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HomeMy WebLinkAbout12-5907... , , ~."r,, !. .' r + _. ~ ~' .. , ~ : rsL 1 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. ~l V ~~ . No. ~ p~- rJ~?d~ GARY M. KOPPERMAN, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. Q~.~.~~~3.~s~ (Zk~ ~Sl o~lo THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-6200 Notice Required Under the Fair Debt Collection Practices Act, 15 U.S.C. X1601 has amended) and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, 73 Pa.Con.Stat.Ann. §201, et seq. ("The Acts"). To the extent that the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the creditor's law firm, unless the debtors, within thirty (30) days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the debtors notify the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. -2- 5. If the creditor who is named as Plaintiff in the attached Complaint is not the original creditor, and if the debtor makes written request to the creditor's law firm within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 6. Written request should be addressed to: Marc A. Hess, Esquire HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 7. THIS MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. MARC A. H SS -3- a HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. No. GARY M. KOPPERMAN, Defendant COMPLAINT 1. The Plaintiff is Mid Penn Bank of 5500 Allentown Boulevard, Harrisburg, Pennsylvania 17112. 2. The Defendant is Gary M. Kopperman, an adult individual with a last known address of 17 North 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about December 30, 2005, the Plaintiff made a loan to the Defendant the original principal amount of Two Hundred Twenty-Three Thousand Six Hundred Dollars ($223,600.00), evidenced by a Note, which was dated, executed and delivered to Plaintiff on or about December 30, 2005, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the "Note") 4. Contemporaneously with the execution of the Note, in order to secure payment of the same, Defendant made, executed and delivered to the Plaintiff a real estate Mortgage dated December 30, 2005, which was recorded on January 4, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 1936, at Page 2360 (the "Mortgage"), conveying to the Plaintiff a security interest in the real estate described therein, a copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference. 5. On or about February 14, 2011, Plaintiff and Defendant entered into a Mortgage Modification Agreement, a true and correct copy of which is attached hereto as Exhibit "C" and made a part hereof by reference. 6. The Note, Mortgage and Mortgage Modification Agreement have not been assigned. 7. The premises subject to the Mortgage is a certain lot and piece of ground situate at 17 North 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011, Parcel No. 01-21-0271-331, as more particularly described on Exhibit "B" attached hereto (the "Mortgaged Real Property"). 8. The Defendant is the present owner of the Mortgaged Real Property subject to the Mortgage. 9. The Defendant is in default of his obligations under the Note, Mortgage and Mortgage Modification Agreement, having failed to pay the installment due on April 1, 2012, and all subsequent installments. -2- 10. The terms of the Note, Mortgage and Mortgage Modification Agreement provide that in the event of default Defendant shall be liable for Plaintiffs costs and attorney's fees. 11. For purposes of this action, the Bank believes and therefore avers that Two Thousand Five Hundred Dollars ($2,500.00) constitutes reasonable attorney's fees for enforcing the Note, Mortgage and Mortgage Modification Agreement. However, the Bank recognizes that it is restricted by law to those attorney's fees that are actually incurred. If those fees are less than Two Thousand Five Hundred Dollars ($2,500.00), the Bank agrees to adjust its demand for attorney's fees, if applicable, at the time of payment or adjustment. If the Bank's actual attorney's fees are in excess of Two Thousand Five Hundred Dollars ($2,500.00), the Bank believes it has a right to recover the same and thereafter make demand for payment thereof. 12.As a result of the default in the Note, Mortgage and Mortgage Modification Agreement, the following amounts are due and owing: Principal - $ 177,064.46 Interest to 9/28/2012 - 7,322.45 Late Fees to 9/28/2012 - 1,150.72 Attorney's Fees and Costs of Suit (estimated herein, actual to be collected) - 2,500.00 Total - $ 188,037.63 Plus interest after September 28, 2012, and continuing after entry of judgment at the contract rate ($34.72 per diem), actual attorney's fees as have been or may be incurred by Plaintiff, additional late fees after September 28, 2012, at the contract rate, costs of -3- suit and all other amounts, fees and costs expended by Plaintiff to maintain its collateral and incidental to execution and levy. 13. No judgment has been entered upon the Note, Mortgage or Mortgage Modification Agreement in any jurisdiction. 14. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 6 of 1974, and as amended by Pennsylvania Act 57 of 2008 (41 P.S. §101, et seq.) by sending to Defendant, by certified mail, Notice of Intention to Foreclose Mortgage. A true and correct copy of the Act 6 Notice is attached hereto as Exhibit "D". 15. To the best of the undersigned's knowledge and belief, Defendant is not member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the provisions of the Service Members Civil Relief Act of 2003, as amended. 16. Notice pursuant to Federal Fair Debt Collection Practices Act 15 U.S.C. §1692, et seq. (1977). This is an attempt to collect a debt. Any information received by the undersigned will be used for the purpose of collecting the debt set forth herein. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this Complaint, we will assume the debt to be valid. If within the thirty (30) day period you dispute the debt or any portion thereof, you are entitled to a written verification of the debt. If the current creditor is not the original creditor on this account, we will also advise you, upon request, of the name and address of the original creditor. Be advised that the thirty (30) day time period allotted herein will not stop or toll -4- the time period set forth above in the Notice to Plead, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. 17. This is an in personam action on a Note secured by the Mortgage, and is not an action in mortgage foreclosure. Any judgment entered in this matter shall for lien priority relate back to the date of the Mortgage as to the Mortgaged Real Property. WHEREFORE, Plaintiff, Mid Penn Bank, demands that judgment be entered in its favor and against the Defendant, Gary M. Kopperman, in the amount of: Principal - $ 177,064.46 Interest to 9/28/2012 - 7,322.45 Late Fees to 9/28/2012 - 1,150.72 Attorney's Fees and Costs of Suit (estimated herein, actual to be collected) - 2,500.00 Total - $ 188,037.63 Plus interest after September 28, 2012, and continuing after entry of judgment at the contract rate ($34.72 per diem), actual attorney's fees as have been or may be incurred by Plaintiff, additional late fees after September 28, 2012, at the contract rate, costs of suit and all other amounts, fees and costs expended by Plaintiff to maintain its collateral and incidental to execution and levy. HE E LLP By: -._ __ MARC A. H SS I . D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Plaintiff -5- MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWV vs. No. GARY M. KOPPERMAN, Defendant VERIFICATION I, Amy M. Custer, being duly affirmed according to law, depose and say that I am an Assistant Vice President -Asset Recovery Manager of Mid Penn Bank, and that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MID PENN BANK By: - my ter Vice Pr ~ nt Asset Recovery Manager NOTE ...............1z:3Q:2A0.5................ ...............M-~LERS9U.R.G................ .............PENNSYJ.YANIA............. (Deter (City) (Stetei ........................ ......................17 N.,26TH STREET,,CAMP HILL, PA.,1101 ~.............................................. (Prop~ny Addreal 1. BORROWER'S PROMISE TO PAY [n return for a loan that I have received, 1 promise to pay U.S. SZ23,60Q;OQ,,,..^.,,,,,,,,,,,,,,,,,,,,, (this amount I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the 'Note Holder." 2. INTEREST Interest will be char ed on unpaid principal until the full amount of Princi al has been paid. I will pay interest at a yearly rate of ... ...........Zr~5R 90. Interest will be charged beginning on .lzz9•.2~O.r7.................................,......... . 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 [his No[e. 3. PAYMENTS (A) Periodic Payments I will pay principal and interest by making periodic payments when scheduled: Q I will make ...................... payments of S .....................,.............,................... each on the .......... ...................................................... of each ...........................................................,........... ........................................................... beginning on ...................................................... . ~4 I will make payments as follows: 59 MONTHLY PAYMENTS OF 51,616.20 BEGINNING 02.01.2006. (i4 !n addition to the payments described above, I will pay a "Balloon Payment" of $ .2Q6,.~Q.Ot40 ..................... on .Q1.:G~.:2d~.~ .................................The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) Maturity Date and Place of Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic payments will be applied as of its scheduled due date and will be applied to interest before Principal. If, on ... 1:Q~:z0.1.1 ................................................................ I still owe amounts under this Note, [will pay those amounts in full on that date which is called the "Maturity Date." I will make my periodic payments at 349.UNION,STREET,.NI1LLEf~SBURG, PA,17061„•,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ....................................................................................................................................................... ..................................................................................................................:.............. or at a different place if required by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, 1 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 periodic payments due under this Notc, 1 may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that [owe under this Note. However, the Nate Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. It I make a partial Prepayment, there will be no changes in the due date or in the amount of my periodic payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fatally 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 tb) 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 for Overdue Payments If the Note Holder has not received the full amount of any periodic payment by the end of .~~ .......................... calendar da s after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be ........~IQQd~% of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. The minimum late charge is (B) Default S 20.00 If I do not pay the full amount of each periodic payment on the date it is due, 1 will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 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 Watver By Notc Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately m full as described above, the Note Holder will still have the right to do so if I am in default a[ a later time. MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) ~~,r~, !~ Bentar• 9yr:tema, Inc., St. Goad, MN Form MPFR~MN 1(19/1003 V06 00 tel: MPFR~PR (PeBe I o/ 2 PBBaJ) (E) Payment of Note Holder's Costs and Expenses if the Nate 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 ur the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law require a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to of that different address, i 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If morn than one person signs this Note, each person is fully and personally obligated to keep al] 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 (his Note. The Note Holder may enforce its tights under this Note against each person individually or against ap of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS ~ I and any other person who has obligations under this Note waive the rights of Presentment and :Notice of Dishonor. "Presentment" means the right to requite the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to othei persons that amounts due have not been paid. ID. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instnunent"), dated .~2-.30-zQO.5 ..................... protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Propert}~ 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 Wis Security Instrument. However, this option shall noit be exercised by Lender if such exercise is prohibited by Applicable Law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is 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. 11. BALLOON PAYMENT DISCLOSURE ~ [Comp]ete the Balloon Payment notice below if this Note provides for a Balloon Payment at Section 3(A) on page 1 of this Notc.] i THIS LOAN IS PAYABLE IN FULL QN...JANUARY.A~.,zO,~~ ............................................................. .....................................................................................................AT.MAT!lRIT!f I MUST REPAY TIIE ENTIItE PRINCIPAL BALANCE OF THE LOAN AND UNPAH) INTEREST THEN DUE, WHICH MAY BE A LARGE PAYMENT. LENDER TS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TB1iE. I WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT 'OF OTHER ASSETS THAT I MAX OWN, OR I WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I HAVE THIS LOAN WITIi, WH.LING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, I MAY HAVE'['O PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING FROM THE SAME LENDER. i WITNESS THE HAND(S) AND SEAL(S) OF E U~RSIGNED. ... .................... ..........................................................(Sea!) RY M. KO PER •Borrower ........................................................................... (Seal) •Borrower (Sign Original Only) Benka, Syatema, Inc., SI. Cloud, MN Form MPFR-MN Zl19/Ipp$ I /pays 2 071 pepea/ Prepared By: MID PENN BANK 349 UNION ST MILLERSBURG, PA 17061 Return To: MiD PENN BANK 349 UNION ST MILLERSBURG, PA 17061 Oz~~3~~ Premises:l7 N. 26TH STREET, CAMP HILL, PA 17011 Parcel Number: ~~.~ [Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in ~- Sections 3, 11, I3, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated 12.30.2005 , together with all Riders to this document. (B) "Borrower" is GARY M. KOPPERMAN Borrower is the mortgagor under this Security Instnrment. (C) "Lender" is MID PENN BANK lender is a CORPORATION PENNSYLVANIA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -61PA) 105021 ® ~7I /'~/ Page 1 of 18 Initials. l~`~- VMP Mortpapa Solutions, Inc. (90015 21-7 2 91 QI~ 1936rG2360 Form 3039 1101 B organized and existing under the laws of THE STATE OF PENNSYLVANIA Lender's address is 349 UNION ST, MILLERSBURG, PA 17061 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated 12.30-2005 . The Note states that Borrower owes Lender TWO HUNDRED TWENTY THREE THOUSAND SIX HUNDRED AND N0~100 Dollars (U.S. $ 223,600.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than01.01.2011 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable] ; ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Dome Rider ^ Balloon Rider ^ Planned Unit Development Rider ^ 1-4 Family Rider ^ VA Rider ^ Biweekly Payment Rider ^ Other(s) [specify] (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. (n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (.>) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I{) "Escrow Items" means those items that are described in Section 3. (I,) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. {I~ "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, r~~,• 1/',~,~' Initi ale: ~/ ~ 1,~ •6tPA) roso21 Pepe 2 of 16 Farm 3039 1/01 BK 1936PG236 I (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of $orrower" means any party that has taken title to the Property, whether or not that parry has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and al] renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Securiry Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the [Type of Rxording Jurisdiction] Of (]Yatne of Recording lurisdictiou): which currently has the address of 17 N. 26TH STREET [Street) CAMP HILL [c;tyl, Pennsylvania 17011 [zip code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the propety. 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." Initials: ~ MI.L -6tPA! Ie5o2) Peae3 of to Form 3039 1/01 8K 193GPG2362 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section i5. 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 ouutanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note: (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be G M- (~ i~~usi:: (~-6(PAl iosozi Pega4 of 16 Form 3039 7101 8193©~G2363 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 shat] be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any tune during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Fnnds 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 maxirrtum amount a lender can require under T2ESPA. 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 C.aw. 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 tune specified under 12ESPA. 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. UNess an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be .required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest ~nftls~:: ~:1.~_~ ~~,1.61PA1 co5ozi Pape 5 0118 Form 3039 1;01 Blt 1936PG2364 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by 12ESPA. If there is a surplus of Funds held in escrow, as defined under 1ZESPA, Lender shall account to Borrower for the excess funds in accordance with 12ESPA. If there is a shortage of Funds held in escrow, as defined under }ZESPA, Lender shall notify Borrower as required by 1tESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RFSPA, but in no more than i2 monthly payments. If there is a deficiency of Funds held in escrow, as defined under 1tESPA, Lender shall notify Borrower as required by ItESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with 12ESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any, To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but orily so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a Jien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the Lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay aone-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. ~Mr< Initid:: ~•ti(PA) (oeozi Pape 8 0l IB Form 3039 1101 BKi936PG2365 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 insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall Warne 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 underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided [hat 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 fife, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not io 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. Initials• v `/y ~G -6(PA) (05021 Peoe7 of i8 Form 3039 7101 Blt 1936f G2366 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 Bonower'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 to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage ta, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has .released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. bender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (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 regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Initials: " ~~~_ -6tPA) (oso21 Pape 8 of 18 Form 3039 1,101 BK193CPG~'367 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee 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 premitms 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 anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. 1f 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 anon-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 required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total iisk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other parry (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts [hat derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not 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. Initials: ~ ~ ~< -li(PA) (05021 Pace 9 of t6 Form 3039 1101 B.{ 1936PG2~Ga {b) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain 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 cancelIatio^ or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until 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. Uriless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (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. ]n the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. 1f the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower 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 repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding tta be Initials: `~ Y~ ~~ -6tPA1 10507) Page 10 of t6 Form 3039 1/O1 BI{1936PG2369 dismissed with a ruling that, in Lender's judgmcnt, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property sha[1 be applied in the order provided for in Section Z. 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 $orrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security ]nstrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shalt be joint and several. Hawever, 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 tetras of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lendcr 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 o]' 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. 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 chrege 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 witty this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to M ~' Innisls: ~_ -61PA) lo5ozl Pape i ~ or ie Form 3039 1(01 8~ 1936PG23;~0 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 any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. 1f Leader specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to $orrower. 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 ]aw of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument ar 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 1n Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Froperty, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such f:xercise 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 Initials: ~'~ ` ~_ -61PA) loso2l Page iz o~ le Form 3039 1f01 BI{ 1936PG237 I 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 tight 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 mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, 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 mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and ate not assumed by the Note purchaser uriless 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 time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental 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 envirottmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as deemed in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Initlals:l% `r' ~•6(PA) 105021 PaOs t3 al to Form 3039 1101 BK193GPG2372 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, ~, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental '; Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer produce). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govetvmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Envirotunental Condition, including but not limited to, any spilling, ]eaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. if Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other 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 nn 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 Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all stuns secured by this Security Instrument j without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such 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 parry 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 orte hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. ]f any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note, -lilPA) Ioeozf Papa is or is Form 3039 1!01 B!{ 1936PG2373 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) R OPPER -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Barrowcr _ (Seal) -Borrower ~•6(PA) toeozi PaQa t5 or to Form 3039 1/01 ~8-~ I ~36PG237.4 CONIlbIONWEALTH OF PENNSYLVANIA, ~''`~- ~ ~~~ ~~ J County ss: On this, the 30TH day of DECEMBER, 2005 ,before me, the undersigned officer, personally appeared GARY M. KOPPERMAN known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: _ ~ ~. ~ ~~ ~~~ Title of Officer Certlflcate of Residence I, CINDY A DOYLE , do hereby certify that the correct address of the within-named Mortgagee is 349 UNION ST, MILLERSBURG, PA 17061 Witness my hand this 3DTH day of ~E 2005 ~. ~~l \ Agent of Mortgagee lniliels: l,1" s'N~ -6~PA) (05021 Pape to of I6 -. Form 3039 1/07 i I i BIB 1 93GPG2375 ~. ~ -, I ~~ i ~; i,> be recorded .,. ~ ~~Ili~hcrl<~,,,~ Cotu~ly PA ,, \ ;i v Recorder of Deeds PAYMENT RIDER THIS PAYMENT RIDER is made this ,30TH,.,,,,,,,,, day of ,DECEMBER,,2005,,,,,,,,,,,, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date ggiven b~y the undersi ned (("the Borrower"1 to secure Borrower's Note to ..,N1,ID.PEIVN,BANK,,349UNlON STr„ .MILLER~J,BUAG, PA„17061 ................................................................................................ .......................................................................................................... ("the Lender") of the same date and coverin the ro ert described in the Security Instrument and located at: .17,N., 26TH,STREET, CAMP,~ILL,,f~A , {{~701y1 ..................................................................... [Property Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PERIODIC PAYMENTS OF PRINCIPAL AND INTEREST The Note provides for periodic payments of principal and interest as follows: 3. PAYMENTS (A) Periodic Payments I will pay principal and interest by making periodic payments when .scheduled: ^ I will make .......................... payments of S .,,.................,..,....,..,,..,..................... each on the ............................................................................................................ of each .................................................................................................................. .......................................... beginning on ..............,.....,.,........,.,,.,.,,..........,,,.,..... . ~,' 1 will make payments as follows; 59 MONTHLY PAYMENTS OF 51,616.20 BEGINNING 02.01.2006. fXl In addi ion to the payments described above, I will pay a "Balloon Payment" of g 206,100;0,,,,,,,,,,,,,,,,, on ,01;01;2011,,,,,,,,,,,,,,,,,,,,,.,,,,,,,.,.,,,,,,,,. ,The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. IB) Maturity Date and Place of Payments will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic payments will be applied to interest before Principal. If, on .Q~;~1:2011,,,, ,, ,,,,,,,,,,, 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date," 349 UNION STREET MILLERSBURG PA 17061 I will make my periodic payments at ...........................r..............,.. s..,,.......,...,,......,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, or at a different place if required by the Note Holder, MULTIPURPOSE FIXED RATE PAYMENT RIDER (MULTISTATE) Bankers Systems, 1nc., St, Cloud, MN Form MPFR-PR 6!15!2004 ~,~. ref: MPFR-MN (page 1 of 2 pages) B1~ 193GPG237G O B. FUNDS FOR TAXES AND INSURANCE Uniform Covenant 3 of the Security Instrument is waived by Lender. BY SIGNING BELOW, Borrower accepts and agre s to the terms and covenants contained in this Payment Rider. /~~ ~ K (Seal) RY M. K ~ERMA -Borrower .......................................................... (Seal) i -Borrower Bankers Systems, Inc., St. Cloud, MN Form MPFR-PR 6/15/2004 i i 81~ 1 936~G2377 (page 2 of 2 pages) r - I ' SCHEDULE C Legal Description Commitment Number: GR05-1285REP ALL THOSE three Lots of ground situate, lying and being in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, and known as Lots Nos. one (1 ), two (2) and three (3), Section "A" in the Plan of Lots known as the First Addition to the Borough of Camp Hill, Cumberland County, Pennsylvania. Said plan of lots is recorded in the Recorder's Office of Cumberland County, at Carlisle, Pennsylvania, in Record Book "M", Vol. 6, Page 600. Said Lots Nos. one (1), two {2) and three (3), Section "A", are more particularly bounded and described as follows, to wit: On the North by Lot No. four (4) On the East by King Alley; On the South by Plum Alley; and On the West by Bowman Avenue (now North 26~' Street). CONTAINING sixty (60) feet in front on Bowman Avenue (now North 26~' Street), and extending back a width of seventy-four (74) feet to King Alley; and being improved with a two and one-half story frame dwelling house known as 17 N. 26'h Street. g}(~ 936PG?378 STEWAR'r TITLE „., . o . ,.,...., i w, MID PENN BANK THIS AGREEMENT made as of the 1st day of February, 2011, between Gary M Kopperman (borrower) AND Mid Penn Bank (lender), which is organized and existing under the laws of The State of Pennsylvania. WHEREAS, Mid Penn Bank loaned the sum of $223,600.00, as evidenced by a Note and Mortgage, executed and delivered on December 30, 2005, against the following property: 17 N. 26~' Street, Camp Hill, PA, 17011 more particularly described in said Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County, PA, Deed Book 1936, Page 2360. NOW THEREFORE, in consideration of the indebtedness and the changes herein contained, and intending to be legally bound hereby, the parties do hereby agree as follows: CHECK APPROPRIATE LINE AND COMPLETE NECESSARY INFORMATION. 1. DRAW PERIOD. The five (5) year draw period under your Home Equity Line of Credit Agreement, which expires on „ is hereby extended for an additional five (5) years, and will expire on X 2. MATURITY DATE. The maturity date of this obligation, on which date the entire unpaid balance of principal and interest shall become due and payable, if not made earlier, shall be February 1, 2014, rather than the date originally set forth in said Note and Mortgage. X 3. RATE OF INTEREST. The interest rate on this obligation shall remain at 7.25% for the term of the loan. X 4. FIRST PAYMENT. This loan shall be paid over a period of three (3) years with payments based upon the remaining amortization of two hundred and thirty-nine (239) months. Commencing March 1, 2011, the loan shall be payable in thirty-five (35) consecutive monthly installments, including principal and interest, in the amount of $1,438.48, with an estimated final payment due February 1, 2014 in the amount of $169,434.32. X 5. FEES. The fees associated with this obligation shall be in the amount of $100.00. Borrower shall also be required to pay the January 1, 2011 and February I, 2011 payments in the amount of $1616.20 each for a total of $3,332.40. ~~/ rnooHe~oc.ooc~nrzoio ~,~ c _~ In all other respects, the provisions of said Note and Mortgage shall remain unchanged and in full force and effect. ~1ESS: ~~ i Gary M K pe an LENDER MI ENN BANK ric D. M ma L COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF .~ uPh'n } On this, the ~~ay of February 201 1, before me, the undersigned officer, personally appeared Gary M Kopperman (Mortgagors) known to me, or satisfactorily proven, to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Jared M. Leonard, Notary Publlc Middle Paxton'TWp., Dauphin Cour otary Public COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF puv~Dj'1in ) On this, the ~~y of February 2011, before me, a Notary Public, the undersigned officer, personally appeared Eric D. Mumma, who acknowledged himself to be a Vice President of Mid Penn Bank, a corporation, and that he as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself IN WITNESS WHEREOF, I hereunto set me hand and official seal. Notarlal5eai ~ Jared M. Leonard, Notary Publlc Notary Middle Paxton'TYap., Dauph{n Coun MODHELOC. DOC9/2/2010 Mid Penn Bank 500 Allentown Boulevard Harris6urg~A 17T1~ June 4, 2012 ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. This Notice contains important legal information. If you have any questions, you may 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 IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA ABOGADO. 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 (plus three (3) days for mailing). NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN .ATTEMPT TO COLLECT THE DEBT. Borrower Gary M. Kopperman Collateral Address: 17 N. 26`h Street Camp Hill, PA 17011 Loan account number: 9803263 Original lender: Mid Penn Bank Current Lender/Servicer: Mid Penn Bank HOW TO CURE YOUR MORTGAGE DEFAULT (Brink it up to date). NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender in relation to your property located at 17 N. 26~h Street, Camp Hill, Cumberland County, Pennsylvania 17011 ("Real Property") is seriously in default because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS. The following is now past due: March, 2012: $1,438.48 April, 2012: $1,438.48 Late Charges: $ 863.04 Attorney Fees/costs: $ 50.00 Other Charges: $ 0.00 Total Amount Due as of 6/04/2012 $3,790.00 HOW TO CURE THE DEFAULT: You may 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 $3,790.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGF,S WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 __ _r>.n_ i~~r~ri rn~r ri ~_T~gEF~jj~,T• IfTgu dg ngt ~„rP the rlPfanlt within THiRTY~3Q~ DAYS of the date of this Notice, the tender intends to exercise its rights to accelerate the mort~a~e 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 your mort~a~ed proaerty. IF THE MORTGAGE IS FORECLOSED UPON: The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your. 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 attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES: The lender may also sue you personally for the unpaid principal 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 bxnaying the total amount then past dues„plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as ~ecified in writing by the lender and by performing any other requirements under the mort~a~e. 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 Sheriff s 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 Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Mid Penn Bank Address: 5500 Allentown Boulevard Harrisburg, PA 17112 Phone Number: (717) 920-3576 Fax Number: (717) 920-9599 Contact Person: Michelle Lugo rm n c ~ V., , ~h~,,,l.i rA l,-~r> that a ChPrif4'c Calr will Pnrl vrnir nwnPrc}tin of ----EFF-E~F-~~fI-E-~d-F~'-fi st~LE~: ~-aa~==~~a~a~- -------r---- the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE: You _may or _X_may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO 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 RIGHT 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 MA.Y HAVE TO SUCI-I ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. J S i. r r ~. . ..• . .•. N ra R 7 r T ~ ostaga $ - t ;,'~ - ~w.~ i,". .- ~ Q Cartilied Fee " '~=2'~' 17 ' ~'~ N (] f: ] Return Recalpt Fee (Endorsement Required) ~~ i ~' Postmark _ ,:~ •''y ~}{~re - l ~ Restrictetl Delivery Fee (Endorsement Re uired) ~ ~~~ .y, Q q Total Postage & Foes ~ jjCC /-~NM p ~ N ~ tt, f enho .- _' r , 1, t ~ ~.~ r ; rl C7 Street, Apt. No or PO Box No I ~ / _ \ . k~ ?~~ ~l l ~ ~ --•• -°- '-- ~ Ci(,Staie,Z1P+~ Y - ~~~~rt-, ~ ---• --• °-- I;~l~ ~ _ ---•-°--------•---°--- J/ I ~ J %~ :,, , „ } MID PENN BANK Plaintiff(s) vs. GARY M. KOPPERMAN Defendant(s) j .., P l ~~ FORM 1 .,_~ ` '_ c ~ IN THE COURT OF COMMON PLEAS OF i '' ..._.~ CUMBERLAND COUNTY, PENNSYLVANIA 1 p - ~ V Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a COnCillatlOn COnferenCe. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a COnClllatlOn COnferenCe. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Re itte ,_` _ _. \.~~{/ ~ b Date Si nature of Cou el for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: ~ • Borrower name (s): Property Address: City: Is the property for sale? Realtor Name: Yes ^ No ^ Listing date: Borrower Occupied: Yes ^ Mailing Address (if different) _ City: Phone Numbers: Home: Cell: State: Zip: _ Price: $ Realtor Phone: State: _ Zip: _ Office: Other: Email: # of people in household: How long? • : • • • • Mailing Address: City: Phone Numbers: State: Office: Uther: Zip: Email: # of people in household: How long? • • first Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: Date of Last Payment: Primary Reason for Default: Included Taxes and Insurance: No ^ Home: Cell: Date You Closed Your Loan: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ Other: $ Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Other transportation (automobiles, boats. motorcvctes) Year: Amount owed: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Value: $ _ $ - $ _ $ _ $ - $ - Year: Value: Year: Monthly Expenses: (Please only include expenses you are currently payinel EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food _ 2" Mortgage Utilities _ Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Value: Model: Value: Monthly Gross Monthly Gross Monthly Gross Monthly Amount: __ Monthly Amount: Co-Borrower Pay Days: Fax: Monthly Net Monthly Net Monthly Net S ~ Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: .• ~ . I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Borrower Signature Date Date Please forward this document along with lender counsel: the following information to lender and V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) ~ Copy of 2 years of federal income tax returns V Copy of deed r;_ { `' re i~'q7 ~. ei'. , ~'1, ° J `:_ r,tAt trl 1Ir r x ~ ~ ~ ~ t.. ~, ,~`. ~`~ ~ ,ryi HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. No. /a, S ~ U~ ~,~t"U C GARY M. KOPPERMAN, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorney for Mid Penn Bank, the Plaintiff in the above- captioned matter. ~~. Dated~:~~ ~ :' " t.,_,t~.~ ~~, 2012 __~-- MARC .H SS I . D. #55774 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Cs .'a j ?- Irt ,?yy? µ OFFICE F'. HE SHERIFF 2012 OCT 16 AM 9: O 1 PENNSYLVANIA Mid Penn Bank vs. Gary M Kopperman Case Number 2012-5907 SHERIFF'S RETURN OF SERVICE 10/02/2012 06:56 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2012 at 1856 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gary M. Kopperman, by making known unto himself personally, at 17 N. 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 October 10, 2012 RYAN BURGETT, DEPUV SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc F1 L C 0 1- L FROTH ONO A' 2011 JUN 19 PM 2. 16 PENN UA Pk HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 2012-5907 Civil GARY M. KOPPERMAN, Defendant PRAECIPE TO THE PROTHONOTARY: Please satisfy the judgment entered to the above term and action number. DATE: ` 12013 HENRY BEAVER LLP By: ARC A HES8 I.D. #55774 Attorney for Plaintiff