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HomeMy WebLinkAbout12-3560%'t ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. BRYAN K. SEIFERT AND ANNE MARIE SEIFERT 900 PATTON DRIVE CARLISLE, PA 17013, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2012-? CIVIL TERM F., MORTGAGE FORECLOSURE E NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 O . 103•'73 P+0 A7T•J C ? 19aalo ?,... j Y r•- 7 J2 OINA4 a ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. BRYAN K. SEIFERT AND ANNE MARIE SEIFERT 900 PATTON DRIVE CARLISLE, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012- CIVIL TERM MORTGAGE FORECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, BARIC SCHERER LLC, and files the within Complaint and, in support thereof, sets forth the following: 1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Bryan K. Seifert, is an adult individual whose last known residence address was 900 Patton Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant, Anne Marie Seifert, is an adult individual whose last known residence address was 900 Patton Drive, Carlisle, Cumberland County, Pennsylvania 17013. 4. By Deed dated April28, 2004, Fred A. Tiday Builders, Inc., conveyed the premises described in Exhibit "A" attached hereto and made a part hereof to Bryan K. Seifert and Anne Marie Seifert, husband and wife. On or about October 21, 2008, Bryan K. Seifert and Anne Marie Seifert, as Mortgagors, made, executed and delivered a written Note secured by a Mortgage, made, executed and delivered the same day to Orrstown Bank as Mortgagee on the premises described in Exhibit "A." This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on at Cumberland County Instrument No. 201028741 et seq, all of which pages are incorporated herein by reference and made a part hereof. 6. A true and correct copy of the aforesaid Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 7. Defendants have defaulted under the terms and conditions of the Mortgage and Note by failing to make payments since November 1, 2010 and every month thereafter. Defendants are the present record owner of the premises described in Exhibit "A" and the real owners of the premises. 9. Plaintiff served Notice of Plaintiff's Intention to Foreclose on the real estate of Defendants and provided Defendant with Notice of Defendant's Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing on or about January 24, 2012. 10. Attached hereto and marked as Exhibit "D" is a true and correct copy of the combined Act 6 and Act 91 Notice provided to Defendant. 11. Attached hereto and marked Exhibit "E" are true and correct copies of the certified mail receipt and the certificate of mailing for the combined Notice served upon Defendants. 12. Under the terms of the Mortgage and Note, if any payment of principal and interest is not made when due or any other obligations of the Note or Mortgage are not met, then the entire indebtedness owing on the Mortgage and Note obligations shall become due and payable immediately at the declaration of Mortgagee. 13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 14. The following amounts are presently due on the said Mortgage and Note calculated to May 23, 2012: Principal $223,409.05 Interest to 05/23/12 $ 21,572.74 (per diem of $35.95) Late Charges $ 2,447.21 Reasonable Attorney fees $ 11,170.45 fixed by Plaintiff for purposes of this Complaint (5% of principal debt) Other charges $ 605.00 Escrow $ 5,757.22 TOTAL: $264,961.58 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $264,961.58 plus interest thereafter at the contract per diem from May 23, 2012, additional late fees coming due, actual attorney fees, costs and expenses against Defendants, Mortgagors and real owners and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, BARIC SCHERER LLC David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Afl 3 t. 2ul z Steve Gormont Consumer Collections Manager Orrstown Bank Tax Parcel No. 20-06-0021-077 THIS DEED MADE THE 4 9 day of , in the year of our lord Two Thousand Four (2004) FRED A. TIDAY BUILDERS, INC., A Pennsylvania Corporation, of P.O. Box 777, New Kingstown, Cumberland County, Pennsylvania, hereinafter, Grantor, AND BRYAN K. SEIFERT AND ANNE MARIE SEIFERT, husband and wife, of Cumberland County, Pennsylvania, hereinafter Grantees WITNESSETH, that in consideration of Two Hundred Thirty-nine Thousand, Seven Hundred Dollars and 00/100 ($239,700.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees, their heirs and assigns as tenants by the entireties. ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, designated as Lot No. 71 R on the Final Subdivision Plan for Phase A of the Village of Cross Creek dated March 15, 2002, and recorded April 4, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 85, Page 20, more particularly bounded and described, as follows: BEGINNING at a point on the southern right-of-way of Manada Creek Circle, said point being the northwestern comer of Lot #72R; thence, along the right-of-way by a curve to the left having a radius of 225.00', an arc length of 60' and a chord bearing of N 2905254" W with a chord length of 59.82' to a point; thence, along Lot #70R N 52°2844" E a distance of 120.00' to a point; thence, along Lot OS-4R S 251155"15" E a distance of 91.10' to a point; thence, along Lot #72R S 67045'28" W a distance of 113.65' to a point, the place of BEGINNING. Containing 8,644 sq. ft. (0.20 acres) BEING Lot No. 71 R on the Final Subdivision Plan for Phase A of the Village of Cross Creek dated March 15, 2002, recorded April 4, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book. 85, Page 20. $00 262 f^r,::4225 EXHIBIT "A" UNDER AND SUBJECT to the Declaration for Phases IA and II of The Village of Cross Creek dated April 25, 2001 and recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 673, Page 57. UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001, and recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 673, Page 78. BEING the same premises which Penta Star Investments, Inc., by Deed dated May 30, 2003, and recorded in the Office of the Recorder of Deeds aforesaid in Deed Book 257, Page 2138, granted and conveyed unto Fred A. Tiday Builders, Inc, Inc., Grantor herein. Storm water drainage factifties shown hereon and located outside the public sheet rights-of-way shall be owned and rnatntained by the owner of the lots on which they are located, and such facliNies shall be permanent unless a revised Storm Water Management Plan is approved by North Middleton Township. Maintenance shall include pedodc mowing of vegetatlon and removal of debris which restricts water flow. Should drainage faclties be aNwed as provided for above, the change shall not require the consent of other lot owners in the subdivision. -3 ? \ !V CJ q v - i 's4 n to '- A, ft Ln to a, ate m ?• z pp 3 -a .-e r•G c F? C i •t ?S F to N .1 ... .t s• < ?-° K5 C. R7 -i 1'T! •-1 ' Cl?' •• ? a O. ' _ p • - ? 1 ff pp .,i ? [ ;r w.r C 7 G7 - -s B7 ? -c r-- y 7p O t (ri . ? W P. V +b 41 z• 1 La C. 10 Y? La O .M M M ?-?• t+ 1tt 1 M ... ?-• V/ X70 W C r CT ?t? G2. In ,?y . 0 . J +7 r7 W W hY C3 r•+• F ?l r+ •:t ::3l Ca C. cr PS C:b GA C.11 GN7 GR L'9 4 0 Q a G ©Q ?G O O• Q A W v ? T Certify t}; is to be recorded in -C AND the said Grantor hereby covenants and agmeW Wli smnty PA specialty the property hereby conveyed. ,: -2 • j?a Recorder of Deeds tiC® 262 PAvt4226 IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year first above written. Witness FRED A. TIDAY BUILDERS, INC. g - .(SEAL) Fred A. Tiday, P ident COMMONWEALTH OF PENNSYLVANIA ) 1 SS: COUNTY OF CUMBERLAND On this, the day of , 2004, before me, the undersigned officer, personally ap ared Fred A. Tiday, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that the within instrument was executed by the person so identified in the capacity of President of Fred A. Tiday Builders, Inc. for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L NotaMS" f4otary Public QW da M. Wsl *Vlcn, Notary Public Camp M Sara. c mbw*4 County 1?1y Co w*don EV= Dec. 27.20 6 Nt?n1D>!r. AssocO n U WGtarisr+ I do hereby certify that the precise re idee a mp to post dress of the wit 'n named Grantees is 44, 6 / ?o !3 Date: #.? for Grantee W?od 1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Recorded on this day of , 2004, in the Recorders office of the sold County, in Deed Book , Page . Given under my hand and seal of the said office, the date above written. Recorder OR 262 FACE4227 NOTE October 21, 2008 SHIPPENSBURG, PA [Date] [City / State) 75 Manada Creek Cir. Carlisle, PA 17013 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $244,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is ORRSTOWN BANK. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.875%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on December 1, 2008. 1 will make. these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on November 1, 2023, 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at ORRSTOWN BANK, CAMP HILL OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $2,042.57, 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, 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 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. 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 Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. MULTISTATE FIXED RATE NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 1 of 2 EXHIBIT "B" (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 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Coats and Expenses If the Note Holder has required me to pay Immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note 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 in 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 If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and env other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 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 Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. PAY TO THE ORDER 01 WITHOUT RECCE (Seal) Bryan KSeifert -Borrower BA -11K ORRSTOWN {l4? ?GC.?E? ??>? (Seal) A e Marie Seifert - Borrower R. ALAN PATTON [Sign Original Only) VICE PRESIDENT MULTISTATE FIXED RATE NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 2 of 2 ronivom 5z. Parcel Identification Number: RECORDATION REQUESTED BY: ORRSTOWN BANK CAMP HILL OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK 2695 PHILADELPHIA AVENUE CHAMBERSBURG, PA 17201 SEND TAX NOTICES TO: ORRSTOWN BANK 2695 PHILADELPHIA AVENUE CHAMBERSBURG, PA 17201 (Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated October 21, 2008, together with all Riders to this document. (B) "Borrower" is Bryan K Seifert and Anne Marie Seifert. Borrower is the mortgagor under this Security Instrument. IC) "Lender" is ORRSTOWN BANK. Lander is a organized and existing under the laws of Pennsylvania. Lender's address is CAMP HILL OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257. Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated October 21, 2008. The Note states that Borrower owes Lender Two Hundred Forty-four Thousand & 00/100 Dollars (U.S. $244,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2023. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." IF) "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 U Condominium Rider U Second Home Rider Balloon Rider Planned Unit Development Rider Other(s) (specify] 1-4 Family Rider Biweekly Payment Rider (HI "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. (I) "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. W "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 6) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; liii) conveyance in lieu of condemnation; or (ivl misrepresentations of, or omissions as to, the value end/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (I) principal and Interest under the Note, plus iii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 at seq.) and its implementing regulation, Regulation X 124 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not quality as a "federally related mortgage loan" under RESPA. PENNSYLVANIA-Single Family-Fannie MaelFreddis Mac UNIFORM INSTRUMENT For" 30 Page 1 of 8 Initials:/' Lt?? EXHIBIT "C" (PI "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender; (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (if) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, gram and convey to Lender, the following described property located in the County of CUMBERLAND: Real Property tax identification number is 29060021077. SEE ATTACHED which currently has the address of 75 Maneda Creek Cir, Carlisle, Pennsylvania 17013 ("Property Address") TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property" BORROWER COVENANTS that Borrower is lawfully seized 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 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 Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; Icl certified check, bank check, treasurer's check or cashier's check, provided any such check Is drawn upon an institution whose deposits are insured by a federal agency, Instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions In Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. It not applied earlier, such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums In accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, tees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30 1 Page 2 of 8 Initials. 'K40" Lender may, at any time, collect and hold Funds in an amount (al 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 shell not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement Is made In writing or Applicable Lew requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds hold in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but In no more than 12 monthly payments. It 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 then 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds hold by Lender. 4. Charges; Lions. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the Ilan 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 Ron which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property kisurance. 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. Lander may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lander 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 affect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the data 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 shell be subject to Lender's right to disapprove such policies, shall Include a standard mortgage clause, and shell name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lander, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee end/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lander 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, Lander 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 Lander'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, Larder shell 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 Lander's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and Ibl any other of Borrower's rights (other than the right to any refund of unearned premiums PENNSYLVANIA-Single Family-Fermis Mae/Freddie Mac UNIFORM INSTRUMENT Form 30 0 Page 3 of 8 Initials. wrrv)- paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 8. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 80 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, MaLttenowe and Probation of the Property; Inspections, Borrower shall not destroy, damage or impair the Property, slow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to Its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shell 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 am not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the Interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shell 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 for failed to provide Lender with materiel information) In connection with the Loan. Material representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest In the Property and/or rights under this Security Instrument Isuch as a proceeding in bankruptcy, probate, for condemnation or forfeiture, or enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing end/or repairing the Property. Lender's actions can include, but are not limited to: la) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court, and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section S. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee 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 Lender required Mortgage Insurance as a condition of making the Loan, Borrower shell pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect, from an alternate mortgage insurer selected by Lender. It substantially equivalent Mortgage Insurance coverage Is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (In the amount and for the period that Lender requires) provided by an Insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement tar Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing or such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided In the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance In force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available Iwhlch may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of arty of the foregoing, may receive (directly or Indirectly) amounts that derive from Ior 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 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 afoot the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Page 4 of 8 Initials: disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shell be paid to Lander. If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shell be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for In Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by Ibl the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument, Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruing that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's Interest In the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shell not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less then the amount then due. shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liabiky: Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lander, shall obtain all of Borrower's rights and beneffts 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 201 and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. It the Loan is subject to a law which sets maximum loan charges, and that low is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to have been given to PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30 9 Page 5 of 8 Initials: CAIIA - Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lander has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Lew requirement will satisfy the corresponding requirement under this Security Instrument. 18. Goveming Law; Severeblitty: 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 Lew. Applicable Law might explicitly or implicitly allow the parties to agree by contract or It might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shag 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 shell be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future data 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, Lander 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, Lander shall give Borrower notice of acceleration. The notice shall provide a period of not less then 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lander may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: la) pays Lender all sums which than would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' teas, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument: and (d) takes such action as Lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, Instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; ChoWe of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loan ServIcar') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Seroicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. It the Note is sold and thereafter the Loan is serviced by a Loan Servieer other then the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other parry has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Lew and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materiels containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d? an "Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release arty 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 PENNSYLVANIA-Single Family-Fannie Mao/Freddie Mac UNIFORM INSTRUMENT Form 30 9 1/0 , Page 6 of 8 Initials. Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediatlon of any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lander further covenant and agree as follows: 22. Acceleration; Remedies. Lender shag give notice to Borrower prim to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prim to acceleration under Section 18 unless Applic" Law provides otherwise). Lender shag notify Borrower of, among other things: (a) the default: Ile) the action required to cure the default; (a) when the default must be cured: and (d) that failure to sae the default as specified may result in acaelaatfon of the sums secured by thb Security Instrument, foreclosure by Judicial proceeding and sale of the Property. Lander shall further Inform Borrower of the right to reka t•ta after acaelaatbn and the right to assert in the foreclosure proceeding the anon-sxistance of a dafataft or any other defense of Borrower to acceleration and foreclosure. If the defauk Is not cured as specified, Lander at its option may require Irrenedfaft payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Iost ument by Judicial proceeding. Lender shag be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22, including, but not United to, attorneys' fees and costs of No evidence to the extent permitted by ApplcaM* Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security instrument. Borrower shag pay any recordation coats. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the tee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or detects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of tiros, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Raft After Judgment. Borrower agrees that the interest rate payable after a judgment Is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Wit 91saes: !?l/( /,6v, '4_ / --? ISss11 cyan K Seifert - Burrower (Seal) Anne Marl Seifert - Borrower CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: CAMP HILL OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257 Alto y or Agent for Mortgagee (Space Below This Una For Acknowledgment) PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 0 Page 7 of 8 Initials! INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH % PENNSYLVANIA ) )SS COUNTY OF ) ST C I% th's, he 1?? day of 20 (58 __, before me 6 `e '4 ?L the undersigns Notary Public, personally appeared Bryan K Selfwt and Arms jr _W g_ Mash of lam known to a or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and aoknowl that they executed the some for the purposes therein contained. In witness whereof. I hereunto set my hand and official se COMMONWEALTH OF PENNSYLVANIA Notarial Sesd Glenda M. Welhingtott, Notary Public N ary Public in and for the State of Comp Hi Bolo, Cumberland County My Consriealon Expires Dec. 27, 2010 Member, Pennsylvania Asaociatlon of Notaries LASER PR Lending, Ver. 5.41.20.001 opr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - PA c:\CFI\LPL\G04.FC TR-20949 PR-22 PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30 1 Page 8 of 8 Initials: - a/y J_ - r} 11/ 7 i? r7 . l Tmaion of Excellence January 24, 2012 8171 9690 0935 0009 7467 6 Bryan K. Seifert 9171 9690 0935 0009 7467 46 Anne Marie Seifert 900 Patton Drive 9171 9690 0935 0009 7467 53 Carlisle, PA 17013 RE: Loan #470001298 9171 9690 0935 0009 7462 34 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by ORRSTOWN BANK (hereinafter we, us or ours) on your property located at 75 Manada Creek Circle, Carlisle, PA IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ November 1, 2010 through January 1, 2012 payments totaling $34,726.00. Late charges and other charges have also accrued to this date in the amount of 2 5$ , 62.44. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $37,288.44 . You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $37,288.44, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made by cash, cashier's check, certified check or money order, and made at 2695 Philadelphia Avenue, Chambersburg, PA 17201 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 outstanding on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any Attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. EXHIBIT "D" We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 cost connected with the foreclosure sale and performs any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 6 MONTHS. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 709-3033. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in or occupy the property after the Sheriff s sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. Contact US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more that three times in any calendar year. Sincerely, Linda K. Mowen Assistant Vice President Sr. Consumer Collector SENT VIA REGULAR AND CERTIFIED MAIL January 24, 2012 Page 2 Cc: Bryan K. Seifert Anne Marie Seifert 75 Manada Creek Circle Carlisle, PA 17013 n? .c ? rti 1 i 1 ? F!: + rj ?r r u J?2• A M LO n CO r` Cn O O O O O CA CD O r` C) N n_ a W m a a_ V1 N O N O ® m 01 f' 01 lV 0 Q O 0 O ^ ft lz W q _ woo of ^ OWL k Otto N l w , 2Uw O lxz-j 14 to ? o ? m z ^ - It 3 o N cl n w 71 H x ?. Pt ii z p c cu C .? O 0 Q. V) L a y t I1. fY) CD U •4 1' Y y O CO r N ?t CF) LO 0) O O CA rn O 1?1 n N ?Ws N a U m re t) D w z 4, a 2 M N d v u U c ? e C rl . v L Lf! ? mc•v c u ? I to 'rf r? ? I 0 Q Q p f CD It a Q Q (+} Z it ai -i ?w w zWw O itq aF 0 0 u? ca w r: Fi x. H z p 1 t?! i1 ff r. r?} EXHIBIT "E" .- l t }_ L ? F- ct _ r, C:.j= r s O 114- O rn 0 0 O O O O 0) O O n N Id 9 a W m m a a_ Cl) Q a 5L, cal) tv ? 1 i ? e9 ? r a o = h (D O _ 0 Q 0 It W 4 ( W It of -- W I rf W -- ONO f- r ? i ° a m m ? 3 (Y 0 n - w N z G°i s,. w d ? H U ? tv m 4 LA M Q' [- V At 04 it J P"y r, r] e Jj r>E. is ?`. M N ¦r (D O O O O irr?r .+i? LO m O ?._ O O O O r. I r-_ LO N n MM a m W ? `0 a 0 Lr) N ® m O a r N C > C- 'i r-I Q O rz CU Q rn v \?1 --tII IV N. rt " I ? rY ? I 0 MS Q o a a tL I Q 3 Cf • WXo N rf (abi (L t QNO W f-Ql- ZUW O oD 33? p rlwzc'v- ? a o - r. - frf _ (+t H X _ H z ? t r t A S 4 •t? ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. BRYAN K. SEIFERT AND ANNE MARIE SEIFERT 900 PATTON DRIVE CARLISLE, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012- 3,5(x0 CIVIL TERM MORTGAGE FORECLOSURE Cz z ?r r NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM r._? C__, C z: 071 • f "j -.s 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 the 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. Respect submitted Date: l David A. Baric, Esquire, Attorney for Plaintiff CUMBERLAND COUNTY RESIDENTIAL MORTGAGE FORECLOSURE PROGRAM FINANCIAL WORKSHEET Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICATION Borrower name (s): Property Address: City State: Is the property for sale? Yes ? No ? Listing date: Realtor name: Realtor Phone: Borrower occupied: Yes ? No ? Mailing address (if different) City: Phone Numbers: Home: Cell: Email: # of people in household CO-BORROWER Mailing address (if different) City. Phone Numbers: Home: Cell: Email: 4 of people in household - State: Zip: Price: $ Zip: Office: Other: How long? State: Zip: Office: Other: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount $ Date of Last Payment: Primary Reason for Default Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Included Taxes and Insurance: Date You Closed Your Loan: Amount Owed: Automobile # 1. Model: Amount owed: Value: Automobile # 2. Model: Amount owed: Value: Other transportation (automobiles boats. motorcycles): Year: Amount owed: Monthly Income Name of Employers: t_ 2- 3. Monthly Gross Monthly Gross Monthly Gross Value: Value: Year: Year: Model: Monthly Net Monthly Net Monthly Net Additional Income Description (not wages): I. 2. Borrower Pay Days: Co-Borrower Pay Days: EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto f iel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Credit Housing Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Cmineelnr- Phone (Office): Email: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application Monthly Amount: Monthly Amount: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (name): _ Servicing Company (name): Phone: Contact: Phone: AUTHORIZATION I/we, above named authorize the to use/refer to this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. Uwe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: ?Proof of income ?Past 2 bank statements ?Proof of any expected income for the last 45 days ?Copy of current utility bill ?Letter explaining reason for delinquency and any supporting documentation (hardship letter) ?Listing agreement (if property is currently on the market) ?Copy of 2 years of federal income tax returns ?Copy of deed Date ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2012- CIVIL TERM BRYAN K. SEIFERT AND ANNE MARIE SEIFERT MORTGAGE FORECLOSURE 900 PATTON DRIVE CARLISLE, PA 17013, Defendants REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Signature of Defendant's counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. CIVIL TERM BRYAN K. SEIFERT AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012- ANNE MARIE SEIFERT MORTGAGE FORECLOSURE 900 PATTON DRIVE CARLISLE, PA 17013, Defendants CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request For Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation conference on , at a.m./p.m. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon Plaintiff/Lender and its counsel a copy of the "Cumberland County Residential Home Mortgage Foreclosure Diversion Program Financial Worksheet (form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or date upon which service of the completed Form 2 is to be made may be extended. Upon notice of the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNT r Ronny RAnderson Z- - -- Sheriff ,?,?c ntu?r?bPr? cis Jody S Smith a ' (-- . R Chief Deputy Richard W Stewart Solicitor OFFICE = E SHERIFF Orrstown Bank Case Number vs. 2012-3560 Bryan K. Seifert (et al.) SHERIFF'S RETURN OF SERVICE 06/08/2012 04:06 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2012 at 1606 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: Bryan K. Seifert, by making known unto himself personally, by drop service at 900 Patton Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. _ NOAH CLINE, DEPUTY 06/08/2012 04:06 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2012 at 1606 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: Ann Marie Seifert, by making known unto Bryan K. Seifert, by drop service at 900 Patton Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $50.45 June 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;c) COUO.y SUIte Sheriff. Teleosoft. hic ~ ~I ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. BRYAN K. SEIFERT AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-3560 CIVIL TERM ANNE MARIE SEIFERT MORTGAGE FORECLOSURE 900 PATTON DRIVE CARLISLE, PA 17013, Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037 TO THE PROTHONOTARY: ~, ,-,, . ~~ ~ ~.~ r~ -~~ a' ~~ ~~ ~ ~. ~ w ~ ~' N --i ~_ Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendants, Bryan K. Seifert and Anne Marie Seifert, for failure to file an answer to the Complaint of Plaintiff. True and correct copies of the Notices of Default are appended hereto as Exhibit "A." True and correct copies of the Certificates of Mailing for the Notices of Default are appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $264,961.58 set forth in the Complaint together with interest of $3,019.80 to August 15, 2012 with a per diem of $35.95 for a total of $267,981.38. Respectfully submitted, BARI CHERE LLC David A. Baric, Esquire I.D. # 44853 19 West South Street ~ ~ Carlisle, Pennsylvania 17013 ~~ ~,. (717) 249-6873 Q ;y~ F ....~ .~ ,:~ -: rr -~ ~~ ~`"~` ~~ I~.Sai~l cif ~ ?`~ ~~ l ' ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. BRYAN K. SEIFERT AND ANNE MARIE SEIFERT 900 PATTON DRIVE CARLISLE, PA 17013, Defendants TO: Bryan K. Seifert 900 Patton Drive Cazlisle, Pennsylvania 17013 Date of Notice: July 3, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-3560 CIVIL TERM MORTGAGE FORECLOSURE << YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINS~I' YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER Il~IPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 32 South Bedford Street Cazlisle, Pennsylvania 17013 (717) 249-3166 BARIC SCHERE LC David A. Banc, Esquire 19 West South Street Caziisle, PA 17013 (717) 249-6873 EXHIBIT "A" ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff v. BRYAN K. SEIFERT AND ANNE MARIE SEIFERT 900 PATTON DRIVE CARLISLE, PA 17013, Defendants TO: Anne Marie Seifert 900 Patton Drive Cazlisle, Pennsylvania 17013 Date of Notice: July 3, 2012 . ;. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN VVRII'ING WITH TF~E COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 32 South Bodford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BARK SCHERER C r David A. Baric, Esquire 19 West South Street Cazlisle, PA 17013 (717)249-6873 N0.2012-3560 CIVIL TERM MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that on August 16, 2012, I, David A. Baric, Esquire, of Baric Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by class U.S. mail, postage prepaid, to the parties listed below, as follows: Bryan and Anne Marie Seifert 900 Patton Drive Carlisle, Pennsylvania 17013 David A. Baric, Esquire ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff v N0.2012-3560 CIVIL TERM BRYAN K. SEIFERT AND ANNE MARIE SEIFERT MORTGAGE FORECLOSURE 900 PATTON DRIVE CARLISLE, PA 17013, Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P 236 TO: Bryan K. Seifert 900 Patton Drive Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. f~ / n ro onotary Date: v ~~C ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. BRYAN K. SEIFERT AND ANNE MARIE SEIFERT 900 PATTON DRIVE CARLISLE, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-3560 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO Pa.RC.P. 236 TO: Anne Marie Seifert 900 Patton Drive Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matte Prothonotary Date: 0 ~~Q