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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS
TRUST COMPANY OF
CHAMBERS BURG,
CIVIL DIVISION
NO.:
D<f~ 5/77
~
Plaintiff,
YS.
TYPE OF PLEADING
BRIAN L. RHINEHART and
MELISSA A. RHINEHART,
CIVIL ACTION. COMPLAINT
IN MORTGAGE FORECLOSURE
Defendants.
FILED ON BEHALF OF:
Farmers and Merchants Trust Company
of Chambersburg
Plaintiff,
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENIT (20) DA VS
COUNSEL OF RECORD FOR THIS
PARTY:
MAY BE El'
AITO;( 0
Scott A. Dietterick, Esquire
Pa. J.D. #55650
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
20 South Main Street
Chambersburg, Pa 17201
AND THE DEFENDANT(S):
198 Shugh rt
Carlisle,
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, P A 17033
y
A TIOR
(717) 533-3280
CERTIFICATE OF WCA nON
I HEREBY CE~IFY THAT THE WCA nON OF
THE REAL ES" A FEe Y THIS LIEN IS
198 Shughar 0 is)
ATTORNE1 ui
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERS BURG,
CIVIL DIVISION
Plaintiff,
NO.:
vs.
BRIAN L. RHINEHART and
MELISSA A. RHINEHART,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the folIowing
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personalIy or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMP ANY OF CHAMBERS BURG,
CIVIL DIVISION
Plaintiff,
NO.:
vs.
BRIAN L. RHINEHART and
MELISSA A. RHINEHART,
Defendants.
A VISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tamar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente 0 par medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0 cualquier
otra rec1amacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos
importantes para usted.
US TED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIA T AMENTE. SI
USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME A V A Y A A
LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMP ANY OF CHAMBERS BURG,
CIVIL DIVISION
Plaintiff,
NO.: 0'1- S/77 ~ t:-.
vs.
BRIAN L. RHINEHART and
MELISSA A. RHINEHART,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Fanners and Merchants Trust Company of Chambersburg, by its
attorneys, James, Smith, Durkin & ConnelIy LLP, files this Complaint in Mortgage Foreclosure
as folIows:
1. The Plaintiff is Fanners and Merchants Trust Company of Chambers burg, which
has its principal place of business 20 South Main Street, Chambersburg, Pennsylvania 17201.
2. The Defendants, Brian L. Rhinehart and Melissa A. Rhinehart, adult individuals
whose last known address is 198 Shughart Road, Carlisle, Pennsylvania 17013.
3. On or about April 23, 2001, Defendants executed a Note in favor of Plaintiff in
the original principal amount of$97,500. A true and correct copy of said Note is marked Exhibit
"A", attached hereto and made a part hereof.
4. On or about April 23, 2001, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $97,500.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds ofCumberIand County on April 27, 2001, in Mortgage Book
Volume 1696, Page 419. A true and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about July 20,2004, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices ofIntention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 ofl983 and Act 6 of 1974, 41 P.S. SIOI, et seq. True and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendants is as follows:
Principal
Interest through 10/1/04
Late Charges
Escrow Advance
Attorney's Fees
Court, Sheriff and Title Costs
$93,635.87
$ 1,950.75
$ 171.65
$ 909.68
$ 1,250.00
$ 2.500.00
TOTAL
$100,417.95
plus interest on the principal sum ($93,635.87) from October I, 2004, at the rate of$16.03 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9 Pursuant to the Fair Debt Collection Practices Act, 15 U.S.c. S 1692 et seq.
(1977), Defendant( s) may dispute the validity of the debt or any portion thereof. If Defendant( s)
do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if
different from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of$100,417.95, with interest thereon at the rate of$16.03 per diem from October II, 2004 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises.
JAMES SMITH.)I
CONNELLY LLP
1)
BY: J
Scott A. ~eick, Esquire
Attorneys for Plaintiff
PA!.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMA TION OBTAINED
WILL BE USED FOR THAT PURPOSE.
NOTE
Loan Number : 02000~8~45
April 231 200~
[Date
Cha"'fcr&'f'burg
PA [Statel
~98 Shughart Road, Carlisle, PA ~70~3
[Property Address I
-<
1. BORROWER'S PROMISE TO PA Y
In return for a loan that I have received, I promise to pay U.s. $
. 'Principal"), plus interest, to the oIder of the Lender. The Lender is
Company of Chambersburg
I will make all payments under this Note in the fonn of cash, check or money oIder.
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."
97,500.00 (this amount is called
Farmers and Merchants Trust
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 6.250 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B) of this Note.
3. PAYMENTS J
(A) Time and Place of Payments
I will pay principal and interest by making a payment evel)' month.
I will make my monthly payment on the ~st day of each month beginning on June ~, 2 OO~
I will make these payments evel)' 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 May 1, 203~ , I still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "Maturil)' Date."
I will make my monthly payments at Farmers and Merchants Trust Company of
Chambersburg
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. $
600.33
4. BORROWER'SRIGHTTOPREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal ouly 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 accroed 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.
MUL TISTA TE FIXED RATE NOTE-Single Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENT
ITEM 1646L1 (0011)
(Page 1 of J pages)
Fonn 3200 1/01
GAEATLAND.
To OrderC.a:1.8DO.530.93930fu:81IHlIl.1131
5. LOAN CHARGES
If a law. which applies to this loan and which sets maximum loan charges, is fmally 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 Charge Cor Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days aflerthe date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) DeCault
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 DC Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately 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 DC Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attorneys' fees.
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 Propeny 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 anyone of us may be
required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trost, or Security Deed (the "Security Instnunent"), 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
MUL TISTA TE FIXED RATE NOTE-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT
ITEM 1646L2 (0011)
(Page 2 of 3 pages)
Form 3200 IIOt
GREATLAND .
ToOI~lrC:IU: l-IOO.530.83830Fu:811.791.1131
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 permiued by this Security Instrument without further
notice or demand on Borrower.
Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
i~~~~ -B~~2 ~s~?~art
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
{Sign OrigilUlIOnly}
Witnessed By:
..1(J.
,I .-
//
(
JdL,
Pay to the order of
without recourse this
day of
By:
~~
Farmers and Merchants Trust Company
Brett R. Otto, AVP
MULTISTATE FIXED RATE NOTE-Single Family-FllDDie MaelFreddie Mac UNIFORM INSTlI.lJMENT
ITEM 1646L3 (0011)
(Page 3 of 3 pages)
Fonn J:lOO 1IU1
GAEATLANO.
To Ord.rC.II;1.IDO.530.9393CFu:816-791.1131
;fllf- ~
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Loan Number
(Space Above This Line For Recording Data]
0200018145
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defmed below and other words are defmed in Sections
3, 11, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated April 23, 2001
together with aU Riders to this document.
(B) ''Borrower''is Brian L. Rhinehart and Melissa A. Rhinehart,
wife
his
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Farmers and Merchants Trust Company
Lender is a of Chambersburg
and existing under the (aws of Pennsylvania
20 South Main Street, Chambersburg, PA 17201
organized
. Lender's address is
. Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated April 23, 2001
The Note states that Borrower owes Lender Ninety-Seven Thousand Five Hundred Dollars And
00/100 Dollars (U.S. $ 97,500.00 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
May I, 2031
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and aU sums due under this Security Instnnnent, plus interest.
(G) "Riders" means aU Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
o Adjustable Rate Rider
o Balloon Rider
o 1-4 Family Rider
o Condominium Rider
o Second Home Rider
o Planned Unit Development Rider
o Biweekly Payment Rider
o Other(s) [specify]
PENNSYLV ANIA-Single Family-Faonie MaelFl'eddie Mac UNIFORM INSTRUMENT
rrEM 19S0U (0011) (Page 1 of 16 pages)
Fonn 3039 1J\l1
GREATlAND.
TDDrderCIII:1.800-530.9393DFu:816-791.1131
.
BGUl1696~AGE .419
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are Unposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or sUnilar 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 lUnited to, point-of.sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
danlage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Propeny;
(ill) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. ~2601 et seq.) and its
Unplementing regulation, Regulation X (24 C.F.R. Part 35(0), 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, "RESP A" refers to all requirements and restrictions that are Unposed in regard to a
"federally related mongage loan" even if the Loan does not qnalify as a "federally related mongage loan"
under RESPA.
(P) "Successor in Interest oC 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.
PENNSYL V ANIA-Single Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENT
rrEM 19501.2 (0011) (Page 2 of 16 pages)
Fnnn 3039 1101
GREA1lAND .
To Orcl,rC,f1: 1.800.53(1..9:J930Fu:616-191.1131
lttlll~tG9G_ .4~
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ll) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the South Middleton Township
rrype ofRccording Jurisdicoonl
of Cumberland
[Name of Recording Jurisdiction]
which currendy has the address of
19B Shughart Road
[Street]
[City]
, Pennsylvania
17013
[Zip Codel
("Property Address"):
Carlisle
TOGETHER WITH all the iInprovements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencurnbeted, except for
encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all
claUns and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT comhines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
PENNSYL V ANIA-Singlc FlDl!ily-FlUUlie MaeIFreddie Ma. UNIFORM INSTRUMENT
ITEM 19501.3 (OOll)
(Page 3 of 16 pages)
Fonn 3039 1/01
GREATlAND.
To Order C.II; 1.aOO-530.93930Fu: 816-791.1131
eood696 ~AGl ..421
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment or 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 InsbUmem be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
insbUmentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest
on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or c1aiIn which Borrower might have now
or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security InSbUment or performing the covenants and agreements secured by this Security InsbUment.
2. Application or 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 InsbUment, 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 ror 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 InsbUment 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 in,"",nce required by Lender under Section 5; and (d) Mongage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mongage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any
PENNSYLVANIA-Single Family-FamUe MaeIFreddie Mae UNIFORM INSTRUMENT
ITEM 19S014 (0011)
(Page 4 of 16 pages)
Fonn 3039 1101
GREATlAND .
ToO,d.rCIII:I.80Q.530.9393DFu:616.791.1131
BooktGOOPACr. .4~
time during the term of the Loan, Lender may reqnire that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow
Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maxiInum amount a lender can
require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law reqnires 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 RESP A.
If there is a sw:plus of Funds held in escrow, as defined under RESP A, Lender shall account to
Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as
defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, 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 RESP A, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fmes, 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
PENNSYLV ANIA-Single Family-FllDDi. MaeIFreddi. Mac UNIFORM INSTRUMENT
ITEM 195015 (0011)
(Page 5 of 16 pages)
Fonn 3039 1/01
GREATI.AND .
To Ord.rC.II: 1.80D.530.9393[JFu:816.791.1131
flood696PAG[ A23
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 snch proceedings are
concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may reqnire Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
reqnires. What Lender reqnires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each lime remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
All msurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mongagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the nnderlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if. the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
PENNSYLVANIA-Single Family-Fannie Mae/Fredctie Mac UNIFORM INSTRUMENT
ITEM 19501..6 (0011)
(Page 6 of 16 pages)
Form 3039 1/01
GREATIAND .
To OrderC.II: 1.800.530.&3930fu:616.791.1131
1l0o~ tGOO rAct .424
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claiIn
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 claiIn. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged ro avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Propeny, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Propeny,
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.
S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any peISons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material representations
include, but are not lUnited 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
PENNSYLV ANIA-Single Family-Fannie MaelFred.die Mac UNIFORM INSTRUMENT
ITEM 1950L7 (0011) (Page 7 of 16 pages)
Fonn 3039 1101
GREATIAND.
To Drd., Cal!: 1.800.530-11393DFu:IU6.791.1131
BOUk1696,aGE, .425
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regnlations), 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 Propeny, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in conn; 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 Propeny includes, but is not limited to, entering the Property to
make repairs, change locks. replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acqnires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
. continue to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be reqnired 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 reqnires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,
or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in
accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is reqnired by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay
interest at the rate provided in the Note.
Mortgage Insurance reiInburses 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.
PENNSYLV ANIA-5ingle Family-Fannie MaeIFred.die Mac UNIFORM INSTRUMENT
ITEM 19S018 (0011) (Page 8 of 16 pages)
Form 3039 1101
GREATlAND .
T~ Ord.rC.lt: ,.SOO.530.9393DFu:8111-791.1131
f!ood696 PAG( ..426
Mongage 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 mongage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source of
funds that the mortgage insurer may have available (which may include funds obtained from Mongage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying the mongage insurer's risk, or reducing losses. If such agreement provides that an
afftliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has-il' any-with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of 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 shall be paid to Lender.
If the Propeny 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 shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Propeny immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
PENNSYL V ANIA-Single Family-Fannie MaeJFreddie Mac UNIFORM INSTRUMENT
ITEM 1950L9 (0011)
(Page 9 of 16 pages)
Fonn 3039 1101
GREA11.AND.
To Ord,rCIII:1-800.530.9393DFu:818.791-1131
1l00~ 1696 PAUl .421
In the event of a partial taking, destruction, or loss in value of the Property in which the fail 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 claiIn for damages, Borrower fails
to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and
apply the Miscellaneous Proceeds either to restoration or repail 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 begnn that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any
award or claUn for damages that are auributable 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 repail of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be reqnired 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 lUnitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joiftt and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the
co--signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
PENNSYLV ANlA-5ingle Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENT
ITEM 19S0LlO (0011) (Page 10 of 16 pages)
Fonn 3039 1/01
GREATlAND .
To OrdlrC.U:1.8DD.530.93930hl:616.791-T131
ilooktSOO i'AGt 42~
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to anyone 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 anyone time. Any notice to Lender shall
be given by delivering it or by mailing it by fmt class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or iInplicitly 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 shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IS,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not lintited 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 furure date to a purchaser.
PENNSYL V ANIA-Single Family-FlUlIlie MaeIFreddie Mac UNIFORM INSTRUMENT
ITEM 1950LlI (0011) (Page 11 of 16 pages)
Form 3039 VOl
GREATlAND.
hOrd.rC.II:l.800.530.931130Fn:816.791.1131
Boud696 rAGE. 429
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.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower,
this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic
Payments due under the Note and this Security Instrument and performs other mongage loan servicing
obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mongage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given
in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto
a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a
PENNSYLV ANIA-Single Family-Famie MaelFreddie Mac UNIFORM INSTRUMENT
ITEMl950Ll2 (0011)
(Page 12 of 16 pages)
Fonn 3039 1/01
GREATIAND .
To Ord.rC.lI; l-BOO.530.9J1I3Dhl:816.791-1131
Ildod696 PACt .430
time period which must elapsc 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 oppormnity to cure given to
Borrower pursnant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18
shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline. kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as dermed in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Propeny (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Propeny. The preceding two
sentences shall not apply to the presence, use, or storage on the Propeny 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 Propeny. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instnnnent (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instnnnent, foreclosure by judicial proceeding and
sale of the Property. Lender shall further wonn Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense
of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its
option may require immediate payment in full of all sums secured by this Security Instnnnent without
further demand and may foreclose this Security Instnnnent by judicial proceeding. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, attorneys' fees and costs of title evidence to the extent pennitted by Applicable Law.
PENNSYLV ANIA-Single Family-Fanoie MaelFreddie Mac UNIFORM INSTRUMENT
ITEM 1950L13 (0011)
(Page 13 of 16 pages)
Fonn 3039 1101
GAEATLAND.
ToDrduC.II:1.8DO.530-8393Dfu:61l3.791-1131
flOUK 1696 PACf, 431
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall tenninate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mongage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mongage foreclosure shall be the rate payable from time to time under
the Note.
PENNSYL v ANIA-Sing1c Family-Fannje MaelFreddie Mac UNIFORM INSTRUMENT
ITEM 1950114 (001')
(Page 14 of 16 pages)
Fnnn 3039 1/01
GAEATLAND .
To DrdlrCIII: I.S00-53D-9393DFu:816.791-1131
Bood696ract .432
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages
1 through 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it.
rj2- ~{L ~ (Seal) \.U~~~ll(seal)
Brian L. Rhinehart -Boorow~ Melissa A. Rhinehart -Bmrow~
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Witness:
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Witness:
PENNSYLV ANlA-Single Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENI'
ITEM 19SOL 15 (0011)
(Page 15 of 16 pages)
Fonn 3039 1/01
GREATLAND.
Tn Drd.rC.II: 1.800.530-93930fll:816.791.1131
lloud69G PAGE. 433
State of
COUDty of
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CUmberland
On this the 23rd day of April, 2001 , before me,
the undersigned officer, personally appeared Brian L.
Rhinehart and Melissa A. Rhinehart, his wife
known to me (or satisfactorily proved) to be the person(s) whose name(s) are
, ,sub~'tiibed.1(> the within instrument and acknowledged that they executed the same for the purposes
,,~,,;th~einS(),!lfi!i.ned.
;1#~;.~.' "'_J:~;~~~S WHEREOF, I hereunto set my hand and official seal.
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My commission expires:
After Recording Return To:
Farmers and Merchants Trust Company
20 South Main Street
Chambersburg, PA 17201
CERTIFICATE OF RESIDENCE I, Paul R. Remy
do hereby certify that the correct address of the within named lender is 20 South Main
Street, Chambersburg, PA 17201
Witness my hand this 23 rd
day of
April, 2001 .
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L Agent of Lender
Paul R. Remy
PENNSYL V ANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
ITEM 19S0Ll6 (0011)
(Page 16 of 16 pages)
Form 3039 1101
GREATLAND .
To Order Call: 1-800.530.93930Fu:B1S-791-1131
Boud696 'AGE, 434
5.c'hedule
c
Land
Description
Number
ALL that certain tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a plan prepared by John K. Bixler,
RPLS dated September 21, 2000 and recorded in the Office of the Recorder of Deeds in Plan
Book 82, Page 23, as follows:
BEGINNING at a point on the centerline of West Lisbum Road, LR 21013 at the
intersection of centerline of Shughart Road, T -686; thence along centerline of Shughart Road, T-
686, South 33 degrees 40 minutes 57 seconds West 261.96 feet to a point in Shughart Road, T-
686; thence still along centerline of Shughart Road, T -868 by a curve to the right having a radius
of 332.00 feet an arc distance of 188.24 feet on a chord bearing of South 49 degrees 55 minutes
31 seconds West to a point; thence still along same South 66 degrees 10 minutes 06 seconds
West 261.78 feet to a point; thence crossing Shughart Road, T-686 North 23 degrees 49 minutes
54 seconds West 20.00 feet to a point; thence along lands now or formerly of Daniel A. Irwin,
North 32 degrees 03 minutes 59 seconds West 305.90 feet to an iron pin set; thence still along
other lands ofIrwin North 24 degrees 47 minutes 19 seconds East 364.43 feet, through an iron
pin set 20.00 feet before the terminus of this call, to a point in centerline of West Lisbum Road,
LR 21013; thence along the centerline of West Lisbum Road LR 21013 South 65 degrees 12
minutes 41 seconds East 27.76 feet to a point; thence continuing along the centerline of West
Lisbum Road, LR 21013 by a curve to the left having a radius of 878.00 feet an arc distance of
147.81 feet on a chord bearing of South 70 degrees 02 minutes 03 seconds East to a point; thence
still along the centerline of West Lisbum Road, LR 21013 South 74 degrees 51 minutes 26
seconds East 394.28 feet to a point the Place of BEGINNING.
CONTAINING 5.5780 acres and designated as Lot No.2 on Plan for Daniel A. Irwin.
I Certify this to be recorded
In Cumberland County P A
Bo'odtmG-. ,435
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Date: July 20, 2004
TRUST
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default, and the lender
intends to foreclose. Specific information about the nature ofthe default is provided in the
attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to
help to save vour home.
This Notice explains how the program works.
To see ifHEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou
when you meet with the Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have anv Questions, you may call the
Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDIT AMENTE LLAMANDO ESTA AGENDIA (pENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
717-264.6116 888-264-.6116 P.O. 80x 6010
. F INA N.ciAL?$O.l..url-otj S.., .F.ROM
Chambersburg, PA
17201-6010
~.'EO.P LEV.QU . K N () W .
.;.,
HOMEOWNER'S NAME (S):
Brian L. Rhinehart
Melissa A. Rhinehart
PROPERTY ADDRESS:
198 Shughart Road, Carlisle, Pennsylvania 17013
LOAN ACCOUNT NO.:
0200018145
ORlGINAL LENDER:
Farmers and Merchants Trust Company
CURRENT LENDER/SERVICER: Farmers and Merchants Trust Company
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU CAN COMPLY WITH THE PROVISION OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGmILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYL VANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE..Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that lime you must arrange
and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this
Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT', EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--Ifyou meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days
after the date of this meeting. The names. addresses. and telephone numbers of designated consumer credit
counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only
necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSIST ANCE-- Y our mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default.) If you have tried
and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed
Homeowner's Emergency Assistance Program application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in suhmitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST he filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIllS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME lMMEDIATEL Y AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION..A vailable funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified
directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF TIllS NOTICE IS FOR INFORMATION PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brio!! it up to date).
NATURE OF THE DEFAULT.. The MORTGAGE debt held hy the above lender on your property
located at: 198 Shughart Road. Carlisle. Pennsylvania 17013-9228. IS SERIOUSLY IN DEFAULT because you
have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days.
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the May, June and July
1,2004. The following amounts are now past due:
Principal
Interest
Other Charges:
Legal Fees
Escrow
Late Charges
$ 334.44
$1,466.55
$ 50.00
$ 678.36
$ 111.63
TOTAL AMOUNT PAST DUE:
$2,640.98
HOW TO CURE THE DEFAULT--youmay cure the default within THIRTY (30) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $ 2.640.98 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD.
Payments must be made either by cash. cashier's check. certified check or money order made
payable and sent to:
FARMERS AND MERCHANTS TRUST COMPANY
P.O. BOX 6010
150 LINCOLN WAY EAST
CHAMBERSBURG, PA 17201
IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the
morteaee debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon vour morteaeed
property.
IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers this case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorneys' fees that were actually incurred, up to $50.00.
However, iflegal proceedings are started against you, you will have to pay all reasonable
attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorneys' fees
will be added to the amount that you owe the lender, which may also include other reasonable
costs. If you cure the defanlt within the THIRTY (30) DAY period. vou will not be
required to pay attorneys' fees.
OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured
the default within the THIRTY (30) 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 Sale. You may do so by paving the total amount then past due, plus anv late or other
charges then due. reasonable attorneys' fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs' Sale as specified in writing by the lender and by
performing anv other reauirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that
such a Sheriffs' Sale of the mortgaged property could be held would be approximately six
months from the date of this Notice. A notice of the actual date of the Sheriffs' Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Farmers and Merchants Trust Company
150 Lincoln Way East, P.O. Box 6010
Chambersburg, PA 17201
717-261-3641
717-261-3646
Lorie M. Heckman
Phone Number:
Fax Number:
Contact Person:
EFFECTS OF SHERIFF'S SALE-You should realize that a Sheriffs' Sale would end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs' Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-- Y ou may not sell or transfer your home to a buyer or
transferee that will assume the mortgage debt.
YOU MAY HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF
NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT.
(HOWEVER, YOU DO NOT HAVE THIS RlGHT TO CURE YOUR
DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED
UNDER THE MORTGAGE DOCUMENTS,
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Financial Services Unlimited
31 West 3'" Street
Waynesboro, PA 17268
717-762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
717-243-3818
FAX 717-243-3948
CCCS of Western Pennsylvania, Inc.
912 South George Street
York, PA 17403
717-846-4176
American Red Cross-Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
717-637-3768
FAX 717-637-3294
Community Action Commission
of Capital Region
1514 Derry Street
Harrisburg, P A 17104
717-232-9757
FAX 717-234-2227
Urban League of Metropolitan Hbg.
2107 N. 6th Street
Harrisburg, P A 17101
717-234-5925
FAX 717-234-9459
CCCS ofWestemPA
2000 Linglestown Road
Harrisburg, PA 17102
717-541-1757
FAX 717-541-4670
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, P A 17325
717-334-1518
FAX 717-334-8326
PLEASE BE ADVISED THIS IS AN EFFORT TO COLLECT A DEBT. ANY AND ALL
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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VERIFICATION
I, Lorie Heckman, Credit Recovery Officer, on behalf of Farmers and Merchants Trust
Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904
relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint
in Mortgage Foreclosure are true and correct to the best of my information, knowledge and
belief.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMP ANY OF CHAMBERS BURG,
CNIL DNISION
Plaintiff,
NO.: 04-5177 Civil
vs.
BRIAN L. RHINEHART and
MELISSA A. RHINEHART,
Defendants.
PRAECIPE TO REINST ATE COMPLAINT
TO THE PROTHONOTARY:
Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned
term and number reinstated.
Respectfully submitted,
DATE: l) 1 !l! O't
BY:
S tt A. Dietterick, Esquire
Attorneys for Plaintiff
P ALD. #55650
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMP ANY OF CHAMBERS BURG,
CIVIL DIVISION
Plaintiff,
NO.: 04-5177 Civil
vs.
BRIAN L. RHINEHART and
MELISSA A. RHINEHART,
Defendants.
PRAECIPE TO DISCONTINUE ACTION
TO THE PROTHONOTARY:
Please discontinue the above captioned action without prejudice.
Submitted by:
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
BY:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05177 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
RHINEHART BRIAN L ET AL
DARRELL GOODHART
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
RHINEHART MELISSA A
the
DEFENDANT
, at 1220:00 HOURS, on the 23rd day of November, 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
MELISSA A RHINEHART
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
.00
.00
10.00
.00
28.00
Sworn and Subscribed to before
me this
-1&
~~
day of
c~
.11}() -!J"
A.D.
So Answers:
~"'# ~
_._ _-.7"" i ..,:.r .
.r );fjt:"::;7~,d:<. .. .
R. Thomas Kline
11/23/2004
JAMES SQIE;nI~ CONN~LL
B~' l ; 1
. . J1.4J 1 &~;J
Deputy Sheriff
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-05177 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
RHINEHART BRIAN L ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
RHINEHART MELISSA A
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, RHINEHART MELISSA A
198 SHUGHART ROAD
CARLISLE, PA 17013
198 SHUGHART ROAD IS VACANT DUE TO FIRE DAMAGE.
DEFENDANT'S ADDRESS IS UNKNOWN.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
3.70
5.00
10.00
.00
24.70
so. ~..s. :/ /../.............-................. ...... ...-'
. ~~~-
R. Thomas Kllne .
Sheriff of Cumberland County
-~
JAMES SMITH DIETTERICK CONNELL
11/02/2004
Sworn
and subscribed to before
'I lie: day od-h
me
this
.~
,:).(,~?.!:J A.D.
C. h.... {l )-n.i,,~ ~,
Pr t onotary ;
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-05177 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
RHINEHART BRIAN L ET AL
R. Thomas Kline
,Sheriff or Deputy Sher~ff, who being
duly sworn according to law, says, that he made a dil~gent search and
I
I
i
inquiry for the within named DEFENDANT
RHINEHART MELISSA A
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT
, NOT FOUND , as to
i
, RHINEHART MELISSA ~
I
i
I
101 SYCAMORE DRIVE
MT HOLLY SPRINGS, PA 17065
DEFENDANT DOES NOT LIVE AT 101 SYCAMORE DRIVE
MT HOLLY SPRINGS, PA 17065. HER ADDRESS IS UNKNOWN.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
5.18
5.00
10.00
.00
26.18
I "/
So .answ..e.....y-~.:...... ............ ........./...1:.::_......._........:.-
J ~..////~~_...
. . ~R. ~';~o.ma~~r..
Sheriff of Cumberland ~ounty
JAMES SMITH DIETTERICKiCONNELL
11/02/2004
Sworn and subscribed to before me
this <j E day 0+~-a7
.;) tr1J j"" A . D .
('1.._ Q ~h-J J)kiC
~otary J -r /
SHERIFF1S RETURN - REGULAR
CASE NO: 2004-05177 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
RHINEHART BRIAN L ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy She~iff of
I
Cumberland County, Pennsylvania, who being duly sworn ~ccording to law,
says, the within COMPLAINT - MORT FORE was served!upon
RHINEHART BRIAN L the
DEFENDANT , at 1217:00 HOURS, on the 28th day ofiOctober , 2004
at 138 OLD STATE ROAD
GARDNERS, PA 17324
by handing to
BRIAN L. RHINEHART
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.10
.00
10.00
.00
39.10
So Answers:
.~:;;;:~:~>;:;.;.,,:.c' .:<~~
R. Thomas Kline . i
11/02/2004
JAMES SMITH
Sworn and Subscribed to before
~
me this 'i -- day of
~ ..2 {)-f;J../ A. D.
.' ~/!;,o~,~