section 2601 et seq.) and it; implenmting regulation, Regtdation X (24 C.F.R. Part 3500). as they might be mrcmded from tune to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Ir>atn real, "RESPA" refers to all requirements and restrictions that arc Imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under FXISPA. (P) "Successor to interest of Borrower" means any party that has taken title to the Property, whether or not lint pa tm assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (I) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the pe formance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and oonvey to Lender the following described property located in tho County (Type of Rwarding hrWjaaml Of CumbMand (NameorRec.ndrng)arWiwwj: See legal description aftachad hereto and expressly made a part hereof. which otmewly has the address of 4176 Kittt+finny EMve E.SUWi Mechanicsburg ICayl, Pennsylvania 17ip Cndel 17050 ("Property Atldresse): TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and futures now or hereafter a part of tho property. All replacements and additions shall also be covered by this Security Instrument, All of the foregoing is referred to in this Loan #: EOSS746 Security Itetrtmeut as the "Property." PENNSggVLVA?"SbVe Fnw*Fnrge IfteWmtlek Use RAWORM WSTRiA, UT Ap FWM 3A110 3039 11011 V" WW tB BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby convcyed 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. TIIIS 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 3. 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 under the Mote and this Security Instrument be made in one or more of the following forms, as selected by Lender (a) cash; (b) money order; (c) certified check, bank check., treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but. Lender is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance tinder the Note immediately prior to foreclosure. No offset of claim which Borrower might have now or in the future against Lander shall relieve Borrower from making payments due under the Note and this Security Instrument or perforating the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance or the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent -payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the rcpaymem of the periodic Payments if, and to the extent that, each payment can be Loan M E086746 PENNSYLVANV.Ss" Fami j-P& mr M4wFredd4 M4c JNIFORM INSTRUMENT Form 3039 vDi VIIPs 'I/ wall.,, Kit. F, wncial senRcn . ?t9r t -A ;INN aVi a „f> , paid in full. To the extant that any excess exists after the payment is applied to the full payment of one or more Periodic. Payments. such excess maybe applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments. insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,. or change the amount. of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Now, until the Note is paid in full, a stair (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 c>r ground vents on the PropcM, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any stuns 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 duos. fees and assessments shall be an Escrow Item: Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the funds for any or all liscrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Item at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and, where payable, the amounts due for any Escrow items for which payment of Funds has been waived by Lender and, if Lender requires, shall 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 4. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower faits to pay the amoaatt due for an Escrow hem, Lender may exercise its rights under Section 9 and pay such amoum and Borrower shall then be obligtated under Section 9 to repay to Lender any such amoum Lender nwy revoke the waiver as to any or all Escrow Items at any time by a notice given in affiance with Section 15. and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that arc then required under this Sedion 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise in accordance with Applicable Law. The funds shall be held in an institution whose deposits are insured by a federal agency. instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. ilnless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest Loran * E085746 vVPEAANPN?SYLVANIA•5fft* fatiry-F&W lladFrefte NOc UWFORM INSiRVMEN7 Fenn 303Y?ptpp{1)) MP ??)Sor16 VJmeTsK4r?wrfineeGatlSer?n;ac Irrtlgle=OW shall be paid on the Funds. Lender shalt give to Borrower, without charge, an annual accounting of the Funds as required by KESPA. If there is a surplus of funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to male up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Insnvment, lender shall promptly refund to Borrower any Funds held by Lender. 4. Charps; 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 defiands 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 fiorn the holder of the lion an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender dotenniates that any part of the Property is subject to a lien which can attain priority over this Security Instrument,: Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification andlor reporting service used by Leader in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hemafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including. but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Izan, either: (a) a one-time charge far flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Bonvwcr 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. Loan * E096746 PENNeSSYLVANU6 Single F.,mny-con" Ma.rndoro Use UNIFORM INSTRUMENT IT F&M30" 1101 VM W% i i if Borrower fails to rhaimain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense: Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk. hazard or liability and might provide greater or lesser coverage than was previously in effect, Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate f om 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 mortgagoe.and/or as an addidorW loss payee. Lender shall have the right to. hold the policies and renewal certificates. If Lender requires, Borrower shall promptly gyve 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 Lender as mortgagee and/or as an additional loss payee. In the even of loss, Borrower shall give prompt mice to the insurance carrier and lender. Lender may make proof of loss if not. made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until i enda has had an opportunity to inspect such Property to ensure the work bas been completed to Leader's satisfaction, provided' that such inspection shall be undertaken promptly. Lender may disburse proceeds for therepairs end 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 interim to be paid on such insurance proceeds, bier shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retracted by Borrower shall not be paid out of the insurance proceeds and shell be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's smwity would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duo. 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, that 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 res om the Property or to pay amounts unpaid under the Note or this Security instrument, whether or not then due. Loan #: E085746 PENNSYLVAK&SOp Fs,7*/*&*Me V**Wr* dM Moc UNIFORM MSTRUWNT From 3039 1101 VMPa(FW VMPS?" Waden Kirwan FYtiYIdaE 9alNwr § Pip 7 err 1!! J 6. Occupancy. Borrower shall occupy, esmWish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security instrument and shall cattinaa 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 umrsonably withheld, or unless extenuating circumstances exist which are beyond Borrov-*r's control. 7. Preservation, Malatenance and Proteetlon of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to detaritrrate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detennined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for Qte repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property., Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lander 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 spocifying such reasonablecause. 8. Borrower's Leon Application. Borrower shall be in defautt 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 repruentations include, but are not limited in, representations concerning Bcxrowces occupancy of the Property as Borrower's principal residence. 9. Protecthun of Lender's lutwest In the Property and Itights Under "Security instrument. If (a) Borrower fails to perform the covenants and agretrments contained in this Security Instnmratt, (b) there is a legal proceeding that might significantly s(DW Lenders' interest in the Property and/or rights tinder this Security Instrument (such as a proceeding In bankruptgr, probate, for oondemnation or forfeiture, for enforcement of a lion which may attok priority over this Sxnrily Instnunent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, Ow Lender may do and pay for whatever is mmtable or appropriate to protect Lender's Interest in the Property and rights under this Security lnstrument, 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 lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' foes to protect Its ':merest in the Property and/or nghts 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 W W & of other code violations .or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Sectlon 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Loan M E085746 PyoGSu S VoI PENMSYLVAVA.Sk?oh Fawk-Fom MaWiodd a Ma UWORM WS "ENT Form ms's MMQMra quay Flt?anaal Swicaa ??Wds ? Pape a 77 Any amount. disbursed by Lender under Ibis Section 9 shall become additional debt of Borrower secuned by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall bo ptayabie, with such interest, upon twice from. Lender to Borrower requesting payment. if this Security Instrument is on a leasehold, Borrower sball comply with all the provisions of the lease, if Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Leader required Mortgage Insurance as a condition of making the loan, Borrower shall pay the premiums required to maintain the Mortgage Ettsurance in effect. if, for any reason, the Mortgage Insurance corcragc required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to awake separately designated payments toward the premiums for Mortgage litsurance, Borrower shall pay the premiums rcgWrbd to obtain coverage substamially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the MoriSW Ltsn those proviously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall conflaw to pay to Lender the amo nt:of the separately designated payments that were due when the insurance coverage ceased to be lo aftct Lender will accept, use and retain time payments as a notwreiundable loss reserve in lieu of - Mortpaple Insurance. Sudn loss reserve shall be non-refimdablc, notwithstanding the fact that the Loan Is ultimawly paid in fWl, and Lender shall not be required to pay Borrower any interest or eamings on such loss reserve. Lender can no longer require Ioss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lander again becomes available, is obtained, and Lender requires separately designated payments toward the premiums far Mortplile Insurance. If Lender required Mortgage insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance to efrect, or to provide a non-refundable loss reserve, until Lender's requirement far Mortgage Imurartce ends in accordance with any written agreement betweso Borrower and Lender providing for such termination or until termination is required buy Applicable Law. Nothing in this Section 10 affects Borrower`s obligation to pay interest at the rate provided in the Mote. Mortgage Insurance rchuburses Lendcr (or any entity that purchases the Note) for certain tosses it may incur if Borrower does not repay the Loan as agreed. Borrower is rntnt a party to the Mortgage Insurance. Mortgage insurers malum their total risk on all soh insurance in form f em time to time, and may enter into agteements with other parties that share or mod* their risk or reduce lasses. "Phase agreements are ore terms and cornditions that are satisf'actory to the mortgage insurer and the other patty (or parties) to these agreements. These agreements may require the mortgage insurer to make payments usigg any source of funds that the mortgage insurer may have availabie (which may include fwds obtained frorn Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsuanr, any other entity. or any at1'rliate of any of the foregoing, may receive (directly or indirectly) amounts that derive ftvm (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, In exchange ftar sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement pro??des that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not afffeet the amounts that Borrower has agreed to pay for Mortgage Insamace, or any other terms of the Loan. Such agreements will not increase the amount Borrower veal owe for Mortgage insurance, amts they witi not entitle Borrower to any refund. Loan #: E086746 ?9#MLVAtWA-*%% FCM*FaWie "ff""M M4p (INFORM iNSTRUUM Fo?w 303(0p1?1p0?1 = la war Flnawk! Serums Mott Pyr?t d 11i (b) Any such agreements wild not affect the rights Borrower has - if any • with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include die right to receive certain disclosures, to regwat and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlar to .receive a refund of nay Mortgage lstsurauce premiums that were unearned at the tune of such cancellation or termination. 11. Assignment of Mhacelh weous 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 ttte 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 Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and rorwration 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 riot be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Wscolleneous Proceeds shall be applied to the suss; secured by this Security Instrument, whether or not then due, with. the etom if any, paid to Borrower. Such Watcehlaneous Proceeds shall be applied in the order provided for. in Section x. In the event of a .total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to borrower. In the event of a oar" taking, destruction, or loos in value of the Property in whirls 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 lnstrumew immediately before the partial taking, destruction, or loss in value, unless Barrows and Lender otherwise agree In writing, the sums secured by this Security Instrtunent shalt be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the sums secured immediately before the partial taking, destruction. or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower, In the event of a partial taking, destruction, or loss in value of the 'Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss In value is less than the amount of the sums secured Immediately before the partial taking, destructbri, 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 whedw or not the aunts are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next senteacc) offors to make an sward to settle a claim for damages, Borrower fails to respond to Lax* within 30 days alter the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security lm*hnnant, whether or not then due. 'Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the patty against wbom Borrower has t: 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 Tice Property or rights under this Security instrument. Borrower can cure such a dtbult and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be Loan #: E085746 PNNSYLVAN Slade fmn*Puni1 MaNFradcM Ma: LWORU NASTRVMENT Fam 7039 1161 ,/t VVPQf" 1t6O of Is woNw? Kluwer ?anclN e ?eltitws lit0 L..1L. dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lendees interest in the Property or rights under this Security Instrument, The proceeds of any award or claim for damages that arc 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 Rekased; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument gramited 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. Larder shall not be required to commence proceedings against any Successor in I» tercet of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by ibis Security Instrument by reason of any demand made by the original Borrower or any Sucaessars in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lenders aaxptance 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 IlAttbiiity; Co-signers; Successors and Assigns Bound. Borrower coveants 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 Norte (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 sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower wito assumes Borrower's obligations, under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreetnents of this Security Instrument shall bind (except as provided in Section 20) and txatefit the successors and assigns of Leader. 14. Lain Charges. tender may charge Borrower fees for services performed' in connection with Borrower's default, for the purpose of protecting Lenders interest in the Property and rights under this security Instrument. including; but not limited to, attorneys' flees, 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 ctturging 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 comlootion 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 refiunded 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 prepaymem 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 Loan: EO86746 PENN9VtVANtX5r" Fam ly.Paage Umf30o0.Mee.UNIFORM INSTRUMENT Pam 30301101 vwPetPAt?0a01t VMP a• VYellaa Kluwer FIna16tl SerNeea trYglNaz 1 Page 1 M have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other moans. Notice to any one. Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The m3 ice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that-specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Secu rhy Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirmmeem under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal lam 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 ma agrrertmen; by contract. In might be silent, but such silence shall not be construed as a prohibition age' 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 wards or words of the feminine gender:, (b) words in the singular shall mean and include the plural and vice versa, and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shah be given one copy of the Note and of this Security instrument. 1.8. Transfer of the Property or a Beaciiciri Interest is Borrower. As used in this Section 1$, "Interest in the Property" means any legal or beneficial interest in the Property!, iruludio& but not limited to, those beneficial interests transferral in a bond for deed, contract for deed, iraWhttent sales contract or escrow agreement, the intent of which is the vender of tide by Borrower at a futune date -to a purchaser. If all or any part of the Properly or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold: or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this 'Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not loss tban 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 Instrumem If Borrower fails to pay these sums prior to the expiration of this period, [.ender may invoke any remedies permitted by this Security Instnur?e nt without further notice or demand on Borrower. 19. Borrower's Right to Relestate 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_eadiest 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: ia) pays Lender all sums which then would be doe under this Security Instrument and the Note as if no acceleration had occurred; (b) cares any default of any other covenants or Loan #. E086746 PENNSYLVANIA-500e Fan*-Ft'M4, M4WradOw Mae UNIFORM INSTRUMENT Form , WOInd Khwsr FFnoneal S.xNOaf °?itwam P?jp 12 bf t 6 agreanents: (c) pays all expenses incurred in enforcing this Security .insWnuent, including, but not limited to, Tmonable attorneys' fees, property inspection and vahuaibo Bees, and other fees incurred for the purpose of protocting-Lcnder's interest in'the Property and 11%bts under this •Sacta ty Insttvment; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security hmtrument, and Borrowers obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstate meat sums and expenses in one or more of the following forests, as selected by Lender: (a) cash; (b) money order; (c) certified check, bunk check, treasurees check or cashier's check, provided any such check is drawn upon an inslitudon whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reimstatement by Borrower, this Security Instrument and obligations scoured hereby shall remain fec]ly 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; Grange of Laan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security insmunent) can be sold one or more times without prior notice to Borrower. A sate might result in a change in the entity (known as the "Loan Servic er") that collects Periodic Payments due under the Note and this Security Immanent and pafanms other mortgage loan servicing obligations under the Dote, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Setvicer unrelated to a sale of the Note. If there Is a change of the Loan Servic er, Burrower %ill be given written notice of the change which will state rite name and address of the new Loan Servicer, the address to which payments should be made and any other infosmaxion RESPA requires in connection with a notice of transfer of servicing. If the Note is said and therea.1tex the Loan is serviced by a Loan Servieer other than the purchaser of the Note, the mortpp loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Now purchaser unless otherwise provided by the Note pucchmer. Neither Borrower nor Lender may commend, join, or be joined to any judicial action (as dither an individual litigant or the member of a class) tint arises from the other party's actions pursuant to this Security Instrument or that snaps that rite tether patty has breached any provision of or any duty owed by reason of, this Security Instrument, tuttil such Barowar or Lender has notified the other party (with such notice gloat In oaniplianee with the requirein" .of Section IS) of such alleged broach and afforded the other party hereto a reasonable period afier 'the giving of such notice to take corrective action. If Applicable Low provides a'time period which must elapse before certain action can he taken, that time period will be doomed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given w Borrower pursuant to Section 22 and the notice of acoelorstion given to Bommer pursuant to Section It shall be doomed to satisfy the notice and opportunity to tame corrective action provisions of this Section 20. 21. Hazardous SabMila . As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Eavironmetital. Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, vohetlle solvents, materials containing asbestos or formaldehyde, and radioactive Materials; (b) "Environmental Law" means federal laws and laws of tho jurisdiction where the Property is located that relate to health, safety or onviroamertal protection; (c) "Eovirommental Cleanup" includes any response action, remedial action, or rc miNal action, as defined In Environments] Law, and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Loan #. EON746 PENNBrLVANK-Sft* fanWy 2RW Km"l Mae LWORLI INSMUMENT Fong 3x1Y 1101 WdtArpu, WRAW"Savfma b$6111 VIM== s . . 0 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 vic4attion 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 smali quantities of Hazardous Substances that are generally recognized to be, appropriate to normal residential uses and to maintenance of the Property (including, but not limited to. hazardous substances in consumer products), Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not, limited to, any spilling. leaking, discharge, release or threat of release of any hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adverseiy affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other rernediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing heroin shall create any obligation on Lender for an rnvironmerital Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (at) the default; (b) the action required to cure the default; (c) when the default most be cared; and (d) that fsllt+re to cure the default as specified way result In acceleration of the sums secured by this Swurity'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 secelerstioe and forecloser-tr. of the default Is not cared as specified, Lender at its option may require Immediate payment in fall of ail sums secured by this Security Instrument without further demand sad may foreclose this Security Instrutamat by judicial proceeding. Lender shall be entitled to collectall expenses hwurned in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fors and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all stuns secured by this Security instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted older Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrumbrri, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortoragc. TI. 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 shah be the rate payable from time to time under the Note, PENNSYLVANW50P Fl"-Fannk MaorkeK6 w Mss UMFORM INSTRUMENT l/ cO l 30391/01 VMPWA) (oerK) =0 b KWwN Framial Somees M+tiAis. I &s Page 14 of 16 Loan #: E085746 This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Bormwcr (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Loan #: E085746 ?P SYUVANIXSingle Family-Fannie Meaifreatlle Mac UNIFORM INSTRUMENT Wolters Kluwer Financial SenAm M Form 3039 1101 VMPRZ !rueali:. Fwpe 1M8 r# 1)6 COMMONWEALTH OF PENNSYLVANIA, ?a e G-S-kr County ss: On this, the 21 day of November 2008 personally appeared before me. AxIdl the undersigned officer, Mark W. Meluskey, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: N09MML am CMS AIIMI NtM11My Fmoft 81110F9ANCNW IANCA CC0W my CONATAI M M 0.1- Jon 4a n12 -- Tide of Officer Certitic to of Residence 1, 6 ?hj ?j/?' h V t , do hereby certify that the correct a ress o t e wi in-named Mortgagee is 4185 West Market Street, York, PA 17408-5933. Witness my hand this 211 day of November 2008. Agee[ of ortgagcc `PEENPNSYLVAN{M3ingle Fam*Fannle Mae/Freeaia Mac UNIFORM INSTRUMENT Fdm 3038 trot PB(PAi (tea) Wdiers IOuwer Finanaal Services murals. Page t d or f 6 C4iESToGA TITLE INSURANCE CO. SCHEDULE "C" Commitment No. 0604-MI449 File No. 08-1449 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Kittatinny Drive (64 feet wide private), at the dividing line of Lot No. 93 and Lot No. 92, said point also being located 603.18 feet West of the southwest corner of Kittatinny Drive and Tussey Court; thence by line of Lot No. 93, South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point; thence by land of Mountain View Village Home Owners Association North 82 degrees 02 minutes 02 seconds West 50.00 feet to a point; thence by line of Lot No. 91 and passing through the center partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point on the southern right-of-way line South 82 degrees 02 minutes 02 seconds East 50.00 feet to a point, the place of BEGINNING. CONTAINING 5,000 square feet. BEING Lot No. 92 on the Final Subdivision Plan of Mountain View Village, Phase IV recorded in Plan Book 60, Page 87B. UNDER AND SUBJECT, to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 392, Page 787; Misc. Book 393, Page 557; and Misc. Book 414, Page 1102, ALSO UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights-of-way of record including those in Deed Book 104, Page 779. BEING part of the same premises which Yingst Homes, Inc., a Pennsylvania Corporation, by its deed to be recorded simultaneously herewith, in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Marsha D. Troup. PARCEL ID 10-15-1285-142 O1 CERTIFIED MAIL 91 7199 9991 7030 6664 0066 Date: March 8, 2012 TO: Mark W. Meluskey RE: Mortgage Loan # XX075880 Susquehanna Susquehanna Bank P.O. Sox 639 Maugansville. MD 21767-0639 Toll free 688.722.7270 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Susquehanna Bank now Susquehanna Bank, (hereinafter we, us or ours) on your property located at 4175 Kittayinny Drive Mechanicsburg, PA 17050 A. IS IN SERIOUS DEFAULT because you have not made monthly. payments and other charges for February 1. 2012 thru March 1.2012 as follows: Principal Amount Due: Interest Amount Due: Attorney Fees: Appraisal Fees: Title Search: Force Placed Insurance: Escrow: Other: Late Charges: $ 324.06 $ 1,294.72 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 797.04 $ 0.00 $202 . 35 TOTAL AMOUNT TO CURE THE DEFAULT $ 2,618.17 The total amount now required to cure this default, or in other words, get caught up with your payments, as of the date of this letter is $2,618.17. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) 117 2459591-1 EXHIBIT 1-0- You may cure this default within. THIRTY Q0) DAYS, of the date of this letter, by Ming to us the above amount of $2.618.17, plus Myadditional monthly payment and late charge which mabe?Qme due if payment is not made by April 10, 2012. Such payment must be made either by cash, cashier's check, certified check or money order and sent to: Susquehanna Bank C/o Susquehanna Loan Center P.O. Box 639 Maugansville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 0.00 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgagg 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 mortgaged rnoperty If the mortgage is foreclosed, your mortgaged property will be sold by the Shenffto 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 uired to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Such suit against you RgersQok may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheriffs sale. If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property, you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure. If you have obtained an Order of Discharge from the United States Bankruptcy Court, which includes this debt, we are not attempting to obtain a judgment against you, nor are we alleging that you have any personal liability for this debt. We may, however, take action against the property pledged as collateral for the debt, which may include repossession and/or foreclosure of the property. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to sure the default and present the sale at any time up to one hour before the 2459591-1 Sheriffs foreclosure sale You may do so by paving the total amount of the unpaid monthly navments plus any late or other chacnes then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform and other requirements under the mortgage It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately July 6.21)12. A notice of the date of the Sheriffs 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: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-Mail Address: This payment must be in cash, cashiers check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff s sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests 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 HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR. BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three rimes in any calendar year. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, Susquehanna Bank offers consumer 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 Susquehanna Bank Collections and Recovery Department 1-888-722-7270. WE ARE VERY INTERESTED IN ASSISTING YOU. Attention Servicemembers 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 us immediately. When contacting Susquehanna Bank 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. 2459591-1 LoanCtr-Collections@susgnehannn.net 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) 5694287 or by visiting http://www.hud.gov/offices/hWsfh/hcc/hes.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. Deborah, Collector II Susquehanna Bank 1-888-722-7270 ext. 27222 2459591-1 d Q I 4 .. to 71? on N i .e £bG1 L 3gC3?d(Z W02fjxf3l{KNY" ? ZLOZ 608" SSbLLZbOOO samolm A.INIb . ?. . Nood VY& O 6?. Q '•3 ao d j' ff r-a. 4?€ r;-!y l.a. yr rye `. C"1 WOO ?I OIL rm 0 w ?-y?- 7 Z A rF7 -'a 0 1 b.:. Aar C n Ze ?i co , ? ? ' I;q f 3Ct J, re C.°C:' r rfr L rn 1 vt ti; lt? rk 1 ?. C-N C V C;l I nr A o O UAy C7 N S' \s u ? A N b` ro xi s Un ?` tv A z -t -0 C, C4 C ?^ p m C3 C0 v a ` rn i mm r n o ? ?? ?r- m v N rn w From:CGA LAW FIRM 717 843 9039 SUSQUEHANNA BANK Plaintiff (s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. VS. FORM 1 0511012012 14:24 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK W. MELUSKEY Defendant(s) #008 P.0021009 If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate In a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference Is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respec Y bm ed: May 10, 2012 Date Signature of C 1 r Plaint_ iffy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff is aLEO-OFF CF Jody S Smith Chief Deputy AM ?;? Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Susquehanna Bank Case Number vs. 2012-2948 Mark W. Meluskey SHERIFF'S RETURN OF SERVICE 05/15/2012 09:18 PM - Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that on May 15, 2012 at 2118 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Mark W. Meluskey, by making known unto himself personally, at 4175 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. DEN ICS FRY, DEPJJW SHERIFF COST: $38.00 May 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Telecsoft, Inc. fLL f nt r� P&TaN.1N01'AR°' 2013 APR —8 Ph is 28 Y%. iY SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION-LAW MARK W. MELUSKEY, No.2012-2948 Civil Term Defendant PRAECIPE TO SATISFY To the Prothonotary: (X) Please mark the above-captioned action settled and satisfied. ( ) Please mark the above-captioned judgment or lien settled and satisfied. CGA Law Firm By:_ V- C/- --�;_? , S on M ire PA 32111 135 North George Street York,PA 17401 Telephone: 717-848-4900 Attorneys for Plaintiff Date: April 1, 2013