HomeMy WebLinkAbout13-0134IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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METRO BANK f/k/a CIVIL DIVISION ~ G ~ ~-~ =`~ ~"°~
Commerce Bank/Harrisburg, N.A. .I~1
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Plaintiff, r ~ ;"'=
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TYPE OF PLEADING ~" ~ r
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STEPHEN P. COPP and
MELISSA A. COPP,
CIVIL ACTION -COMPLAINT
IN MORTGAGE FORECLOSURE
Defendants.
FILED ON BEHALF OF:
Metro Bank f/k/a Commerce Bank/Harrisburg,
N.A., Plaintiff
TO: DEFENDANT(S) COUNSEL OF RECORD FOR THIS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY:
ENCLOSED CO PLAINT WITHIN TWENTY (20) DAYS
FROM SERVIC HEREOF OR A DEFAULT JUDGMENT Scott A. Dietterick, Esquire
MAY BE ELATE D AG ST ou. Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Ralph M. Salvia, Esquire
ATTORNE FOR PLAINTIFF Pa. LD. #202946
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS: JAMES, SMITH, DIETTERICK &
3801 Paxton Street CONNELLY LLP
Harrisburg, PA 17111
AND THE DEFEND NT(S): P.O. BOX 6SO
135 Lanc>}ste ~ve ~ Hershey, PA 17033
Enola, P 0 5
ATTORNEY FOR PLAINTI
(717) 533-3280
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT HE LOCATION OF
THE REAL ES T ED BY THIS LIEN IS
135 Lancast r en E Ia, PA 17025
ATTORN F PLAINTIFF 1
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IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg, N.A., :
Plaintiff,
vs.
STEPHEN P. COPP and MELISSA A. COPP,
Defendants.
NOTICE TO DEFEND
NO..
You have been sued in court. If you wish to defend against the claim 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 maybe 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. 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 INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg, N.A., :
Plaintiff, NO.:
vs.
STEPHEN P. COPP and MELISSA A. COPP,
Defendants.
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded a otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICiNA PARR AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CNIL DIVISION
Commerce Bank/Harrisburg, N.A., :
Plaintiff, NO.:
vs.
STEPHEN P. COPP and MELISSA A. COPP,
Defendants.
CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., by its attorneys,
James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as
follows:
1. The Plaintiff is Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., which has its
principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111.
2. The Defendants, Stephen P. Copp and Melissa A. Copp, are adult individuals
whose last known address is 135 Lancaster Avenue, Enola, Pennsylvania 17025.
3. On or about June 24, 2005, Defendants executed a Balloon Note ("Note") in favor
of Plaintiff in the original principal amount of $85,000.00. A true and correct copy of said Note
is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about May 27, 2010, the terms of the aforesaid Note were modified
pursuant to a Balloon Note Modification Agreement. A true and correct copy of said Agreement
is marked Exhibit "B", attached hereto and made a part hereof.
5. On or about June 24, 2005, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $85,000.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on July 26, 2005, in Mortgage Book
Volume 1915, Page 4752. A true and correct copy of said Mortgage containing a description of
the premises subject to said Mortgage is marked Exhibit "C", attached hereto and made a part
hereof.
6. Defendants are the record and real owners of the aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
On or about November 1, 2012, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974, 41 P.S. § 101, et seq. True and correct copies of said Notices
are marked Exhibit "D", attached hereto and made a part hereof.
9. The amount due and owing Plaintiff by Defendants is as follows:
Principal $ 77,172.11
Interest through 1/4/2013 $ 1,090.62
Late Charges $ 164.57
Less Escrow Balance ($ 602.50)
Unpaid Loan Fees $ 50.50
Attorney's Fees $ 1,650.00
Title Costs $ 410.00
TOTAL $ 79,935.30
plus interest on the principal sum ($77,172.11) from January 4, 2013, at the rate of $12.68 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $79,935.30, with interest thereon at the rate of $12.68 per diem from January 4, 2013 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged
JAMES,
Dated: -
BY:_~ ~_~'
Scott A. Die Brick, Esquire
PA LD. # 55650
Kimberly A. Bonner, Esquire
PA I.D. # 89705
Ralph M. Salvia, Esquire
PA I.D. #202946
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
& CONNELLY LLP
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
BALLOON NOTE caPP
(FIXED RATE) LOAN #: 33332D96COPP
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL
BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO
OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO
MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A
LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE
MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF
THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN
REFINANCING FROM THE SAME LENDER.
JUNE 24, 2005 CAMP HILL PENNSYLVANIA
[Date] [City] [State]
I35 LANCASTER AVENUE, ENOLA, PA 17025
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 85, 000.00
(this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is COMMERCE
BANK/HARRISBURG, N.A.
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of % 6.750
The interest rate required by Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month. ''
I will make my monthly payments on the day of each month beginning on AUGUST 1, 2 0 0 5
I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date
and will be applied to interest before Principal. If, on JULY 1, 2010 , I still
owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at 4, LEMOYNE DRIVE, SUITE 100 , LEMOYNE, PA
17043
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payments will be in the amount of U.S. $ 551.31
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal
only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing
so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note
Holder will use my Prepayments to reduce the .amount of Principal that I owe under this Note. However, the Note
Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my
Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in
the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
MULTISTATE BALLOON NOTE (Fixed Rate)-Single Family--Freddie Mac UNIFORM INSTRUMENT Form 3290 I/Ol
DDCUBNAI Page I of 3
DOCIIB7rA1.VT% 01/23/2009
33332096COPP
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sum 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 reductipn will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
5 .0 0 0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only
once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which
has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notic e that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address
if i am given a notice cf that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of the Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that anyone of us maybe 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 rights to require the Note Holder to demand payment of amounts due. "Notice
of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid.
10. UNIFORM SECITRED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which. might result if I
do not keep the promises which I make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full of all amounts 1 owe under the Note. Some of
those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the
Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural
person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
MULTISTATE BALLOON NOTE (Fixed Rate)-Single Family--Freddie Mac UNIFORM INSTRUMENT Form 3290 1/01
DOCUBNAZ Page 2 of 3
DOC'DHNA2.VTY 01/23/2004
33332096COPP
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 filrther notice or demand on
Borrower.
[Sign Original On1yJ
MULTISTATE. BALLOON NOTE (Fixed Ratc)-Single Family--Freddie Mac UNIFORM INSTRUMENT Form 3290 1/Ol
DOCUBNA3 Page 3 of9
DOCUHNA3.VTY 04/29/2004
EXHIBIT "B"
BALLOON NOTE MODIFICATION AGREEMENT
THIS BALLOON NOTE MODIFICATION AGREEMENT made and entered into as of the 27th day of
May, 2010 by and between METRO BANK (hereinafter called "Lender"), having its principal place of
business at 3801 Paxton Street, Harrisburg, PA 17111, and Stephen P. Copp and Melissa A. Copp
(hereinafter called "Borrower").
W ITNESSETH:
WHEREAS, Borrower executed and delivered to Lender a Balloon Note (the "Note") dated June
24, 2005, in the original amount of $85,000.00, which evidences a loan {#33332096) by the Lender to the
Borrower; and
WHEREAS, the Lender and Borrower mutually agree to modify the terms of the Loan to extend the
Maturity Date, as hereinafter provided.
NOW THEREFORE, for value received and in consideration of the mutual covenants and
agreements hereinafter contained and intending to be legally bound hereby, Lender and Borrower
covenant and agree to amend and modify the loan heretofore described as follows:
1. The Loan and all Loan Documents related thereto shall be amended to provide that the
Maturity Date for the above-referenced loan is hereby extended from July 1, 2010 to July
1, 2015. Borrower shall continue to make principal and interest payments in the amount
of $551.31.
2. Borrower shall pay an extension fee of $500.00.
3. Reference to Lender: This Balloon Note Modification Agreement is being made by Metro
Bank formerly known as Commerce Bank/Harrisburg, N. A.
4. Except to the extent specifically set forth herein, and in other modification agreements, all of
the terrns, conditions, covenants and agreements contained in the Ba{loon Note and the Loan
shall remain in full force and effect. Borrower hereby ratifies and affirms each and every
term and condition, obligation, and covenant of Borrower under the Balloon Note and the
Loan in every respect and shall pay and discharge the indebtedness evidenced by the Balloon
Note and the Loan in accordance with its terms as modified herein. This Modification shall
not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein
described.
Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written.
ATTEST:
METRO BANK
,~j~1 /
~' ATTEST:
~` !' l'i
Douglas! Hummerr
Residential Mortgage Group Manager, VP
Borrower:
i
~ ~~
Stephen P. Copp
~~L
Melissa A. Copp
Page 2 of 2
EXHIBIT "C"
~~t~.
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AFTER RECORDING RSTIIRN TO:
COMMERCE BANK/HARRISBURG,
N.A.
100~0~E DRIVE, SUITE
LEMOYNE, PA 17043
ATTN: POST CLOSING
PHONE:
PREPARED BY:
DEg MAASS
COMMERCE BANK/HARRISBURG,
N.A.
100 SENATE AVENUE
~~~Lz :;~~ 26 ~i~ ~ 57
CAMP HILL, PA 17011 ~~~~t ~~.- f~, ~~~~~ / +~~
[Space Above This Line For Recording Data] I l/
MORTGAGE
DEFINITIONS
COPP
LOAN #:33332096COPP
CASE #:
PIN: D9-15-1290-033
Words used in multiple sections of this document are defimed below and other words aze defined in Sections 3,
11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this doctment are also pro~:~ded it
Section 16.
(A) "Security Instrument" means this document, which is dated JUNE 24 , 2 0 0 5
together with all Riders to this document.
(B) "Borrower" is STEPHEN P . COPP AND MELISSA A. COPP, HIISBAND AND OFIFE
Borrower is the mortgagor under this Security Instrument.
(C)"Lender"is COMMERCE BANK/HARRISBURG, N.A.
Lender is a NATIONAL ASSOCIATION organized and existing under the laws
of PENNSYLVANIA .Lender's address is 100 SENATE AVENIIE, CAMP
HILL, PA 17011
Lender is the mortgagee under this Security Instrument.
{D) "Note" means the promissory note signed by Borrower and dated JUNE 2 4 , 2 0 0 5 .The
Note states that Borrower owes Lender
EIGHTY-FIVE THOIISAND AND 00/100
Dollars (U.S. $ 85, 000 .00 )plus interest. Borrower has promised to pay this debt in
regular Periodic Payments and to pay the debt in full not later than JULY 1, 2010
(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.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
DOCU~PAI (Page 1 of 14 pages)
DOCDIPAI.VTY 01/11/2005
3s~>~~~
} .:~ f"~~
33332096COPP
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders
are to be executed by Borrower [check box as applicable]:
Adjustable Rate Rider ~ Condominium Rider [] Second Home Rider
® Balloon Rider ~ Planned Unit Development Rider Biweekl Pa
1-4 Family Rider ~ Other(s) [specify] ~ Y Yment Rider
(I~ "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 fmal, non-appealable
judicial opinions.
m "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a fmancial institurion to debit or credit an
account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions,
transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that aze described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; m
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.
(l~ "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.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §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 Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGH'T'S IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the
following described property located in the COUNTY (Type of Recording jurisdiction)
of CUMBERLAND (Name of Recording Jurisdiction):
ALL THAT CERTAIN TRACT OF LAND AND IMPROVSMSNTS SITUATE IN EAST
PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE
PARTICULARLY BOUNDED AND DESCRIBED IN EXHIBIT "A" ATTACHED HERETO.
PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
no~7iP~ (Page 2 of I4 pages)
DOCOIPA2.P1'Y 01/06/2005
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which has the address of 13 5 LANCASTER AVfiNIIE
[Street] '
ENOLA ,Pennsylvania 17025 ("Property Address");
[City] [Zip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully 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 ar cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring
the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.
Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower
does not do so within a reasonable period of time, Lender shall either apply such funds or return them to
Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note
immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against
Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
perfornung 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
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Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full.
To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for:
(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for
any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any
sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance
with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during
the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for
Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender
may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such
waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Items far 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 See±ion
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 maximum amount a lender can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any
Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless 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 shall be paid
on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, bender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender
the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
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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 manuer acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or
(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on
which that notice is given, Borrower shall satisfy the lien or take one or-more of the actions set forth above in
this Section 4.
Lender may require Borrower to pay cone-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: (aj a one-time charge for flood zone deteniunation, certificatior.
and tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, 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 Iiability
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 name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
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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 that such inspection shall be undertaken promptly. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the
insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically
feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by
this Security Instnuent, whether or not then due, with the excess, if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not
to exceed the amounts unpaid under the Note or this Security Instrument, and (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 Properly or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.
If the insurance or condemnation proceeds 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.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such. reasonable cause.
8. Borrower's Loan Application. Borrower 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
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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.
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. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the
ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lerider agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an altennate 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 heu
of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is
ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss
reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and
for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the
premiums required to maintain Mortgage Insurance in effect, or to provide 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 temrination or until termination is required by Applicable Law.
Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain Losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are
on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
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As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or Wright 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 shaze of the insurer's risk in exchange for a share of the premiums paid to the insurer, the
arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - 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 cancellation 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. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in
value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or
loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount
of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and
Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if; after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower 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.
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Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,
without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any
right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-
signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modiry, forbear or tnalce any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's
obligations and liability under this Security hLStnunent 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 fmally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will
be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the
Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTR[JMENT Form 30391/01
UOCU 1 PA9 (Page 9 of 14 pages)
DOCUIPA9. VTY 01/06/2005
it '{ .! 1 ~' i'4 ~-; ~ 8+
33332096COPP
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security Instnurrent shall be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if
sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law
expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated
a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of
address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only
report a change of address through that specified procedure. There may be only one designated notice address
under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by
mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by
notice to Borrower. Any notice in connection with this Security Instnuent 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 Instnunent.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable
Law. Applicable Law might explicitly or 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 Instnunent or the Note conflicts with Applicable Law, such conflict shall
not" affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word "rrray" gives sole discretion without any obligarion to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
if all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. if Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to
the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security
Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to
reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
(a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property
inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the
Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require
PENNSYLVANIA--Single Fatuity--Fannie MaelFreddie Mac UNIFORM INSTRUMENT
DOCUIPAIO Form 3039 1/Ol
DOCDIPLA. VTK of/oc/aaas (Page l0 of l4 pages)
Q('i r _' 1 Y i r v
33332096COPP
to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's
obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require
that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by
Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic
Payments due under the Note and this Security Instrument and perfom~s 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 are not assumed by the Note purchaser unless
otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this
Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a 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 acfion provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on ar 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 products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
DOCUIPAI l (Page 11 of I4 pages)
nocnirAS.vrx of/oe/coos
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33332096COPP
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 on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security 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 sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys'
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 party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent perntted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instnunent, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money 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.
PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
DOCU1PA12 (Page 12 ojl4 pages)
DOCOIPAC.PPY 01/06/2005
~: t~ -P
33332096COPP
BY SIGMNG 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.
- auxxuwrsx - STEPFiSIq P. COPP - DATE -
~ n
^,
- 1#ORROWER - MELI A A. COPP -TDA E -
PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
DOCUIPA I3 (Page 13 of 14 pages)
DOCDIPAD. VTY 01/06/2005
Nib ~ SI ~, t 1 v ` . i
33332096COPP
[Space Below This Line For Acknowledgment)
Commonwealth of Pennsylvania,
County of (~~ , 'Y~-o
On this, the-'~~~~y of a-~~ before me, ~~~ ~ ' ' "~-it ~~~ c-~L~
+ the undersi ned officer,
appeared ~` jam, ~ ~ ~~~ ~ !1 ~ ~ - ~• g personally
lmown to me (or satisfactorily proven) to,l~e the person(s) whose name subscribed to the within
instrument and acknowledged that executed the same for the purposes therein contained.
. In witness whereof, I hereunto set my hand and official seal.
Hz ; ~~u~ .M, .
..` ~ b.`r k.~uZ..
F; YF n '. s
COMMONW
a`''' ~. EALTH OF PENNSYWANIA
'!,f'>.'/5~~ '•~s ~~ Notarial Seal U
' °•. r~:'f v ~ -1iA Soto, ~a'->derta ~ Titl of Officer ~-
MernDer. P~ F~~B ~' 4' 2007
e nB vanf° Assam+at+on Ot rv~~, • _ ommission Expires:
CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within-named
lender is 100 SENATE AVENIIE, CAMP HILL, PA 17011
Witness my hand this 24TH day of JUNE, 2005
1 ~..
`~ - `~~'
Agent of Lender
PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
DOCU I PA I4 (Page 14 of l4 pages)
DOCO1PAa.VTX 01/06/2005
Lf i~ .: ~ i /
BALLOON RIDER
(CONDITIONAL MODIFICATION AND EXTENSION OF LOAN TERMS)
COPP
LOAN#: 33332096COPP
THIS BALLOON RIDER is made this 24TH day of JIINE, 2005
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to
Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure
the Borrower's Note to CODlMERCE BANK/HARRISBIIRG, N.A.
(the "Lender") of the same date and covering the property described in the Security Instrument and located at:
135 LANCASTER AVENIIE, ENOLA, PA 17025
[Property Address]
The interest rate stated on the Note is called the "Note Rate." The date of the Note is called the "Note
Date." I understand the Lender may transfer the Note, Security Insirument and this Rider. The Lender or
anyone who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive
payments under the Note is called the "Note Holder."
ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security
Instrument, Borrower and Lender further covenant and agree as follows (despite anything to the contrary
contained ilt the Security Instrument or the Note):
1. CONDITIONAL MODIFICATION AND EXTENSION OF LOAN TERMS
At the maturity date of the Note and Security Instrument (the "Note Maturity Date"), I will
be able to extend the Note Maturity Date to JULY 1, 2 0 3 5 (the "Extended
Maturity Date") and modify the Note Rate to the "Modified Note Rate" detemuned in accordance
with Section 3 below if all the conditions provided in Sections 2 and 5 below are met (the
"Conditional Modification and Extension Option"). If those conditions are not met, I understand
that the Note Holder is tinder no obligation to refinance the Note or to modify the Note, reset the
Note Rate or extend the Note Maturity Date, and that I will have to repay the Note from my own
resources or find a lender willing to lend me the money to repay the Note.
MULTISTATE BALLOON RIDER (Modification and Extension}-Single Family--Freddie Mac UNIFORM INSTRUMENT Form 3190
1/01
noc saeiwz~c io/i9/zoo3 (page 1 of3 pages)
~~r _ r
2. CONDITIONS TO OPTION 33332096COPP
If I want to exercise the Conditional Modification and Extension Option, certain conditions
must be met as of the Note Maturity Date. These conditions are: (a) I must still be the owner and
occupant of the property subject to the Security Instrument (the "Property"); (b) I must be current
in my monthly payments and cannot have been more than 30 days late on any of the 12 scheduled
monthly payments immediately preceding the Note Maturity Date; (c) there are no liens, defects,
or encumbrances against the Property, or other adverse matters affecting title to the Property
(except for taxes and special assessments not yet due and payable) arising after the Security
Instrument was recorded; (d) the Modified Note Rate cannot be more than 5 percentage points
above the Note Rate; and (e) I must make a written request to the Note Holder as provided in
Section 5 below.
3. CALCULATING THE MODIFIED NOTE RATE
The Modified Note Rate will be a fixed rate of interest equal to the Federal Home Loan
Mortgage Corporation's required net yield for 30-year fixed rate mortgages subject to a 60-day
mandatory delivery commitment, plus one-half of one percent (0.5%), rounded to the nearest one-
eighth of one percent (0.125%) (the "Modified Note Rate"). The required net yield shall be the
applicable net yield in effect on the date and time of day that I notify the Note Holder of my
election to exercise the Conditional Modification and Extension Option. If this required net yield
is not available, the Note Holder will determine the Modified Note Rate by using comparable
information.
4. CALCULATING THE NEW PAYMENT AMOUNT
Provided the Modified Note Rate as calculated in Section 3 above is not greater than 5
percentage points above the Note Rate and all other conditions required in Section 2 above are
satisfied, the Note Holder will determine the amount of the monthly payment that will be sufficient
to repay in full (a) the unpaid principal, plus (b) accrued but unpaid interest, plus (c) all other sums
I will owe under the Note and Security Instrument on the Note Maturity Date (assuming my
monthly payments then are current, as required under Section 2 above), over the remaining
extended term at the Modified Note Rate in equal monthly payments. The result of this calculation
will be the new amount of my principal and interest payment every month until the Note is fully
paid.
5. EXERCISING THE CONDITIONAL MODIFICATION AND EXTENSION OPTION
The Note Holder will notify me at least 60 calendar days in advance of the Note Maturity
Date and advise me of the principal, accrued but unpaid interest, and all other sums I am expected
to owe on the Note Maturity Date. The Note Holder also will advise me that I may exercise the
Conditional Modification and Extension Option if the conditions in Section 2 above are met. The
Note Holder will provide my payment record information, together with the name, title and
address of the person representing the Note Holder that I must notify in order to exercise the
Conditional Modification and Extension Option. If I meet the conditions of Section 2 above, I
may exercise the Conditional Modification and Extension Option by notifying the Note Holder no
earlier than 60 calendar days and no later than 45 calendar days prior to the Note Maturity Date.
The Note Holder will calculate the fixed Modified Note Rate based upon the Federal Home Loan
Mortgage Corporation's applicable published required net yield in effect on the date and time of
day notification is received by the Note Holder and as calculated in Section 3 above. I will then
have 30 calendar days to provide the Note Holder with acceptable proof of my required ownership,
occupancy and property lien status. Before the Note Maturity Date the Note Holder will a dvise me
of the new interest rate (the Modified Note Rate), new monthly payment amount and a date, time
and place at which 1 must appear to sign any documents required to complete the required Note
Rate modification and Note Maturity Date extension. I understand the Note Holder will ch arge me
MULTISTATE BALLOON RIDER (Modification and Extension)--Single Family--Freddie Mac UNIFORM INSTRUMENT Form 3190
1/01
mc~nseaz?vxx io/ia/aoo3 (page 2 of3 pages)
~;
i~~=$~~~
33332096COPP
a $250 processing fee and the costs associated with the exercise of the Conditional Modification
and Extension Option, including but not limited to the cost of updating the title insurance policy.
BY SIGNING BELOW, BORROWER accepts and agrees to the terms and covenants contained in this Balloon
Rider.
- BORRO R - STEPHEN P.~dOPP - DATE -
~ .~
- B04tROWER - MELISSA COPP - DAB -
I ~eri~;~y ~=~~s ~~~ ~~ rN~c~r .
MULTISTATE BALLOON RIDER (Modification and Extension}-Single Famil y-Freddie Mac UNIFORM, INSTRUMENT Form 3190
I/Ol
DOCUBRB3 (page 3 of 3 pages) }
DOCDBR83.VT8 10/14/3003
V~~_~
EXHIBIT "A"' -MORTGAGE LEGAL
ALL THE FOLLOWING DESCRIBED property situate in the Township of East Pennsboro, County of
Cumberland and Commonwealth of Pennsylvania, pursuant to a survey by Eric L. Diffenbaugh, PLS bounded
and described as follows to wit:
BEGINNING at an existing iron pin on the western right of way line of Lancaster Avenue; thence along lands
now or formerly of Peggy Byrem (Parcel B) South 89 degrees 19 minutes 40 seconds West, 167.71 feet to an
existing iron pin; thence along a 15 foot alley, north 00 seconds West, 100.00 feet to an existing iron pin; thence
along land now or formerly of Larry Stone, North 89 degrees 19 minutes 50 seconds east, 167.71 feet to a set
iron pin; thence along the western right of way line of Lancaster Avenue south 00 degrees 40 minutes 5 seconds
East 100 feet to an existing iron pin, the place of beginning.
BEING LOTS 13 AND 14 OF SECTION F in the amended Plan of Lots of West Enola as recorded in the Office
of the Recorder of Deeds in and for Cumberland County
in Plan Book 2 page 70.
HAVING THEREON erected a dwelling commonly known as 135 Lancaster Avenue
(COPP.PFD/COPP/21)
EXHIBIT "D"
METRE
BANK
November 1, 2012
Ha-ri~t~ur, ~~, 1:r ~ -~ 1 ~~,~°r~eteeat~~n~_F~~m
ACT 6/91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mort a e on our home is in defaul and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
H( EMAP) may be able to help to save your home This Notice explains how the program
works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agency
The name address and hone number of Consumer Credit Counselin A encies servin our
County are listed at the end of the Notice If you have any questions ou may call the
Pennsylvania Housing Finance Agency toll free at 1-800 342 2397 (Persons with im aired
heanng can call (717) 780-1869
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you find a lawyer.
LA NOTIFICACION EN ADJIJNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
STEPHEN COPP
135 LANCASTER AVE
ENOLA PA 17025
Property Address -135 Lancaster Ave., Enola, PA 17025
Loan account number-33332096
Original lender -Metro Bank Formerly known as Commerce Bank/Harrisburg
Current Lender/Servicer -Metro Bank Formerly known as Commerce Bank/Harrisburg
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
•IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three
(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting
with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THIRTY-THREE (331 DAYS OF THE DATE OF
THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS
HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action
against you for thirty (30) days after the date of this meeting. The names, addresses and
teleyhone numbers of designated consumer credit counseling agencies for the county in which
the nronerty is located are set forth at the end of this Notice It is only necessary to schedule one
face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) You have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and
file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer
credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily
stop the lender from filing a foreclosure action, your application MUST be forwarded to the
PHFA and received within thirty (30) days of your face-to-face meeting with the counseling
agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOONAS POSSIBLE. IF YOUHA VE
A MEETING WITH A COUNSELING A GENCY WITHIN 33 DAYS OF THE POSTMARK
DATE OF THIS NOTICE AND FILE ANAPPLICATION WITHPHFA WITHIN 30 DAYS
OF THAT MEETING, THEN THE LENDER WILL BE TEMPORATILYPREVENTED
FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED
ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE':
YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE
TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM
STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS
EVENTUALLYAPPROVED ATANY TIME BEFORE A SHERIFF'S SALE, THE
FORECLOSURE WILL BE STOPPED.
AGENCY ACTION-Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date)
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your
property located at:
135 Lancaster Ave., Enola, PA 17025 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
9/1/2012-$636.89, 10/1/2012-$636.89 and $117.55 in late fees
TOTAL AMOUNT PAST DUE: $ 1,391.33, due as of 12/4/2012.
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not
applicable.)
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 $1,391.33 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES 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.
Metro Bank
3801 Paxton Street
P.O. Box 4999
Harrisburg, PA 17111-0999
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender 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 mortgaged
ro er
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 reauired 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,~ou
still have the right to cure the default and prevent the sale at an time up to one hour before the
Shenff s Sale. You may do so by naym~ the total amount then past due plus anv 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 specified in writing by the lender and by
performma anv 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: Metro Bank
Address: 3801 Paxton Street, P.O. Box 4999
Harrisburg, PA 17111-0999
Phone Number: 717-412-6893
Fax Number: (717) 412-6191
Contact Person: KELLY WILLIAMS-Consumer Collections Specialist
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your
ownership of 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 MAY HAVE TO SUCH
ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES
.. -
1C,.5^...:J .,,..-phfa,of9 f rc :.romsau a ~ f.P:lt.. aC ac=na--~ th wmo~n.,~. d.ad~ , ,~ -_ _~~
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HEAZAP Consumer Credit Caunse(ina A envies
CL 1~IBERLA\D Couun•
~~,ortl..,~a,teala~ozolzols,~~1 •
Adcantnge Credit Couuseliug Senire'CC'CS of A'estern PA
2000 Lingkstossv Road
Ilurixburg.. PA 17102
8SS-Sll-?227
Hoasing A~iauce of Fm~k,l"Housing Resources
?40 L[rest hfarket Street
S'od:. PA 17401
717-855-2752
PA Interfaith Communih~ Programs Inc
46 E Fligh Street
Getrysburg. PA 173'_5
717-334-1513
Communih~ Action Commission of Capital Region
1514 Deasy Street
Harnxbtug. PA 17104
717-_32-9757
~taraoatha
43 Philadelphia Avenue
VI'a}vesboro. PA 17265
717-762-32SS
PHFA
211 North Front Street
Haarisbtug, PA 17110
717-780-3940 800-34'-]397
_.----
~alnlanwn ZOne.. ...._- ---- ~--
~'ii"' ,e
STEPHEN COPP
135 LANCASTER AVE
ENOLA PA 17025
METRO
BANK
November 1, 2012
371 r~ax'~n ~~ru*~t ~~~.33 ~ .040
Ha°ri~~~urC~, ~',h y r E 11 ~n~~•re~etccat~~nk ,:~~~r7'~
ACT 6/91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the wort a e on our home is in defaul and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
HEMAP) may be able to help to save your home This Notice explains how the program
works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agencv
The name address and hone number of Consumer Credit Counselin A encies servin our
County are listed at the end of the Notice If you have any Questions you may call the
Pennsylvania Housing Finance Agency toll free at 1-800 342 2397 (Persons with impaired
heanng can call (717) 780-1869
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
MELISSA COPP
135 LANCASTER AVE
ENOLA PA 17025
Property Address -135 Lancaster Ave., Enola, PA 17025
Loan account number -33332096
Original lender -Metro Bank Formerly known as Commerce Bank/Harrisburg
Current Lender/Servicer -Metro Bank Formerly known as Commerce Bank/Harrisburg
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
•IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three
(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting
with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THIRTY-THREE 33 DAYS OF THE DATE OF
THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS
HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action
against you for thirty (30) days after the date of this meeting. The names addresses and
televhone numbers of designated consumer credit counselin agencies for the county in which
the Uroperty is located are set forth at the end of this Notice It is only necessary to schedule one
face-to-face meeting. Advise your lender imme_ diately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) You have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and
file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer
credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily
stop the lender from filing a foreclosure action, your application MUST be forwarded to the
PHFA and received within thirty (30) days of your face-to-face meeting with the counseling
agency.
YOUSHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HA VE
A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK
DATE OF THISNOTICEAND FILEANAPPLICATION WITHPHFA WITHIN 30 DAYS
OF THAT MEETING, THEN THE LENDER WILL BE TEMPORATILYPREVENTED
FROMSTARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED
ABOVE, IN THE SECTION CALLED "TEMPORAR Y STA Y OF FORECLOSURE'
YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE
TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM
STARTINGA FORECLOSUREACTION, BUTIF YOUR APPLICATION IS
EVENTUALLYAPPROVED ATANY TIME BEFORE A SHERIFF'S SALE, THE
FORECLOSURE WILL BE STOPPED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uD to date)
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your
property located at:
135 Lancaster Ave., Enola, PA 17025 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
9/1/2012-$636.89, 10/1/2012-$636.89 and $117.55 in late fees
TOTAL AMOUNT PAST DUE: $ 1,391.33, due as of 12/4/2012.
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not
applicable.)
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 $1,391.33 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa ents
must be made either by cash, cashier's check certified check or money order made savable and
sent to.
Metro Bank
3801 Paxton Street
P.O. Box 4999
Harrisburg, PA 17111-0999
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgage 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 mortgaged
ro e
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 anv time up to one hour before the
Shenff s Sale. You may do so by paving the total amount then past due 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 Shenff s Sale as specified in writing by the lender and by
performing anv other requirements under the mortgage Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that
such a 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: Metro Bank
Address: 3801 Paxton Street, P.O. Box 4999
Harrisburg, PA 17111-0999
Phone Number: 717-412-6893
Fax Number: (717) 412-6191
Contact Person: KELLY WILLIAMS-Consumer Collections Specialist
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your
ownership of 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.
• TU 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 MAY HAVE TO SUCH
ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES
~~~
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FYe Edt: Ca To FevaRes ~ .---- __ _ __ ~~ fit, ._ „1
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HERiAP Consumer Credit Counseling AQeneies
CL~IBERLA\D Conuh~
Report last updated: I4'16`?41-'4L5'P*.f
.Ads:wtage Credit Counsetiag Sersice'CCCS of R'eslern PA
2000 Linglestotisv Road
H.ttnsburg.PA 1710'
858-511-2'27
Housing AQiauce oCl'ork l- Housing Resom•ces
_90 Rest Isfariet Street
S-orl:. PA 17-101
Ik7-8k>-~75~
PA Interfaith Communih' Programs Inc
40 E Hi¢h Streer
GetNSbtuq. PA 173'_5
717-334-1518
Communih' Actiou Commission of Capital Regiou
1514 Dem•Saret
Iiatrisbwe. PA 17104
717-_232-9757
~faranatba
43 Philadelphia Acerme
Wawesboro_ PA I i26$
717-762-3285
PHFd
'i 1 North Front Sffeet
Hatristnug, PA 17110
717-780-3940 800-34_-2397
_r_...-...I I~Urdmawn 2a~e_. . ~.--J
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MELISSA COPP
135 LANCASTER AVE
ENOLA PA 17025
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce BanklHarrisburg, N.A., ;
Plaintiff, NO.:
vs. .
STEPHEN P. COPP and MELISSA A. COPP, :
Defendants. .
VERIFICATION
I, John T. Robertson, Vice President of Metro Bank depose and say subject to the
penalties of 18 Pa.C.S.A., sec.49U4 relating to unsworn falsification to authorities that the facts
set forth in the foregoing pleading are true and correct to the best of my inforn~ation, knowledge
and belief.
;,
-~--~
By:
oh T. Robertson, Vice President
Metro Bank f/k/a
Commerce Bank/Harrisburg, N.A.,
Plaintiff(s) IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v. :
Stephen P. Copp and Melissa A. Copp
: s -.;
,
,
,
Defendant(s)
~ ~'~ ~j Civil ~ ~' ~ k
_
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE ~ A
DIVERSION PROGRAM ~
'. ~p
~ ~
~
r ~~. ~ ;
c~ s~
You have been served with a foreclosure complaint that could cause you to lose yotarne~ c~ -,-~.
~ ~=
,
If you own and live in the residential property which is the subject of this foreclosu~~io out
may be able to participate in acourt-supervised conciliation conference in an effort to resolve tits ~ er'`'
with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact
MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and
request an appointment of a legal representative at no charge to you. Once you have been appointed a
legal representative, you must promptly meet with that representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all the 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 the conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of 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 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.
Respectfully submitted:
By:
Date Scott A. Dietterick, Esquire
PA LD. # 55650
Kimberly A. Bonner, Esquire
PA I.D #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Metro Bank f/k/a
Commerce Bank/Harrisburg, N.A.,
Plaintiff(s)
v.
Stephen P. Copp and Melissa A. Copp,
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated
2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
Civil
1. Defendant is the owner of the property which is the subject of the mortgage foreclosure
action;
2. Defendant lives in the subject real property, which is the Defendant's primary residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program" and has taken all of the steps required in the Notice to be eligible to
participate in acourt-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that false
statements are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Signature of Defendant's CounseUAppointed
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
Date
Metro Bank f/k/a
Commerce Bank/Harrisburg, N.A.,
Plaintiff(s)
v.
Stephen P. Copp and Melissa A. Copp,
Defendant(s)
CASE MANAGEMENT ORDER
Civil
AND NOW, this day of , 2012, the defendant/borrower in the above-
captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference
verifying that the defendant borrower has complied with the Administrative Rule requirements for
scheduling a Conciliation Conference, it is hereby ORDERED and DECREED that:
The parties and their counsel are directed to participate in acourt-supervised
Conciliation
Conference on at .M. in at the
Cumberland County Court House, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which the
service of the completed Form 2 is to be made may be expected. Upon notice to the
Court. of the defendant borrower's failure to serve the completed Form 2 within the
timeframe set forth herein or such other date as agreed upon by parties in writing or
ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceeding shall be terminated.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must either
attend the Conciliation Conference in person or be available by telephone during the
course of the Conciliation Conference. The representative of the plaintiff/lender who
participates in the Conciliation Conference must possess the actual authority to reach a
mutually acceptable resolution, and counsel for the plaintiff/lender must discuss
resolution proposals with the authorized representative in advance of the Conciliation
Conference. If the duly authorized representative of the plaintiff/lender is not available
by telephone during the Conciliation Conference, the Court will schedule another
Conciliation Conference and require the personal attendance of the authorized
representative of the plaintiff/lender at the rescheduled Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss
and explore all available resolution options which shall include: bringing the mortgage
current through a reinstatement; paying off the mortgage; proposing a forbearance
agreement or repayment plan to bring the account current over time; agreeing to tender a
monetary payment and to vacate in the near future in exchange for not contesting the
matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification
or a reverse mortgage; paying the mortgage default over sixty moths; and the institution
of bankruptcy proceedings.
All proceedings in this matter are stayed pending the completion of the scheduled
Conciliation Conference.
BY THE COURT.
J.
FORM z
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
State: Zip:
Yes ^ No ^ Listing date: Price: $
Realtor Phone:
Yes ^ No ^
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
Borrower names};
Property Address:
City;
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different);
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
Home:
Cell:
Office:
Other:
How long?
Home:
Cell:
State: Zip:
Office:
Other:
How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
1'rimary Reason for Default:
State: Zip:
Is the loan in Bankruptcy? Yes ^ No ^
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:
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1:Model: Year:
Amount owed: Value:
Automobile #2: Model: Yeai.:
Amount owed: Value:
Other transvortation (automobiles boats motorcycles~• Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
1.
3.
Additional income Description (not wages):
1 • monthly amount:
2• monthly amount: _
Borrower Pay Days:
Co-Borrower Pay Days:
Monthly Exnenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mort a e Food
2° Mort a e Utilities
Car Pa ent s Cando/Nei ,Fees
Auto Insurance Med.. not covered
Auto fuel/re airs Other ro a mer
Install. Loan Pa ment Cable TV
Child Su ort/Alim. S endin Mone
Da /Child CarelTuit. Other Exnenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ^ No ^
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
2
Email:
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 Iender or lender's loan servicing company
to resolve your delinquency?
Yes ^ No ^
If yes, please indicate the status of those negotiations:
Please provide the following .information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
Phone:
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 optiions. UWe
understand that Uwe am/are under no obligation to use the services provided by the above
named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
Proof of income
-Vr Past 2 bank statements
-Yt Proof of any expected income for the last 45 days
_Vt Copy of a current utility bill
-V Letter explaining reason for delinquency and any supporting documentation
- ! (hardship letter)
Y Listing agreement (if property is currently on the market)